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Judgment Search Results Home > Cases Phrase: patents Court: gujarat Year: 2007 Page 1 of about 42 results (0.032 seconds)

Jun 18 2007 (HC)

Dilipbhai Maneklal Vyas Vs. Torrent Power A.E.C. Co.

Court : Gujarat

Decided on : Jun-18-2007

Reported in : (2007)3GLR2186; (2008)ILLJ512Guj

..... , while delivering the decision under challenge, has exercised power of superintendence under article 227 of the constitution of india. therefore, in light of clause 15 of the letters patent, the letters patent appeal is not maintainable. according to mr. trivedi, the appellant in the said petition, challenged the order dated 14-2-2003 passed by the industrial court (gujarat), ..... thereof on the maintainability of intra-court appeal, has carved out the following principles, which are required to be applied while considering the question about maintainability of letters patent appeal against the judgment of the single judge in a petition under articles 226 and/or 227 of the constitution of india:(i) whether the petitioner has invoked jurisdiction ..... court in its decision in lokmat newspapers (p) ltd. v. shankar prasad air 1999 sc 2433 stated that if a single judge exercises jurisdiction under article 226, letters patent appeal would be maintainable, but if the jurisdiction is exercised under article 227 it will not be maintainable. but with an explanation that if the single judge of the high ..... for the appellant makes his submission, mr. k.b. trivedi, learned senior counsel appearing for the respondent has raised a preliminary objection against the maintainability of the letters patent appeal filed by the appellant. the preliminary objection was to the effect that the learned single judge, while deciding the petition, has exercised supervisory jurisdiction vested under article 227 .....

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Jul 03 2007 (HC)

Subhashbhai Bhanabhai Patel and 3 ors. Vs. State of Gujarat and 2 ors.

Court : Gujarat

Decided on : Jul-03-2007

Reported in : [2008(116)FLR957]; (2007)3GLR2588; (2008)ILLJ1025Guj

..... , except the one reached by the learned single judge, which, according to us, does not call for interference in this appeal which is filed under clause 15 of the letters patent. therefore, the impugned order passed by the learned single judge requires our confirmation.21. seen in the above context, this intra-court appeal lacks merit and deserves to be dismissed ..... concern. the appellants have misrepresented before the learned single judge at the time of filing of the petition and before this court as well at the time of filing letters patent appeal. the appellants are, therefore, not entitled to the discretionary relief in a petition filed under article 226/227 of the constitution of india.20. we find ourselves in complete ..... at the admission stage without issuing notice to the other side with no order as to costs, giving rise to instant intra-court appeal under clause 15 of the letters patent at the instance of the original petitioners.3. mr. utpal panchal, learned advocate of the appellants, has mainly raised the following four contentions:(i) ril is a public utility service ..... a.m. kapadia, j.1. challenge in the instant intra-court appeal under clause 15 of the letters patent is to the judgment and order dated 26.12.2003 rendered in special civil application no. 17984 of 2003 by the learned single judge of this court by which the .....

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Jun 18 2007 (HC)

Mill Mazdoor Sabha Vs. Rushbh Precision Bearing Ltd. and ors.

Court : Gujarat

Decided on : Jun-18-2007

Reported in : (2007)3GLR2654; (2008)IILLJ201Guj

..... while delivering the decision under challenge, has exercised power of superintendence under article 227 of the constitution of india. therefore, in light of clause 15 of the letters patent, the letters patent appeal is not maintainable. according to mr. nanavati, the present respondent who is petitioner in the petition has challenged the award dated 30-8-2002 in reference (i ..... that the action of the learned single judge is unjustified and it calls for an interference of this court while exercising its appellate jurisdiction under clause 15 of the letters patent. we, therefore, do not see any justification even on merits in the present appeal. considering the legal submissions and authorities referred to herein above we are of ..... even on merits also, the appellant does not have any case which calls for any interference by this court while exercising its appellate powers under clause 15 of the letters patent, and therefore, the appeal deserves to be summarily dismissed.21. after having heard learned counsels appearing for the respective parties at length on both the questions, namely, ..... appearing for the appellant makes his submission, mr. k.s. nanavati, learned senior counsel appearing for the respondent has raised a preliminary objection against the maintainability of the letters patent appeal filed by the appellant. the preliminary objection was to the effect that the learned single judge, while deciding the petition, has exercised supervisory jurisdiction vested under article 227 .....

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Apr 03 2007 (HC)

Manubhai Chhaganbhai Thakore Vs. Union Bank of India and 2 ors.

Court : Gujarat

Decided on : Apr-03-2007

Reported in : (2007)3GLR2629; (2008)IILLJ226Guj

..... regional office, union bank of india, ahmedabad pursuant to the representation made by the appellant. 11. as far as the issue involved in the letters patent appeal is concerned, the appellant has filed the petition before the learned single judge of this court challenging the action of relieving the petitioner from service ..... withdraw such resignation. he has, therefore, submitted that no interference is called for while exercising appellate power under clause-15 of the letters patent and hence the letters patent appeal as well as civil application moved by the appellant deserves to be dismissed and/or rejected. 10. we have heard mr. shalin ..... passed by an authority of the bank who was not even joined as a party respondent either in the writ petition or in the letters patent appeal. he has further submitted that the impugned order runs in the teeth of the oral order dated 1.5.2006 passed by this court ..... ahmedabad, who has passed the impugned order dated 27.2.2007. this general manager was neither a party to the petition nor to the letters patent appeal. he has further submitted that on 11.1.2007, a quarterly meeting by the bank officials with the representatives of the all india union ..... his resignation was voidable at his option under section 19a of the indian contract act. 8. irrespective of the aforesaid submissions in the main letters patent appeal, mr.shalin mehta has submitted that in pursuance of the order dated 1.5.2006 passed by this court the appellant has made a .....

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Jul 06 2007 (HC)

Navjagrut Labour Union and anr. Vs. Ahmedabad Electricity Co. Ltd. and ...

Court : Gujarat

Decided on : Jul-06-2007

Reported in : [2007(115)FLR600]; (2008)IILLJ175Guj

..... submitted that neither on facts nor in law, the applicant union is entitled to be joined as a party - respondent in the pending letters patent appeal. he has, therefore, submitted that the application must be rejected with cost.30. after having heard learned advocates appearing for the respective parties ..... passed. he has, therefore, submitted that the applicant union cannot be permitted to be impleaded as a party -respondent in the letters patent appeal proceedings in view of the division bench judgment of this court since the applicant union is not a representative union under the bir ..... proceedings or remedies which might have been instituted, continued or enforced shall not be affected by the repeal. the pending proceedings like the present letters patent appeal will, therefore, be governed by the provisions contained in the bir act and not under the provisions of the industrial disputes act, 1947 ..... , 1992 till march 31, 2009. it has also been specifically stipulated in the said settlement that the pending matters including the present letters patent appeal have been mutually agreed to be discussed between the parties for expeditious resolution. the opponent no. 1 company and the opponent no. ..... who was duly authorised by 106 employees, has filed this application seeking permission of this court to be joined as respondent no. 3 in letters patent appeal no. 1164/1998 and also in special civil application no. 8030/1997.2. the application was opposed by the opponent no. 1 - original .....

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Oct 30 2007 (HC)

Chanasma-patan Taluka Gram Vikas Higher Education Trust Vs. Hemchandra ...

Court : Gujarat

Decided on : Oct-30-2007

Reported in : 2008GLH(1)15; (2008)1GLR429

..... anjuman education trust v. state of gujarat, the following order came to be made:3. it is also necessary to record that in a second set of proceedings being letters patent appeal no. 1279 of 2006 in the case of shivshakti education charitable trust v. state of gujarat the same division bench vide order dated 10.10.2006 came to the ..... on order dated 21.09.2007 made by division bench in letters patent appeal no. 1870 of 2007 in case of navjiban educational charitable trust - dhanera v. the state of gujarat and ors. it was submitted that in light of the aforesaid decisions ..... decision in case of state of maharashtra v. sant dnyaneshwar shikshan shastra mahavidyalaya and ors. : (2006)9scc1 as well as order made by division bench of this court in letters patent appeal no. 1077 of 2006 on 12.09.2006 in case of gujarat university v. vadodara jilla sarvodaya seva mandal sanchalit late monghiba and ors. reliance has also been placed .....

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Aug 03 2007 (HC)

State of Gujarat Vs. Ramkrushna Gopal Soni and ors.

Court : Gujarat

Decided on : Aug-03-2007

Reported in : [2008(116)FLR330]; (2008)1GLR436; (2008)ILLJ608Guj

..... that the order passed by the appellate authority, requiring the state to make payment of gratuity to the workman or to extend grant in favour of the respondent-trust, is patently illegal, the said order cannot be allowed to stand, it deserves to, and is accordingly, quashed.16. it is also to be seen that against the liability fixed upon the ..... party before the controlling authority, without seeking any permission from the appellate authority, it joined the director as a party respondent. addition of such party before the appellate authority is patently illegal and speaks bad against such appellant, who with an ulterior motive joins the state government as a party respondent.9. the payment of gratuity act, 1972 (xxxix of 1972 ..... party-respondent at the instance of a person, who had lost before the controlling authority. his further submission is that joinder of the state government/director, social security department was patently illegal. according to him, if the dispute was between the workman and the employer and even if the employees' salaries were sanctioned or granted by the state government, then too .....

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Jan 08 2007 (HC)

Swastik Industries Pvt. Ltd. Vs. State of Gujarat and 2 ors.

Court : Gujarat

Decided on : Jan-08-2007

Reported in : (2007)2GLR2180(GJ)

..... regulation act, came to the civil court on the ground that the order dtd.14/3/1986 and order dtd.30/5/1986 (exh. nos.37 and 35, respectively) were patently illegal and without jurisdiction. the trial court entertained the suit and required the state government to file its written statement. the state government appeared, filed its written statement and submitted ..... entertain and decide the matter.10. so far as the question of validity of the order dtd.14/3/1986 is concerned, the order passed by the civil court is patently illegal. if the trial court was of the opinion that the application filed under rule 117 for change of the management had to be decided in accordance with law, then .....

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Aug 23 2007 (HC)

Baba Ramdev Pasti Bhandar Thropartners Vs. Gabhabhai Amarabhai Parmar

Court : Gujarat

Decided on : Aug-23-2007

Reported in : [2008(117)FLR815]; (2008)1GLR530

..... the court below was required to see that to what amount, the claimant was entitled.13. the findings recorded by the learned court below are patently illegal and perverse. in my jurisdiction under article 227 of the constitution, i must hold that the findings recorded by the learned court below are ..... no rebuttal evidence was produced by the employer. 10. the observations made by the learned court below, in the considered opinion of this court are patently illegal. exh.7.5 is not an identity card issued by the employer. it appears that the court below got little confused in not appreciating ..... read something which is not available on the records or has refused to read something which is available on the records or the findings are patently absurd and illegal and no prudent man who has some knowledge of law can record such finding.8. as shri shah has submitted that ..... was entitled to encashment of the weekly holidays, overtime and annual privileged leave, medical leave, festival holidays and bonus. he submitted that the award being patently illegal, deserves to be quashed.6. shri m.s. trivedi, learned counsel for the respondent-workman, on the other hand, submitted that the court ..... interest and cost of rs. 2500/-, is before this court under article 227 of the constitution of india,with a submission that the award is patently bad. 3. the short facts necessary for disposal of the present matter are that the respondent gabhabhai amarbhai parmar filed a recovery application under section 33c .....

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May 01 2007 (HC)

Ravjibhai Prabhudas Patel Vs. Additional Collector and Competent Autho ...

Court : Gujarat

Decided on : May-01-2007

Reported in : (2007)2GLR1690

..... high court is required to strike upon it with the sword of its authority.12. the order dated 5-4-1988 runs contrary to the canons of justice and is patently illegal and bad. it is passed by the authority which had no jurisdiction to pass such order. when a provision of law or statute provides for an appellate forum and .....

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