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Judgment Search Results Home > Cases Phrase: patents Court: himachal pradesh Year: 2005 Page 1 of about 13 results (0.007 seconds)

Mar 28 2005 (HC)

Partap Singh Vs. Smt. Satya Devi and anr.

Court : Himachal Pradesh

Decided on : Mar-28-2005

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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Mar 07 2005 (HC)

Shobit Construction and anr. Etc. Vs. T.K. International Ltd.

Court : Himachal Pradesh

Decided on : Mar-07-2005

Reported in : AIR2006HP4,2006(1)ARBLR510(HP)

..... makes it clear that those rules are not 'rules' as defined in the code of civil procedure, 1908. secondly, it is not possible to accept the contention that the letters, patent and rules made there under, which are recognized and specifically protected by section 129, are relegated to a subordinate status, as contended by the learned counsel....38. their lordships in ..... , i.e. substantial provisions of the code of civil procedure. this argument too was found untenable. their lordships observed :46. finally, it was argued by mr. jethmalani that the letters patent, and the rules made- there under by the high court for regulating its procedure on the original side, were subordinate legislation and therefore, must give way to the superior legislation ..... drawn between the proceedings in original jurisdiction before the chartered high court and those in other courts. for historical reasons this distinction was maintained right from the time the letters patent was issued, and has not been disturbed by the code of civil procedure, 1908, despite the amendments made in the cpc from 1976 to 2002.36. an argument was ..... their originaly civil procedure.- not-withstanding anything in this code, any high court (not being the court of a judicial commissioner) may make such rules not inconsistent with the letters patent, (or order) (or oilier law) establishing it, to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained shall .....

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Aug 09 2005 (HC)

Cement Corporation of India Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Decided on : Aug-09-2005

Reported in : 2006(1)ShimLC4

..... goods sold. 'royalty' is defined in jowitt's dictionary of english law, fifth edition, vol. 2, page 1595 as follows :royalty, is a payment reserved by the grantor of a patent, lease of a mine or similar right, and payable proportionately to the use made of the right by the grantee. it is usually a payment of money, but may be ..... an author or composer by a publisher in respect of each copy of his work which is sold, or to an inventor in respect of each article sold under the patent.(emphasis given)8. the apex court in state of h.p. and ors. v. gujarat ambuja cement ltd. and anr. : air2005sc3836 , held that the mining lease is an interest in ..... be worked.48. 'royalty' is defined in jowitt's dictionary of english law, 3rd ed. at p. 1595 inter alia, as :royalty, a payment reserved by the grantor of a patent, lease of a mine or similar right, and payable proportionately to the use made of the right by the grantee. it is usually a payment of money, but may be ..... . see rent.49. 'royalty' is defined in wharton's law lexicon, 14th edn. at p. 893, as:royalty, payment to patentee by agreement on every article made according to his patent or to an author by a publisher on every copy of his book sold; or to the owner of minerals for the right of working the same on every ton .....

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Aug 18 2005 (HC)

Citizen Rights Protection Forum Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Decided on : Aug-18-2005

Reported in : 2006(1)ShimLC60

..... source of appointment to the chief minister or to any such other person. on this ground alone the appointment of respondents no. 3 to 14 can be held to be patently unconstitutional. the vesting of the authority in the person seeking to appoint chief parliamentary secretaries and parliamentary secretaries is a sine qua non to the validity and legality attached to ..... of any such oath.22. as we are in the midst of the aforesaid discussion with respect to the impugned action of respondent no. 2 suffering from the vice of patent unconstitutionality and blatant illegality and as we have unhesitatingly declared the appointment of respondents no. 3 to 14 as void ab initio, we wish to observe that this ..... patent illegality has not been cured or rectified because the order dated 21st april, 2005 has not been shown to have been issued in terms of article 166 of the constitution .....

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Dec 26 2005 (HC)

Mukesh Thakur Vs. State of H.P. and ors.

Court : Himachal Pradesh

Decided on : Dec-26-2005

Reported in : 2006(1)ShimLC134

..... parts of the question paper to clearly demonstrate the manner in which the examiner showed his irresponsibility in drafting the questions and the commission showed its indifference in ignoring the patent mistakes or printing errors in the question paper.just a few examples :q.5(c) rohit files a suit against mohit for recovery of possession of house 'x' on the .....

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Nov 08 2005 (HC)

Ashok Kumar Vs. H.P. State Cooperative Housing Federation Ltd. and anr ...

Court : Himachal Pradesh

Decided on : Nov-08-2005

Reported in : 2006(1)ShimLC252

..... appeal was pending before an additional secretary to the government for as much as 9 years without it being disposed of. the pendency of this appeal for 9 years did patently and intently jeopardize gravely public interest in as much as for this period or 9 years public money forming the subject matter of the award remained blocked and a person .....

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May 25 2005 (HC)

Suresh Sharma Vs. Dr. Sukhdev Sharma

Court : Himachal Pradesh

Decided on : May-25-2005

Reported in : I(2006)DMC144

..... disease. he has alleged, again without any basis, that the wife was not a virgin. the allegation made in the petition and the affidavit filed along with the petition were patently false. the husband would have this court believe that the marriage had taken place at village palyani which allegation is also found to be false. it is no doubt true .....

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Nov 21 2005 (HC)

Devender Singh Vs. State Bank of India and anr.

Court : Himachal Pradesh

Decided on : Nov-21-2005

Reported in : [2006(109)FLR1114],2006(1)ShimLC236

..... respondent before the rajasthan high court which was allowed with the direction to forthwith consider the case of the petitioner for compassionate appointment. the order was challenged in the letters patent appeal. the appeal was dismissed observing that the retrial benefits received by the heirs of deceased employee cannot be a ground for rejecting the application for compassionate appointment. the apex .....

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Aug 01 2005 (HC)

Kamal Kant and ors. Vs. General Public and ors.

Court : Himachal Pradesh

Decided on : Aug-01-2005

Reported in : AIR2006HP45

..... to that estate. by the dismissal of section 372 application, the learned district judge has extinguished that right of the legal representatives of kanta devi. the impugned order, therefore, is patently erroneous and contrary to well established legal provisions relating to the law of succession.7. the impugned order is set aside. it is held that section 372 application could not .....

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May 24 2005 (HC)

SachIn Kumar Vs. Chuni Lal

Court : Himachal Pradesh

Decided on : May-24-2005

Reported in : IV(2005)ACC5,2006ACJ1390,2006(3)ShimLC265

..... of respondent no. 1. the respondents have taken up a false plea that the accident in fact did not occur. the respondents' version that the accident did not occur is patently false and cannot be accepted. further, pw 5 has given a graphic account of the accident. there is nothing to show that he is making false statement. the finding of .....

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