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Judgment Search Results Home > Cases Phrase: patents Court: gujarat Year: 2005 Page 1 of about 70 results (0.007 seconds)

Jan 17 2005 (HC)

State of Gujarat Thro Secretary Education Deptt. Vs. Somabhai Mathurbh ...

Court : Gujarat

Decided on : Jan-17-2005

Reported in : [2005(106)FLR332]; (2005)2GLR1105; (2005)IIILLJ453Guj

..... in our opinion, it is of no avail to the petitioner for the simple reason that the factual profile in the present group of two letters patent appeals are quite different. in the present case, firstly, the writ petition is not filed for a long spell of 9 years. it will be ..... % backwages should follow award regardless of other special circumstances. this proposal is so vehemently urged before us by learned advocate mr. pandya in the second letters patent appeal, which cannot be accepted. in fact, there are hosts of judicial pronouncements and as propounded by case-law, the discretionary-power exercised, ordinarily should ..... services came to be terminated, which is rightly found to be not legal and valid by the learned single judge.4. upon consideration of the letters patent appeal, at the instance of the respondent-state, we find that there is no substance and, therefore, it deserves to be rejected at the admission stage ..... . again, a letters patent appeal no. 2645 of 2004 initiated at the instance of the original petitioner for a limited prayer of enhancement of the quantum of backwages, is ..... 04, at the instance of original petitioner, is also required to be dismissed at the threshold.5. in the result, both the letters patents shall stand dismissed at the admission stage. no order on civil application.6. before parting, learned advocate mr. pandya submits that the 50% .....

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Jul 14 2005 (HC)

Bazley Finvest Limited

Court : Gujarat

Decided on : Jul-14-2005

Reported in : [2005]64SCL480(Guj)

..... and all properties movable or immovable, real, corporeal or incorporeal in possession or reversion, present or contingent of whatsoever nature and whatsoever situated including in particular all licenses and liberties, patents, trade marks, ... rights and benefits of all agreements and other interest including rights and benefits under various schemes of different taxation laws as may belong to or be available to .....

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Jan 28 2005 (HC)

Employees State Insurance Scheme Vs. Damjibhai Chakubhai Patel

Court : Gujarat

Decided on : Jan-28-2005

Reported in : (2005)1GLR603

..... discrimination amongst other 5 doctors and the government has exempted certain persons from appearing in gpsc examination, the said contention has been raised for the first time in the letters patent appeal. however, he submitted that dr. bharat kumar j.gandhi, neella m.trivedi, jyotindra v.bhatt, jaimini j.trivedi and mallika s.shah, all the petitioners have originally ..... identical. though all the five persons were similarly situated, they were given appointment, whereas respondent has not been given appointment. though the said affidavit has been produced in the letters patent appeal in january 2002, the state has not filed any reply, controverting this point and, therefore, this court may say that, even in any view of the matter, the ..... judge has mainly exercised his jurisdiction under article 226 of the constitution of india. in that view of the matter, we have no hesitation in holding that all these letters patent appeals were maintainable. hence, preliminary objections raised by learned counsel shri pathak is rejected about the maintainability of these appeals.'this court's findings on preliminary point:-8. we ..... final order the single judge has given ancillary directions which may pertain to article 227.'learned agp mr.hasurkar's reply to the preliminary contention regarding maintainability of the letters patent appeal:-6. mr. hasurkar, learned agp stated that in this case, though the state government had challenged the order of tribunal, the real test is whether the learned .....

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Mar 10 2005 (HC)

Gujarat Housing Board Vs. Meenakshiben Bhanushankar Bhatt

Court : Gujarat

Decided on : Mar-10-2005

Reported in : [2005(105)FLR1012]

..... examined the said decision and the submission about the tenability of the letters patent appeal against the order of the learned single judge. we have, also, considered the factum that the petition was filed by invocation of the provisions of articles 226 and 227 ..... advocate for the respondent, has not only supported the judgment of the learned single judge and the award under challenge, but, also, repeatedly emphasised, the non-maintainability of the letters patent appeal, placing reliance on a decision rendered in the case of 'kanhaiyalal agrawal and ors. v. factory manager, gwaliar sugar company ltd., air 2000 sc 3645'. we have, dispassionately, ..... for 29 days in a month on accepting the recommendations of the officer of the concerned branch. the appointment order is placed on record in this compilation of the letters patent appeal, (at page 56). (iv) it appears that, the respondent-employee continued to work for a fixed term of 29 days. the appellant-board terminated or discharged the respondent- ..... which is in focus and which we have, manifestly, articulated in the beginning of this judgment, the following factual profile has emerged, unquestionably, from the record of the present letters patent appeal:(i) the respondent had applied for the post of junior clerk-cum-gujarati typist. since there was no such post in existence, at the relevant time, the employer-board .....

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Jan 11 2005 (HC)

Abdul Karim Haji Zaveri Vs. District Magistrate (Receiver of Wreck)

Court : Gujarat

Decided on : Jan-11-2005

Reported in : 2005CriLJ1651

..... learned single judge that, that application was permitted to be withdrawn so as to enable the appellant to initiate the contempt proceedings before the division bench which had decided letters patent appeal no. 386 of 2003. however, the appellant has not produced a copy of the said order in mca no. 1190 of 2003 and the learned single judge has in ..... above petition came to be dismissed by the learned single judge on the ground that the petition suffered from gross delay of ten years. the division bench also dismissed letters patent appeal no. 386 of 2003 on the same ground and also gave certain additional reasons including involvement of highly disputed questions of fact in a petition under article 226 of ..... special civil application no. 11207 of 2002. the appeal purports to be under section 341 of the code of criminal procedure, 1973 and also under clause 15 of the letters patent.2. a dispute had arisen between the appellant and the respondent regarding the ownership of the wreckage of ship which was wrecked off porbandar coast in indian territorial waters in ..... from the non-maintainability of the present appeal under section 341 of cr pc, 1973, the appeal is also not maintainable under clause 15 of the letters patent as clause 15 of the letters patent clearly bars an appeal against an order by one judge of the high court made in exercise of the criminal jurisdiction.14. the appeal is, accordingly, dismissed .....

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Jul 05 2005 (HC)

Mohanbhai Ramjibhai Keratra Vs. Surendranagar District Panchayat

Court : Gujarat

Decided on : Jul-05-2005

Reported in : [2005(107)FLR792]; (2005)2GLR1789

..... , submitted that if the learned single judge has interfered in the matter, then, the court should not interfere in the appeal.5. from the annexure-a appended to the letters patent appeal, a document, which is said to have been issued by the executive engineer, panchayat department, surendranagar, it would clearly appear that the petitioner - mohan ramjibhai and one rupaben melabhai ..... . the same came to be allowed by the learned single judge on 18th august, 1999, therefore, the aggrieved labour/workman is before this court under clause-15 of the letters patent.3. learned counsel for the appellant vehemently submitted that the learned single judge committed factual, so also legal, error in not appreciating the provisions of section--25(g) of the ..... came to this court in special civil application no. 6436 of 1996, which was dismissed on 30th july, 1997. being aggrieved by the said judgment, the present appellant preferred letters patent appeal no. 1419 of 1997. the division bench of this court, in its judgement, observed that there were no violations of the provisions of section-25(f) of the act .....

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Apr 15 2005 (HC)

Gujarat Water Resources Development Corporation Ltd. Vs. Gujarat Jal S ...

Court : Gujarat

Decided on : Apr-15-2005

Reported in : (2005)3GLR2515

..... beyond its jurisdiction, refusal to exercise jurisdiction, error of law apparent on record as distinguished from a mere mistake of law, arbitrary or capricious exercise of authority or discretion, a patent error in procedure, arriving at a finding which is perverse or based on no material, or resulting in manifest injustice. as regards finding of fact of the inferior court, the ..... two voices and has given inconsistent and conflicting findings, or where the findings are vitiated by error of law or where the conclusions reached by the courts below are so patently opposed to the well-established principles as to amount to miscarriage of justice or where the finding is not supported by any legal evidence and is wholly inconsistent with the .....

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Oct 11 2005 (HC)

Essar Steel Ltd. and ors. Vs. Union of India (Uoi), Through Secretary ...

Court : Gujarat

Decided on : Oct-11-2005

Reported in : 2004(176)ELT64(Guj); (2006)1GLR436

..... order directing for continuance of the supply of gas subject to giving bank guarantee for arrears of transport charges amounting to rs. 120 crores. the petitioner has thereafter filed letters patent appeal no. 1225/2004 before this court which came to be dismissed. against the said decision the petitioner had approached hon'ble supreme court by way of filing civil appeal ..... of demanding the ex-hbj price/hbj transportation charge beyond the prescribed rate as stipulated in the pricing order issued by the government of india from time to time is patently irrational and unauthorized. he submitted that gail, as a marketing agent of the government, cannot recover the higher price than the price fixed by the pricing order either in the ..... justified. he submitted that the said contention of diversion of 0.35 mmscmd and ad hoc supplies to the petitioner company from and at the cost of hbj consumers is patently disbelievable and is even otherwise is false and contrary to the documents on record.4.22 mr. nanavati contended that gail has sought to approbate and reprobate before this court ..... the respondent nos. 3 to 5 of withholding and denying the benefit of 15% discount as available under the said price order as well as the contracts in question is patently illegal and arbitrary. the respondent no. 3 gail being a government of india undertaking is bound to honour the declarations of pricing policies as issued from time to time by .....

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Oct 26 2005 (HC)

Hindustan Times Ltd. Vs. Ashok Vyas

Court : Gujarat

Decided on : Oct-26-2005

Reported in : (2006)2GLR1213

..... . in the aforesaid decision, the apex court, in paras 2 & 3, has observed thus:-2. the plaintiff-respondents herein filed a suit with leave under clause xii of the letters patent before the high court of calcutta on its original side for recovery of rs. 87,20,000 from the defendant-appellant herein. in the said suit, the plaintiff-respondents moved ..... statement that he made mistakenly before us.3. by consent of the party-in-person, who is present, we recall the order dated 6th october, 2003 and direct the letters patent appeal no. 622 of 2003 to be restored to file. the appeal may now be placed for hearing before the appropriate court. rule is made absolute accordingly with costs, quantified ..... that, if the order of dismissal dated 31st january 1996 made against him is revoked, he is prepared to withdraw the pending suit and other proceedings including the present letters patent appeal. the party-in-person clearly states that he undertakes to withdraw the civil suit within one week from the receipt of the order of revocation of his dismissal, failing ..... aforesaid suit being regular civil suit no. 65/1996 as early as possible and not latter than 31st december, 2004. 5. it is on record that while dealing with letters patent appeal no. 622/2003 in civil application no. 8220/2002, the division bench of this court (coram: r.k. abichandani & k.m. mehta, jj), passed one order on 06.10 .....

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Apr 27 2005 (HC)

Telecom District Manager Valsad Dist. Vs. Namlabhai Ranchhodbhai Patel

Court : Gujarat

Decided on : Apr-27-2005

Reported in : (2006)1GLR162

..... of india, the high court could not have set aside any finding reached by the lower authorities where two views were possible and unless those findings were found to be patently bad and suffering from clear errors of law.' in case of chandrakant harilal rakholiya (supra), in para 15 it is held that 'unless and until it is successfully pointed out ..... to interfere with the findings of fact.'4. needless to record that there is total unanimity of judicial precedents on the score that error must be that of law and patently on record committed by the interior tribunal so as to warrant intervention - it ought not to act as a court of appeal and there is no dissension or even a .....

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