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Judgment Search Results Home > Cases Phrase: patents Court: guwahati Year: 2004 Page 1 of about 26 results (0.013 seconds)

May 21 2004 (HC)

MalIn Kanta Paul Vs. State of Tripura

Court : Guwahati

Decided on : May-21-2004

..... would have been upturned and the writ petition dismissed. but on account of some inexplicable reason, which is difficult to appreciat, the life insurance corporation did not press the letters patent appeal and the result was that the judgment of the learned single judge granting writ of mandamus became final and binding on the parties. it is difficult to see how ..... successfully contended in the letters patent appeal that, since the settlement, in so far as it provided for payment of annual cash bonus, was annihilated by the impugned act with effect from april 1, 1975, class - ..... in obedience to the writ of mandamus. the error committed by the life insurance corporation was that it withdrew the letters patents appeal and allowed the judgment of the learned single judge to become final. by the time the letters patents appeal came up for hearing, the impugned act had already come into force and the life insurance corporation could, therefore, have .....

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Jan 21 2004 (HC)

Pinku Trading Corpn. and anr. Vs. Bank of Baroda and ors.

Court : Guwahati

Decided on : Jan-21-2004

..... delivered the apex court knew about the provisions of section 100a of the amendment act and hence, by implication it may be held that pending letters patent appeals are not disturbed by the amending act. we are unable to agree with the above submission as there can not be any implied decision. ..... pending appeals were required to be saved in view of the proposed amendment to do away with such appeal. however, so far the appeal under letters patent is concerned, this being a substantive right no saving clause was provided as the provisions were meant to be prospective and not retrospective. 14. during the ..... act provides otherwise.' 8. in the light of the above settled proposition of law, let us first examine whether the right to file a letters patent appeal is a substantive right or it is a mere procedure/ in-house right of appeal. the above question was considered by the apex court in ..... 100a as substituted by the above referred amendment acts reads as follows : '100a. no further appeal in certain cases. - notwithstanding anything contained in any letters patent for any high court or in any other instrument having the force of law or in any other law for the time being in force, where any ..... on behalf of the respondents that in view of the amended provisions of law contained in section 100a of the code of civil procedure, these letters patent appeals are not maintainable, 2. we have heard the learned counsel for both sides and the question raised is disposed of by this common order. .....

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Mar 23 2004 (HC)

Tuniram Katoni and ors. Vs. Golap Chandra Katoni

Court : Guwahati

Decided on : Mar-23-2004

..... say that in a matter like the one at hand civil court's jurisdiction would not be barred in the following cases :(1) when the order under rule 18 is patently illegal or without jurisdiction;(2) where the remedy provided by the regulation to adjudge the objection raised is not sufficient;(3) where complicated questions relating to title are involved; or .....

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Dec 23 2004 (HC)

Basanta Saikia Vs. Assistant Labour Commissioner and ors.

Court : Guwahati

Decided on : Dec-23-2004

..... is plainly without authority and the order dated 13.5.2002 of the appellate bench having nullified the procedure prescribed by the industrial disputes act, the said order discloses a patent error which would require correction in exercise of the power of review. lastly, it has been submitted by mr. mahanta, learned counsel, that the petitioner has been prejudiced by the .....

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Mar 10 2004 (HC)

Rathi and Co. and Ramesh and Co. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : Mar-10-2004

..... a matter for consideration and the decision of the commissioner. it was further held that the writ court would be reluctant to interfere in such matter unless there is a patent error of law or error apparent on the face of the record. the last case relied by mr. bhuyan, learned standing counsel, income-tax department, i.e., one-up shares .....

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Jun 22 2004 (HC)

Prasanna Dutta Vs. State of Assam and ors.

Court : Guwahati

Decided on : Jun-22-2004

..... government merely because it feels that another policy decision would have been fairer or wiser or more scientific or logical. the court can interfere only if the policy decision is patently arbitrary, discriminatory or mala fide. it is against the background of these observations and keeping them in mind that we must now proceed to deal with the contention of the .....

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May 18 2004 (HC)

Dharmpal Satyapal Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : May-18-2004

..... to grant stay on the ground that 'the petitioner has not collected any additional tax from the customers and is unable to deposit the amount of additional demand created by patently illegal order'. the respondent company nowhere mentioned to or referred to its inability to pay the amount on account of its alleged financial difficulties or incapacity to make the requisite ..... the goods were directed to be released on the bank guarantee being furnished. an appeal was preferred by the assistant collector of central excise under clause 10 of the letters patent and a division bench of the calcutta high court confirmed the order of the learned single judge, but made a slight modification in that the collector of central excise was .....

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Jan 31 2004 (HC)

State of Nagaland and anr. Vs. Uco Bank and ors.

Court : Guwahati

Decided on : Jan-31-2004

..... supreme court further observed that there may be cases where the error, irregularity or illegality touching jurisdiction or procedure by an inferior court or tribunal of first instance is so patent, and loudly obtrusive that it leaves on its decision an indelible stamp of infirmity or vice which cannot be obliterated or cured on appeal or revision. in a.v. venkataneswaran .....

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Dec 02 2004 (HC)

Eastern Enterprises and anr. Vs. State of Assam and ors.

Court : Guwahati

Decided on : Dec-02-2004

..... not available for review of the orders of the appellate authority. on maintainability of the writ petitions, dr. saraf argued that the show cause notice dated june 22, 2004 is patently without jurisdiction and, therefore, the writ is maintainable.10. let us at the beginning look at the two judgments of the honourable supreme court delivered in 1977 and 1985. in .....

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Aug 25 2004 (HC)

Smt. Jaswant Kaur Sehgal and ors. Vs. Commissioner of Income-tax and o ...

Court : Guwahati

Decided on : Aug-25-2004

..... on the notice, learned senior counsel contended further that no reason for the notice having been recorded before the same was issued to the appellants, the impugned action was in patent violation of section 148(2) of the act rendering the impugned notice, per se, null and void. according to him, the notice is also vague and unintelligible, as the same .....

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