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Judgment Search Results Home > Cases Phrase: patents Court: jharkhand Page 1 of about 936 results (0.005 seconds)

Apr 21 2015 (HC)

Ganesh Murmu and Ors Vs. The State of Jharkhand Through the Chief Secr ...

Court : Jharkhand

..... allowed accordingly. no order as to costs." (emphasis supplied) 5. as a cumulative effect of the aforesaid facts and reasons and judicial pronouncements, there is no substance in this letter patents appeal, and we here by upheld the decision rendered by the learned single judge in w.p.(s) no. 4369 of 2012 dated 12.08.2013.6. accordingly, this l ..... appointed. the petitioners are duly qualified for class-iv employees and this aspect of the matter has not been properly appreciated by the learned single judge and hence this letter patents appeal has been preferred against the order passed by the learned single judge dated 12.08.2013 in w.p.(s) no. 4369 of 2012.2. learned counsel appearing for ..... are reasonable reasons for condonation of delay. we, therefore, condone the delay of 6 days in preferring this letters patent appeal.3. accordingly, i.a. no. 8579 of 2013 stands allowed and disposed of. l.p.a. no. 336 of 2013 1. learned counsel appearing for the appellants submitted that ..... .a. no. 8579 of 2013 1. this interlocutory application has been preferred under section 5 of the limitation act for condonation of delay of 6 days in preferring this letters patent appeal. -2- 2. heard learned counsel appearing for both the sides and looking to the reasons stated in this interlocutory application especially in paragraph nos. 1, 2 and 3, there .....

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May 18 2006 (HC)

Dr. S.N. Maity Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Reported in : [2006(4)JCR657(Jhr)]

..... and the source of appointment is only deputation on transfer. as articles 14 & 16 were followed in the matter of appointment to the post of controller general of patents, designs and trade marks, the authorities are bound to disclose the ground for which such appointment has been disturbed by repatriating the petitioner to his parent department. the ..... india, ministry of commerce and industry, department of industrial police and promotion. thereafter, h.e. president of india was pleased to appoint the petitioner as controller general of patents. designs and trade marks under the ministry of commerce and industry (department of industrial policy and promotion) on deputation basis for a period of five years or until ..... the respondents issued an advertisement in the 'employment news' dated 20/26th october, 2001, calling for applications from eligible candidates for appointment to the post of controller general of patents, designs and trade marks, vide annexure-8. therein, the ministry proposed to fill up the post by transfer on deputation, including short-term contract. the petitioner being eligible ..... commerce and industry, department of industrial policy & promotion repatriating the petitioner to his parent department is illegal.(b) whether the petitioner has right to continue as controller general of patents. designs, and trade marks?in normal parlance 'transfer' means the movement of an employee from one headquarter station in which he is employed to another station; 'deputation' is .....

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May 13 2011 (HC)

Deobrat Mishra Vs. the State of Bihar Now Jharkhand and ors.

Court : Jharkhand

1. cav on 10th may,2011 delivered on 13th may, 2011 prakash tatia,j. this letters patent appeal has been preferred by the writ petitioner to challenge the judgment dated 12th september, 2003 passed by the learned single judge of this court in c.w.j.c. ..... recorded by the courts below, there is no illegality in the order impugned, dismissing the petitioner's writ petition, upholding the revisional order. 10. there being no merit, the letters patent appeal is dismissed.

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Feb 22 2007 (HC)

The State of Jharkhand Through the Divisional Forest Officer, Dhanbad ...

Court : Jharkhand

Reported in : [2007(3)JCR503(Jhr)]

..... the forest produce procured by illegal means.11. mr. a.k. das, learned counsel for the respondent submitted that the short question which falls for consideration in the instant letters patent appeal is as to whether the decision of a court of criminal jurisdiction is binding upon the decision taken in the confiscation proceeding initiated under section 13(e) of bihar ..... d.k. sinha, j.1. this appeal under clause 10 of the letters patent at the instance of the state of jharkhand is directed against the order dated 13.7.2006 passed in c.w.j.c.no. 2067/1999(r) whereby the learned .....

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Aug 10 2005 (HC)

Manoj Kumar Vs. Smt. Meera Agarwal and anr.

Court : Jharkhand

Reported in : I(2006)DMC140; [2005(4)JCR340(Jhr)]

..... to hold that by virtue of introduction of section 100-a in 'the code of civil procedure, the right to appeal provided under clause 10 of the letters patent stood exclusively excluded and the instant appeal is, therefore, not maintainable.11. the appeal is, accordingly, dismissed. there will, however, be no order as to ..... section 100-a.9. in other words, when a specific provision for exclusion of appeal was inbuilt in the statute itself, the provision of the letters patent in respect of appeals would prevail. the aforesaid legal principle also fell for decision of a full bench of this court in the case of satya ..... be considered once again in ps. sathappan's case and it was sought to be explained that where the legislature intended to specifically exclude a letters patent appeal, it had expressly done so in section 100-a of the code of civil procedure introduced in the code by the amending act of 2002 ..... (supra), we have once again given serious thought to the provisions of section 100-a, cpc in relation to appeals under clause 10 of the letters patent. when the earlier matter was decided by the division bench, the learned judges did not have the benefit of the observations made by the hon'ble supreme ..... that applying the said principles to the facts of the case, the hon'ble supreme court had held that the appeal under clause 15 of the letters patent, being an appeal provided by law for the time being in force, the finality contemplated by sub-section (2) of section 104, cpc did not .....

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Aug 02 2005 (HC)

Union of India (Uoi) Vs. Maklu Mahto and ors.

Court : Jharkhand

Reported in : AIR2006Jhar78; [2006(2)JCR357(Jhr)]

..... obstante clause did not restrict the right of appeal from one bench of the high court to another bench as provided in clause 10 of the letters patent.12. there is no denying the fact that the provisions of the coal hearing areas (acquisition &. development) act, 1957 and those of the land ..... like section 100a could exclude the special law as enunciated in the letters patent appeal. mr. dey then referred to a bench decision of the patna high court in the case of balbhadra singh v. ram binod singh : air2005pat87 ..... case of p.s. sathappan (supra ) as also the decision in the case of vinita khanolkar and sharda devi it was observed that a letters patent appeal is the specific law under which the high court derives its powers. it is not a subordinate piece of legislation. only a specific provision, ..... submitted that recently, a division bench of this court had occasion to consider the maintainability of a second appeal under clause 10 of the letters patent from the order of a learned single judge in respect of an award under the provisions of the land acquisition act, 1894 and on consideration ..... acquisition & development) act, 1957. the question of maintainability has been raised by the department on account of the provisions of clause 10 of the letters patent, whereunder a second appeal from a judgment and decree passed in exercise of the appellate jurisdiction in respect of a decree or order is prohibited.3. .....

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Apr 06 2001 (HC)

Employer in Relation to the Management of Central Mine Planning and De ...

Court : Jharkhand

Reported in : (2001)IILLJ910Jhar

..... by a labour court or an industrial tribunal and raises contentions concerning the very basic jurisdictional aspects of the award or brings to the notice of the court some patent error of law apparent on the face of the award and thus satisfies the court, prima facie, with reference to the merits of the aforesaid contentions (duly ..... the award on the ground of it being a perversity and a nullity in the eyes of law, or being totally without jurisdiction or being based on a patent error of law on the face of the award, does section 17b still enjoin upon the high court the mandatory obligation to pass an order directing payment of ..... error or a patent error of law on the face of it, section 17b application should be rejected. on the other hand, the learned counsel for the respondents workmen submitted that ..... it is obligatory upon the high court to consider the ground of challenge to the award. in so far it relates to the basic jurisdictional aspect or any patent error of law on the face of the award and if the employer challenging the award does succeed prima facie in establishing that the award suffers from some jurisdictional ..... orderv.k. gupta, c.j.1. this appeal under clause 10 of the letters patent is directed against the judgment and order dated 26.4.1999, passed by a learned single judge of this court on an application under section .....

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Jul 14 2005 (HC)

Central Coal Fields Ltd. and ors. Vs. Suresh Kumar Singh and ors.

Court : Jharkhand

Reported in : 2005(3)BLJR1843; [2005(4)JCR157(Jhr)]

..... the salaries of the writ petitioners, in terms of the order of the disciplinary authority are to be reimbursed to them.12. with the aforesaid observations and direction, this letters patent appeal is disposed of, but there will be no order as to costs. lpa disposed of.

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Apr 19 2006 (HC)

State of Jharkhand and anr. Vs. Krishna Nand Mishra Shashtri and ors.

Court : Jharkhand

Reported in : [2006(3)JCR257(Jhr)]

..... , be traced only to the plenary power available under article 226 of the constitution of india; we hold that the appeal under clause 10 of the letters patent is maintainable against such order, as held by the division bench of this court in the case of state of jharkhand v. md. muzammil sultan (supra). ..... could at best be traced to the plenary power available under article 226 of the constitution of india and an appeal under clause 10 of the letters patent was maintainable. 4. so far as the present case is concerned, the respondent/writ petitioner filed a writ petition bearing w.p.(s) no. 5796 ..... to be an aggrieved person, so as to justify the filing of an appeal. the said appeal was not preferred under clause 10 of the letters patent but was a contempt appeal, preferred under section 19(1) of the contempt of courts act and, as such, the same is not applicable in ..... providing yet another opportunity for compliance of the court's order, without passing any order of punishment for contempt, an appeal under clause 10 of the letters patent is not maintainable. in the case of bashisth narayan v. sri a.k. upadhyaya reported in 2004(1) j.l.j.r. 389, a division ..... counsel appearing on behalf of the respondent/writ petitioner questioned the maintainability of this appeal under clause 10 of the letters patent. it was submitted that no appeal under clause 10 of the letters patent is maintainable against the order, passed in a contempt proceeding. he placed reliance on the decisions, reported in 1997( .....

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Aug 14 2006 (HC)

The Tata Iron and Steel Company Ltd. Vs. the State of Jharkhand and or ...

Court : Jharkhand

Reported in : [2006(4)JCR37(Jhr)]

..... . there is no material to indicate that the revenue, so collected by way of entry tax, is being recompensed to the service/facility provider, nor the impugned enactment facially or patently indicates the quantifiable data on the basis of which the compensatory tax is sought to be levied. the act does not disclose the benefit, which is quantifiable or measurable. on ..... state:applying the above tests parameters, whenever a law is impugned as violative of article 301 of the constitution, the court has to see whether the impugned enactment facially or patently indicates quantifiable data on the basis of which the compensatory tax is sought to be levied. the act must facially indicate the benefit which is quantifiable or measurable. it must ..... a tax is a compensatory or not is to enquire whether the trade is having the use of certain facilities for the better conduct of its business and paying not patently much more than what is required for providing the facilities'. in the case of bhagatram rajeevkumar (supra), the working test, enunciated by the 7-judge bench in the case of .....

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