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Judgment Search Results Home > Cases Phrase: patents Court: kolkata Year: 1914 Page 1 of about 11 results (0.028 seconds)

Jan 02 1914 (PC)

In Re: an Attorney

Court : Kolkata

Decided on : Jan-02-1914

Reported in : (1914)ILR41Cal734

..... the order declaring the fitness of the appeal is accordingly vacated.chapman, j.5. i agree. this court is empowered under section 10 of the letters patent to deal with professional misconduct by suspension or removal; but such a proceeding is not, in my opinion, in the exercise of original jurisdiction within the ..... on appeal or in the exercise of original jurisdiction. a proceeding under section 10 does not fall under any of the jurisdictions specified in the letters patent and thus is not governed by section 39.3. on behalf of the appellant a preliminary objection to this application for review has been taken that ..... misconception being due to the papers in the proceeding being marked as on the ordinary original civil jurisdiction of the court. section 39 of, the letters patent empowers us to declare the fitness of an appeal in any matter not being of criminal jurisdiction if it is a final judgment, decree or order ..... order, final or otherwise, made in a proceeding under section 10 is not governed by section 39 of the letters patent and thus no leave to appeal could be given by this court in the present instance. this objection was not raised, and not even referred to, ..... this court to prosecute him for perjury.2. the sanction was granted in a proceeding arising out of an enquiry, under section 10 of the letters patent of 1865, into the conduct of the appellant as an attorney of this court. it has been contended on behalf of the public prosecutor that an .....

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Sep 03 1914 (PC)

Emperor Vs. Upendra Nath Das

Court : Kolkata

Decided on : Sep-03-1914

Reported in : AIR1915Cal778,30Ind.Cas.113

..... upon the main points in issue.46. it is well settled that when the court is called upon to review a case under clause 26 of the letters patent, it will accept as unquestionable the statement of the trial judge as to what actually took place before him: reg. v. pestonji dinsha 10 b.h ..... on which alone they could be considered by us.34. our powers are circumscribed, for we can only act in conformity with clause 26 of the letters patent. if there was no misdirection or other error as certified, the earth case was misconceived, and we have no power to interfere.35. if the merits ..... been accepted.31st august, 1914.g.h.b. kenrick,advocate-general, bengal.3. the certificate of an advocate-general is naturally entitled to respect; the letters patent require that it should reflect the judgment of the advocate-general and not mere surmise, and the certificate is presumably granted in the interests of justice after ..... points of law were erroneously decided by the learned judge and should be further considered by the high court under the provisions of section 26 of the letters patent of 1865.1. that the learned 'judge told the jury that he did not see that there was any evidence of any of those provided for' ..... counsel as 'to the direction given by the learned judge in his charge to the jury purported to grant a certificate under clause 26 of the letters patent. certain alleged errors of decision on points of law were attributed to the learned judge, but when the case came on for argument it was found .....

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May 02 1914 (PC)

Madras Steam Navigation Co. Ld. Vs. Shalimar Works, Ld.

Court : Kolkata

Decided on : May-02-1914

Reported in : AIR1915Cal681,(1915)ILR42Cal85,28Ind.Cas.463

..... as to whether the extended powers under 3 and 4 vict., c. 65 and 24 vict., c. 10 became vested in indian high court by virtue of the several letters patent: the portugal (1870) 6 b l. r. 323, the asia (1868) 5 bom. h. c. (o.c.) 64, bardot v. the augusta (1873) 10 bom. h. c. 110.21. for ..... maritime matters here, and therefore i feel justified in citing them.17. this court's general admiralty jurisdiction rests on clause 32 of the letters patent of 1865, which continues clause 31 of the letters patent of 1862; and the effect of these clauses is to vest in the high court such civil and maritime jurisdiction as might be exercised by the .....

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May 05 1914 (PC)

Abdullah HosseIn Chowdhury Vs. Administrator-general

Court : Kolkata

Decided on : May-05-1914

Reported in : (1915)ILR42Cal35

..... reason for thinking that section 8 was valid legislation.15. the court's power to deal with applications for leave to appeal rests primarily on clause 39 of the letters patent, which ordains that any person may appeal to the privy council in the cases there mentioned: 'subject always to such rules and orders as are now in force or may ..... as we may with the advice of our privy council hereafter make in that behalf.'16. clause 44 of the letters patent is in these terms:and we do further ordain and declare that all the provisions of these our letters'patent are subject to the legislative powers of the governor-general in council, exercised at meetings for the purpose of. making .....

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May 15 1914 (PC)

Lakhan Jena and ors. Vs. Arjun Naik

Court : Kolkata

Decided on : May-15-1914

Reported in : AIR1914Cal202,24Ind.Cas.387

..... brooks 7 h. & n. 499 : 126 r.r. 540 : 8 jur. n.s. 156 even though it was argued that the invalidity of the patent would make the agreement sought to be enforced a contract for the grant of a monopoly and consequently void. in the case before us, it has been found that ..... collected a debt for his principal could insist on his keeping the money upon an allegation that the debt was not justly due : even if the patent was assumed to be invalid, that did not render the sales of the machine illegal, so as to taint with illegality the obligation of the defendants to ..... 385.. in the case last mentioned, the defendants, under the agreement from the patentee, manufactured and sold the patented article, actually received profits therefrom, and when called upon to account questioned the validity or the patent. the court overruled the defence, and held that they could no more be allowed to deny the title of their ..... estopped to deny the authority from which the right proceeds. this is well illustrated by cases where right under a patent has been transferred and it has been held that the assignee or licensee of the patent, apparently valid and in force, who has acted under it and received profits from the sale of the ..... patented article, is estopped to deny the validity of the patent in an action by the patentee to recover royalties or to obtain an account. reference may be made, amongst others, to the cases of lawes .....

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May 05 1914 (PC)

Syed Abdullah HossaIn Chowdhury Vs. Ananda Chandra Roy and anr.

Court : Kolkata

Decided on : May-05-1914

Reported in : AIR1914Cal679,24Ind.Cas.273

..... strong reason for thinking that section 8 was valid legislation.the court's power to deal with applications for leave to appeal rests primarily on clause 39 of the letters patent, which ordains that any person may appeal to the privy council in the cases there mentioned : 'subject always to such rules and orders as are now in force or may ..... he may with the advice of our privy council hereafter make in that behalf.14. clause 44 of the letters patent is in these terms : -and we do further ordain and declare that all the provisions of these our letters patent are subject to the legislative powers of the governor-general in council exercised at meetings for the purpose of making laws .....

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Jun 02 1914 (PC)

Dayamayi Vs. Ananda Mohan Roy Chowdhury

Court : Kolkata

Decided on : Jun-02-1914

Reported in : (1915)ILR42Cal172

..... , (iii) in accordance with the propositions above set out. the result will be that this appeal will be dismissed. there will be no order as to costs of the letters patent appeal on this reference.6. we would only add that the uncertainty as to the transferability of holdings has been one of the most fruitful sources of litigation, and it .....

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Jan 30 1914 (PC)

Amulya Ratan Sircar Vs. Tarini Nath Dey

Court : Kolkata

Decided on : Jan-30-1914

Reported in : AIR1915Cal48,(1915)ILR42Cal254

..... that the view taken by that learned judge does support the argument for the, respondents. but it is worthy of note that when an appeal was preferred under the letters patent against the decision of mr. justice doss, the decree was affirmed on a different ground; udoy chandra das v. hari das bairagi (1909) 10 c. l. j. 608. it is .....

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Jun 18 1914 (PC)

Ganesh Bhagat Vs. Sarada Prasad Mukerjee

Court : Kolkata

Decided on : Jun-18-1914

Reported in : AIR1915Cal705(2),(1915)ILR42Cal370,30Ind.Cas.111

..... 17 of schedule ii of the court fees act, namely, a suit to alter or set aside a summary decision or order of a civil court not established by letters patent. in the portion which we have quoted above, their lordships explain the meaning of the words value of the action' as meaning the value to the plaintiff; and to that .....

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Jun 04 1914 (PC)

Sasibhushan Mookerjee and anr. Vs. Radhanath Bose

Court : Kolkata

Decided on : Jun-04-1914

Reported in : 25Ind.Cas.267

..... that may be gathered from it: hurro chunder v. shoorodhonee 9 w.r. 402, panchanan v. dwarka nath 3 c.l.j. 29. it would, in our opinion, be a patent misapplication by a court of section 151 if it were, in the exercise of its inherent power, to assume jurisdiction to grant a review where it has been expressly forbidden .....

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