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Judgment Search Results Home > Cases Phrase: patents Court: himachal pradesh Page 1 of about 280 results (0.010 seconds)

Aug 03 2006 (HC)

Dhanpat Seth and ors. Vs. Nil Kamal Plastic Crates Ltd.

Court : Himachal Pradesh

Reported in : 2006(33)PTC339(NULL)

..... the plaintiffs/petitioner is accepted, that would mean that every patentee will get injunction from the court just on filing a suit claiming therein that his product is patented and the patent has not been revoked. in other words, the court would be acting just like a rubber stamp and granting relief without application of mind.16. the above ..... if the patentee exercises his exclusive right to prevent them from doing so.17. learned counsel for the plaintiffs/petitioners made one more submission. according to him, once a patent is registered, the patentee, complaining of infringement by filing a suit for permanent prohibitory injunction, should normally be granted a temporary injunction. in support of this submission he placed ..... means adapted to be adjusted to accommodate individuals of different heights and body structure.3. according to the plaintiffs/petitioners, in the year 2005 the defendant/respondent infringed the patent by producing similar device/item and supplied it to the department of horticulture, government of himachal pradesh and some private parties. the plaintiffs/petitioners have sued the defendant/ ..... relevant for the disposal of this petition, may be noticed. the plaintiff/petitioners have filed a suit seeking grant of permanent prohibitory injunction restraining the defendant/respondent from infringing patent no. 195917, in respect of a device of manually hauling of agriculture produce, granted in their favour on 11.7.2005. it is alleged that the invention was .....

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Sep 20 2007 (HC)

Dhanpat Seth and ors. Vs. Nil Kamal Plastic Crates Ltd.

Court : Himachal Pradesh

Reported in : AIR2008HP23,LC2008(2)370,2008(36)PTC938,2007(3)ShimLC324

..... invention or an 'inventive step'. to be patentable the improvement or the combination must produce a new result or a new article or a better or cheaper article than before. the combination of old known integers may be ..... industries : [1979]2scr757 , while dealing with the meaning of the words 'inventive step' held as follows:21. it is important to bear in mind that in order to be patentable an improvement on something known before or a combination of different matters already known, should be something more than a mere workshop improvement; and must independently satisfy the test of ..... application for grant of interim relief seeking temporary injunction restraining the defendant from manufacturing or selling its version of the kilta or committing any acts which may infringe in the patent granted to the plaintiffs. this application was contested by the defendant and the learned single judge by a well reasoned order dismissed the application for grant of interim relief, ..... p. and other private parties. the plaintiffs consequently filed a suit praying for a decree for grant of permanent prohibitory injunction in their favour restraining the defendant from infringing the patent no. 195917 and also for a decree of mandatory injunction virtually in the same terms. the plaintiffs also prayed that the defendant be directed to pay them rs. 51 .....

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Apr 10 2009 (HC)

Vijay Devi Vs. Navendra Singh Katoch and ors.

Court : Himachal Pradesh

Reported in : 2009(2)ShimLC316

..... court drew a distinction between the definition of decree and judgement as occurring in code of civil procedure and the term judgement as used in the letters patents. in respect of a final judgement the apex court clearly held that a judgement which decides all the questions or issues so far as the trial judge ..... or decreed in part or in full. such an order passed by the trial judge indisputably and unquestionably is a judgement within the meaning of the letters patent and even amounts to a decree so that an appeal would lie from such a judgement to a division bench.22. it is clear that the apex ..... passed by a trial judge would amount to a judgement; otherwise there will be no end to the number of orders which would be appealable under the letters patent. it seems to us that the word 'judgement' has undoubtedly a concept of finality in a broader and not a narrower sense. in other words, a ..... ' within the meaning of clause 10 of the letters patent, we feel that regard should be had not to the form of the adjudication but to its effect upon the suit or the civil proceeding in which it ..... begum aftab zamani v. lal chand khanna air 1969 delhi 85 , while dealing with the scope of the word 'judgement' occurring in clause 10 of the letters patent and section 10 of the delhi high court act, held as follows:4. xxxx...xxx... in order to decide whether an adjudication should be treated as a 'judgement .....

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Sep 11 1989 (HC)

State of Himachal Pradesh and ors. Vs. Dumna Ram and anr.

Court : Himachal Pradesh

Reported in : I(1990)ACC659,1990ACJ608

..... /- per crop and so annually, it would be around rs. 3,000/- to rs. 4,000/- (two crops a year). it is normal that the deceased was young and his patents were in advanced stage of life; so he would be looking after the main agricultural opciations. the value of his contributions to the agriculture can thus be more than others .....

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Oct 07 2009 (HC)

Commissioner of Income Tax Vs. Maggronic Devices Pvt. Ltd.

Court : Himachal Pradesh

Reported in : (2010)228CTR(HP)241

..... the agreement, the foreign company agreed to sell to the indian company its trade secrets relating to the products and relating to the manufacturing technique including the right to use patent rights etc. the second part of the agreement related to the rendering of technical assistance and training of personnel. after considering the entire law on the subject, the calcutta high ..... plant know how and the other part consisted of product know how. the plant know how was defined in clause 1(a) of the agreement and included all inventions, processes, patents, engineering and manufacturing skills about plant and machinery and other technical information for manufacture of the product. this plant was transferred for a consideration of 15 million yen to be ..... payable by a resident is taxable.6. the contention of sh. vinay kuthiala is that what the asseesse purchased was the right to utilize the rights in respect of a patent, invention, model owned by the foreign firm for which the assesse was liable to make payment and this is royalty within the meaning of section 9(1)(vi) of the ..... )(vi) which has widened the scope of royalty and reads as follows:(i) the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property;(ii) the imparting of any information concerning the working of, or the use of, a .....

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Mar 25 2004 (HC)

Kala Vs. Amrit Kumar and ors.

Court : Himachal Pradesh

Reported in : 2005ACJ427

..... ) corporeal personal property, which includes movable and tangible things such as animals, furniture, merchandise, etc. and (2) incorporeal personal property which consists of such rights as personal amenities, stocks, shares, patents and copy rights.19. considering the inclusive nature of the definition of the word 'property' (quoted above) a wider meaning has to be given to the term, that is, property .....

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May 19 1977 (HC)

L.D. Khanna and ors. Vs. Chohan Huhtamaki (India) Pvt. Ltd.

Court : Himachal Pradesh

Reported in : 1977CriLJ1530

..... . it was pointed out that against an order punishing for contempt in the inherent powers of the high court there was no specific provision for an appeal in the letters patent of the high courts. an appeal in contempt cases from the decision of a high court lay only in special cases to the judicial committee. the position remained unaltered on ..... a rule of statutory construction as old as heydon's case, (1584) a co rep 7a and it was re-affirmed in -- 'eastman photographic material co. v. comptroller general of patents, designs and trade marks 1898 ac 571 where the earl of halsubry said :it appears to me that to construe the statute in question, it is not only legitimate but .....

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Mar 28 2005 (HC)

Partap Singh Vs. Smt. Satya Devi and anr.

Court : Himachal Pradesh

Reported in : AIR2005HP37

..... court whether there was an appeal pending before the high court on 12-11-1962 i.e. the date immediately preceding the enforcement of up high court (abolition of letters patent appeals) act which came into force on 13-11-1962 which abolished the right of such appeal. against this background and in view of section 582-a of the code .....

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Jul 27 2006 (HC)

Baldev Singh and ors. Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : 2006(3)ShimLC135

..... approval of the state government for site appraisal as required under section 41-a of the act ibid. construction of this plant without complying with this statutory requirement is a patent illegality.29. it has further been observed that no site appraisal has been done as required under the said act with regard to the plant at ganguwala. it was only .....

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Jan 09 2009 (HC)

High Court of Himachal Pradesh Vs. Shri Manoj Kumar Bansal and ors.

Court : Himachal Pradesh

..... of india v. h.c. goel : (1964)illj38sc , this court held that if the conclusion, upon consideration of the evidence, reached by the disciplinary authority, is perverse or suffers from patent error on the face of the record or based on no evidence at all, a writ of certiorari could be issued.(14) in union of india v. s.l. abbas ..... dev darshan sud, j.1. this letters patent appeal has been preferred by the high court of himachal pradesh against the judgment of the hon'ble single judge setting aside the order of compulsory retirement passed against respondent .....

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