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Judgment Search Results Home > Cases Phrase: patents Court: gujarat Year: 2001 Page 2 of about 83 results (0.005 seconds)

Aug 09 2001 (HC)

Bhikhabhai Keshavlal Patel Vs. Election Officer, Dist. Central Co-op. ...

Court : Gujarat

Decided on : Aug-09-2001

Reported in : (2002)1GLR552

..... courts shall not interfere with the election process when the election process has commenced is to ensure that the election process goes on. when the returning officer himself commits a patent illegality and rejects the nomination paper of the petitioner contrary to the statutory provisions or in any view of the matter condition precedent for exercising the power is lacking then ..... and extraordinary circumstances justifying the interference of this court with the impugned decision of the returning officer.'2.20 being aggrieved and dissatisfied with the aforesaid judgment, a letters patent appeal no. 1031 of 1999 was filed before the division bench of this court (coram : c. k. thakker, actg. c.j. and k. m. mehta, j.), in december, 1999 and ..... courts shall not interfere with the election process when the election process has commenced is to ensure that the election process goes on. when the returning officer himself commits a patent illegality and rejects the resolution of the petitioner changing its delegate and this is done without any power or jurisdiction, this must be held to be one of the exceptional ..... making the nominations.'in paragraph no. 16 on page 15 the court further observed as follows :'para 16 ...... hence, the impugned decision of the returning officer mustbe held to be patently illegal and without jurisdiction. the illegality is so apparent on the face of the record that rejecting the petition at this stage and requiring the petitioner-society to file an .....

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Sep 03 2001 (HC)

Bharatkumar Gajanand Vyas Vs. Mahatma Gandhi Labour Institute

Court : Gujarat

Decided on : Sep-03-2001

Reported in : (2002)4GLR2958

..... concerned with the sufficiency of the satisfaction. we are not prima facie satisfied that at this juncture we could straightway characterize the impugned orders of suspension as suffering from any patent infirmity which should oblige this court to stay them. we are obliged to make all the above say only for the purpose of finding out as to whether the learned ..... its own satisfaction. there could be interference, if extraneous or irrelevant materials are taken note of; or there has been a total non-application of mind, or the action is patently perverse, unfair and unjust or is tainted with mala fides. this court is not supposed to examine the formation of the subjective opinion as if an appellate court. this court ..... convinced that at the interim stage, there is no justification for staying the impugned orders of suspension. accordingly, we allow these letters patent appeals, set aside the common order of the learned single judge, subject matter of these letters patent appeal and the interim reliefs asked for by the respondents pending the special civil applications preferred by them, shall stand negatived. ... ... ....'however .....

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Dec 27 2001 (HC)

Jagdishbhai Mafatlal Patel Vs. State of Gujarat

Court : Gujarat

Decided on : Dec-27-2001

Reported in : (2002)4GLR3294

..... was granted earlier in both the petitions may be continued for a period of two weeks so as to enable the petitioners to approach the division bench by filing letters patent appeal as intra-court appeal is provided against the judgment of the single judge of this court. according to mr. nanavati, learned senior counsel, the interim relief was operating till ..... prejudice is going to be caused to either of the parties in view of the fact that there is winter vacation for one week and the petitioners cannot file letters patent appeal till reopening of the court. mr. b.s. patel, learned advocate submitted that the first meeting of the society in respect of special civil application no. 3821 of 2001 ..... by the supreme court as well as this court and hence the prayer to continue the interim relief to enable the petitioners to approach division bench by way of letters patent appeal cannot be entertained and accordingly the prayer for continuing the interim relief is rejected.

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Sep 21 2001 (HC)

Narmada Aluminium Extusion Ltd. (Old) Vs. Taj Basheer Ahmed

Court : Gujarat

Decided on : Sep-21-2001

Reported in : (2002)4GLR3588

..... the order dated 29.6.1995 passed by the division bench in civil application no. 931 of 1995 is only an interim order and the letters patent appeal is yet pending and, therefore, this interim order passed by the division bench also cannot be treated as an authority on the scope of section ..... be, the appellate authority. '8. he has also relied upon the decision of the division bench of this court dated 30th december, 1999 in letters patent appeal no. 1603 of 1999 in special civil application no. 8351 of 1999 and has submitted that in the order passed by the division bench of ..... wages were passed by the tribunal in favour of the workman and the same were confirmed by the learned single judge of this court and letters patent appeal preferred against the order of the learned single judge of this court was dismissed for non removal of the office objections. it is also ..... application no. 1354 of 1995 as well as the main special civil application and thereby dismissed the main matter against which , the present applicant filed letters patent appeal no. 724 of 1996 which has been dismissed in default for non removal of the office objection as per the statement made by mr. p ..... .f. makwana, learned advocate for the applicant and, thereafter, misc. civil application for restoration of the said letters patent application was moved being misc. civil application no. 2789 of 1998 in letters patent appeal no. 724 of 1996 which is pending according to the statement made by mr. makwana. thus, from the .....

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Nov 05 2001 (HC)

Jayantilal Dhanjibhai Patel and anr. Vs. Rohitbhai Dhanjibhai BIn Goka ...

Court : Gujarat

Decided on : Nov-05-2001

Reported in : AIR2002Guj197

..... 104 read with order 43, rule 1 clearly applies to the proceedings before the trial judge of the high court. there is no inconsistency between the letters patent jurisdiction and section 104 read with order 43, rule 1 of the code.' the bombay : air1950bom355 and calcutta : air1974cal331 high courts decisions (supra) thus ..... babulal khimji : [1982]1scr187 (supra). supreme court came to the conclusion : 'although the letters patent is a special law certain provisions of the code of civil procedure in the matter of procedure do apply to appeals against the decision of a trial judge ..... provisions of section 104 of the code read with order 43, rule 1 of the code are applicable to the internal appeals provided by the letters patent of the high court. after a detailed discussion of the provisions of the code in various decisions of the high courts, in the case of shah ..... came to the conclusion that the order passed on application under order 9. rule 9 by the single judge is judgment within the meaning of letters patent and lpa would be competent.with utmost respect to the learned judges of the division bench of this court, they failed to notice that in the bombay ..... our gratitude to him for the help that he has rendered. he pointed out that it is possible to take the view that the present letters patent appeal may not be maintainable but the order under appeal finally disposes of the rights of the partiesand is really an order on an original proceedings .....

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Sep 04 2001 (HC)

Horst Kurves Gmbh Vs. Essar Oils Ltd.

Court : Gujarat

Decided on : Sep-04-2001

Reported in : [2003]115CompCas801(Guj); (2002)2GLR1314

..... not being a step towards judgment) but is designed to render the judgment effective can also be termed as judgment within the meaning of the letters patent.so far as this test is concerned, the learned chief justice had in mind orders passed by the trial judge granting or refusing ad interim injunction ..... controversy about the scope of expression 'judgment' in clause 15 of the letters patent as there was a sharp difference of opinion amongst various high courts. one extreme view (i.e. of the rangoon high court) was that appeal ..... that the words 'order or decision' in section 202 of the companies act, 1913 were wider than the expression 'judgment' in clause 15 of the letters patent.24. in shah babulal khimji v. jayaben, air 1981 sc 1786, a bench of three judges of the apex court had an occasion to consider the ..... act, 1913 (which was in pari materia with section 483 of the present companies act) was much wider than the scope of clause 15 of the letters patent. the apex court approved the following principles laid down by chief justice chagla of the bombay high court in bachharaj factories ltd. v. hirji mills ltd. ..... , learned counsel for the appellant has submitted that the language of section 483 of the companies act is much wider than clause 15 of the letters patent which confers a right of appeal against a judgment and also much wider than the language of order 43, rule 1 of the civil procedure code which provides for .....

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Jun 19 2001 (HC)

Nareshkumar Manilal Parmar Vs. Ongc Ltd. and anr.

Court : Gujarat

Decided on : Jun-19-2001

Reported in : [2001(90)FLR528]; (2001)IILLJ919Guj

..... before division bench comprising hon'ble the chief justice, d.m.-dharmadikari and p.b. majmudar, j. on may 3, 2001, and following common order was passed in the letters patent appeal as well as civil application no. 5362 of 2001 :'issue notice returnable on january 19, 2001. learned counsel appearing for therespondents appears on caveat and waivesservice of notice of ..... orderj.m. panchal, j.1. by filing this appeal under clause 15 of the letters patent, the appellants have challenged legality of judgment dated april 24, 2001 rendered by the learned single judge in special civil application no. 9381 of 2000 as well as in civil .....

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Jun 29 2001 (HC)

Bhupendrakumar Kantilal Soni Vs. State of Gujarat

Court : Gujarat

Decided on : Jun-29-2001

Reported in : (2002)4GLR3546

..... eyes and ears to the controversy which had schocked the lawyer fraternity in the region. for the reasons best known to it, the high court became wholly oblivious to the patent facts on the record and failed to perform the duty entrusted to it under the constitution. after giving our thoughtful consideration to the facts and circumstances of this case, we .....

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Aug 09 2001 (HC)

insafi Kamdar Mandal Vs. Asst. Commissioner of Labour and Conciliation ...

Court : Gujarat

Decided on : Aug-09-2001

Reported in : (2002)1GLR740

..... taken any extraneous material into consideration in making the impugned order, whether it has decided the lis between the parties and whether the dispute is patently frivolous and opposed to the provisions of the act as also inconsistent with the agreement between the parties. the answer to the first two ..... court has, in saurashtra employees union v. sub-divisional officer, 2000 (2) glr 1259, taken the view mat in case the claim made is patently frivolous or is clearly belated, the appropriate government may refuse to make a reference.8.2 as observed by the supreme court in telco convoy drivers ..... be referred. a prima facie examination of the merits of the dispute is not impermissible and in case the dispute is found to be patently frivolous or clearly belated or if its reference is inexpedient on consideration of other relevant and material facts, the government may refuse to make ..... and for the exercise of such discretion even prima facie examination of the merits of the dispute cannot be excluded. if the claim made is patently frivolous or clearly belated the government may refuse to make a reference.the judgment of the apex court in secretary, indian tea association v. ..... and executed to end all the disputes. it was, therefore, submitted that the so-called industrial dispute raised by the petitioner-union was a patently frivolous dispute, the reference or entertainment of which was legally refused in exercise of the discretion vested in the government under the express provisions of .....

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Nov 06 2001 (HC)

V.K. Mansuri and ors. Vs. O.N.G.C. Ltd. and ors.

Court : Gujarat

Decided on : Nov-06-2001

Reported in : (2002)IILLJ481Guj

..... we refrain from deciding the appeal on merits at the request of mr. a.k. clerk, learned advocate for the appellants and dispose of this letters patent appeal in following terms:(a) the appellant will be at liberty, to approach the competent authority for a reference to a labour court for the industrial ..... on issue of notification under section 10(1) of the said act. in that view of the matter, the petition as well as the letters patent appeal would fail against the first respondent. in above view of the matter, it would not be desirable for this court, sitting as a court ..... respondent without following due process of law, then proper remedy would be available to the appellants also with which we are not concerned in this letters patent appeal.11. it is also required to be considered that even on issue of the aforesaid notification under section 10(1) of the said act, ..... 16 of the special civil application referred to above may be granted in favour of the appellants with costs all throughout.3. on submission of the letters patent appeal, notice was ordered to be issued. mr. r.h. mehta, learned advocate appears on behalf of respondent no. 1. none appears for respondent ..... 2. feeling aggrieved by the said judgment and order of the learned single judge, the appellants have preferred this letters patent appeal before this court under clause 15 of the letters patent. here it has been mainly contended that the learned single judge has committed serious error in not properly appreciating the .....

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