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Judgment Search Results Home > Cases Phrase: patents Court: kolkata Year: 1895 Page 1 of about 5 results (0.009 seconds)

May 14 1895 (PC)

Pudmanund Singh Bahadur and ors. Vs. Chundi Dutt Jha

Court : Kolkata

Decided on : May-14-1895

Reported in : (1895)ILR22Cal928

..... which were then under determination. at the highest, the order can only be regarded as interlocutory, as falling within the terms of section 40 of the letters patent.5. this matter has been recently considered by their lordships of the judicial committee of the privy council in the case of rahimbhoy habibhoy v. turner i.l ..... .l.r. 17 cal. 455 it was held that an order, which determines the rights of the parties, is alone appealable under section 15 of the letters patent. and in the case of kishen pershad panday v. tiluckdhari lall i.l.r. 18 cal. 182 it was held that it must be an order deciding finally ..... the justices of the peace for calcutta v. the oriental gas company 8 b.l.r. 433, in which, on the interpretation of section 15 of the letters patent, the meaning of the expression 'judgment' was determined. it was there declared that 'judgment' means a decision which affects the merits of the question between the parties ..... (a) and (b), section 595, or, if it falls short of that, the petitioner is entitled to appeal under the terms of section 40 of the letters patent, which are embodied in clause (c) of section 595. we have been referred to several cases in the reports bearing on this subject. the leading case in this ..... be granted within the terms of section 596 of the code of civil procedure, which embodies the provisions of sections 39 and 40 of the letters patent, 1866.3. in order to entitle a party to a certificate under clauses (a) and (b), section 595 of the code, or section 39 of .....

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May 20 1895 (PC)

M.M. Watkins and ors. Vs. N. Fox and ors.

Court : Kolkata

Decided on : May-20-1895

Reported in : (1895)ILR22Cal943

..... that question, the following particulars are material: the present suit was instituted on the 7th april 1891, judgment was delivered in the proceeding under the patent act on the 20th january 1888. on the 20th february 1888 the latest act in relation to the preparation of the orders of the court in ..... after the proceeding under the patent act had ended, guaranteeing the payment of the costs, he has been included in this suit. with respect to this undertaking, the plaintiff's case ..... the second defendant, mr. george fox, a brother of the first defendant, it is said, was one of the persons interested in the revocation of the patent, on whose behalf mr. neil fox had instructed messrs. watkins and co., and on that ground, as well as upon a personal undertaking given by him ..... proceeding mentioned above was instituted on the 26th may 1887. in consequence, however, of the circumstance that mr. neil fox was himself a licensee under the patent it was considered unadvisable that he should be made a party to the proceeding, and it was arranged accordingly that the name of the third defendant, ..... costs of certain proceedings in this court, under section 24 of act xy of 1859. the object of those proceedings was to effect the revocation of a patent held by two persons, named thomson and mylne, for a sugar-crushing machine.2. the plaintiffs' case is that the first defendant, mr. neil fox .....

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Jun 14 1895 (PC)

AlimuddIn Khan Vs. Hira Lall Sen and ors.

Court : Kolkata

Decided on : Jun-14-1895

Reported in : (1896)ILR23Cal87

..... 15 and 16 vic, malins, v.c., held that the assignee might maintain a suit against the assignor and the subsequent licensees to restrain them from using the patent, although at the time of the institution of the suit the assignment had not been, but had subsequently been, registered.59. i am disposed to think that the ..... landlord and tenant does not exist, i do not see how the plaintiff could sue the defendants as tenants.' the case was appealed under section 15 of the letters patent, and was heard by garth, c.j., and mitter, j. the learned chief justice, in delivering the judgment of the court, says: 'the plaintiff is ..... patent shall be deemed, and taken to be, the sole and exclusive proprietor or proprietors of the letters patent.' see also lucas v. dixon l.r. 22 q.b.d. 357.4. the property in respect of ..... provided that 'until registration of the copyright, no person interested shall be able to maintain any suit at law or in equity,' and the patent law amendment act, which simply enacts that, 'until an entry has been made, the grantee or grantees of the letters ..... that 'no action shall be brought without a memorandum, etc.' statute 15 and 16 vic, cap. 83, section 35 (patent law amendment act) provides that 'untill such entry has been made, the grantee or grantees of the letters patent shall be deemed and taken to be the sole and exclusive proprietor or proprietors of such letters .....

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Jan 05 1895 (PC)

Roghoonath Misser Vs. Gobindnarain

Court : Kolkata

Decided on : Jan-05-1895

Reported in : (1895)ILR22Cal451

..... facts. again, in the latter case, mr. justice mitter says: 'it has been uniformly held here that the words 'the whole cause of action' in section 12 of the letters patent mean all things necessary to give a right of action,' from which it would follow that anything necessary to give a right of action would constitute part of the cause .....

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Mar 05 1895 (PC)

Ramhari Sahu and ors. Vs. Madan Mohan Mitter

Court : Kolkata

Decided on : Mar-05-1895

Reported in : (1896)ILR23Cal339

..... as an application under section 588 of the code. it would seem from the terms of the decision that was pronounced by this court on the 13th instant in letters patent appeal no. 6 of 1895 that it was so regarded, but as we were two of the judges who delivered that decision, we may say that this point was not .....

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