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Judgment Search Results Home > Cases Phrase: patents Court: kolkata Year: 1924 Page 1 of about 32 results (0.009 seconds)

Mar 14 1924 (PC)

Udoy Chand Pannalal Vs. Khetsidas Tilokchand

Court : Kolkata

Decided on : Mar-14-1924

Reported in : (1924)ILR51Cal905

..... had jurisdiction, to make the rule in question under clause 37 of the letters patent of 1865 which provides that 'it shall be lawful for the said high court of judicature at fort william in bengal from time to time to make ..... is sufficient for me to say that i am of opinion that it is not unreasonable to assume that section 129 was intended to refer to the letters patent which were then in force, dealing with the establishment and continuance of the high court.12. but, apart from that i am of opinion that the court ..... is hereby saved.'6. the question, therefore, arises whether the decision of the learned judge is a 'judgment' within the meaning of clause 15 of the letters patent.7. in my opinion, there is no doubt that the learned judge's decision was a 'judgment.' the effect of it was that the suit should not proceed ..... for it runs, 'and, save as otherwise expressly provided... by any law for the time being in force, from no other orders.' section 15 of the letters patent is such a law, and what it expressly provides, namely, an appeal to the high court's appellate jurisdiction from a decree of the high court in its ..... certain cases which it enumerated, and from no other such orders.' this raised the question neatly, whether an appeal, expressly given by section 15 of the letters patent and not expressly referred to in section 588 of the code of 1882, could be taken away by the general words of section 588, and from no .....

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Dec 02 1924 (PC)

Prabhat Chandra Barua Vs. Emperor

Court : Kolkata

Decided on : Dec-02-1924

Reported in : (1925)ILR52Cal546

..... matter upon which both the learned judges were agreed and this bench constituted to hear the appeal under section 15, clause (3) of the letters patent is not competent to consider the question as to whether the decision of the division bench upon a matter upon which both the learned judges were agreed ..... merely advisory, made by the court in exercise of its consultative jurisdiction, and is not a judgment within the meaning of clause 15 of the letters patent. that being so, we think there is no appeal under that section.4. a question has been raised by the learned counsel for the appellant ..... . r. 50 i. a. 212. the question in that case was whether an appeal lay to the privy council under clause 39 of the letters patent of the bombay high court from a decision of the high court upon a case stated and referred to the court by the chief revenue authority under section ..... been raised on behalf of the respondent that no appeal lies in this case under section 15 of the letters patent, and reliance has been placed upon the decision of the judicial committee in the case of tata iron and steel company, limited, v. chief revenue-authority ..... was heard by a bench consisting of mr. justice rankin and mr. justice page. the learned judges differed in opinion and under section 36 of the letters patent, the opinion of the senior judge, mr. justice rankin, prevailed. as against that judgment the present appeal has been preferred.2. a preliminary objection has .....

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Dec 02 1924 (PC)

Raja Probhat Chandra Barua Vs. Emperor

Court : Kolkata

Decided on : Dec-02-1924

Reported in : 87Ind.Cas.653

..... matter upon which both the learned judges were agreed and; this bench constituted to hear the appeal under section 15, clause (3) of the letters patent' is not competent to consider the question as to whether the decision of the division bench upon a matter upon which both the learned judges were agreed ..... merely advisory made by the court in exercise of its consultative jurisdiction, and is not a judgment within the meaning of clause 15 of the letters patent. that being so we think there is no appeal under that section.4. a question has been raised by the learned counsel for the appellant that ..... c.l.j. 16 (p.c.). the question in that case was whether an appeal lay to the privy council under clause 39 of the letters patent of the bombay high court from a decision of the high court upon a case stated and referred to the court by the chief revenue authority under ..... ' on behalf of the respondent that no appeal lies in this case under clause 15 of the letters patent, and reliance has been placed upon the decision of the judicial committee in the case of tata iron and steel co. limited v. chief revenue authority ..... was heard by* a bench consisting of mr. justice rankin and mr. justice page. the learned judges differed in opinion and under clause 36 of the letters patent the opinion of the senior judge mr. justice rankin prevailed. as against that judgment the present appeal has been, preferred.2. a preliminary objection has been raised .....

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Jun 08 1924 (PC)

Emperor Vs. Probhat Chandra Barua

Court : Kolkata

Decided on : Jun-08-1924

Reported in : (1924)ILR51Cal504

..... then the opinion of the senior judge shall prevail'. in these circumstances, it seems to me that the matter is governed by clause 36 of the letters patent, and that the opinion which i have expressed must prevail.55. the registrar will now send under the seal of the court and his own signature as ..... . for these reasons, it seems to me that the only provision under which it is open to us to act is clause 33 of the letters patent of 1865. i have examined the language of that clause with care to see whether there is any phrase or expression in it which renders it inapplicable ..... appeal which was then before them for consideration, namely, an appeal from the original side, that is, an appeal granted by the very terms of the letters patent. upon this matter, a decision has been only to-day pronounced by another divisional bench of this court in appeals from appellate orders nos. 19 and 20 ..... in accordance with the income tax act is dealt with as being, theoretically speaking, a form of appeal such as is contemplated by clause 16 of the letters patent.54. the jurisdiction to be exercised is in no way related to the code of civil procedure. the code of civil procedure, by section 4, 'provides' ..... court upon a case stated by the commissioner. that is a special jurisdiction, and the only authority we have connecting that jurisdiction in any way with the letters patent of this court, is an observation made in birendra kishore manikya v. the secretary of state for india (1920) i.l.r. 48 calc. 766.777, .....

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Mar 14 1924 (PC)

Udoy Chand Panna Lal Vs. Khetsidas Tilokchand

Court : Kolkata

Decided on : Mar-14-1924

Reported in : AIR1924Cal1025

..... court had jurisdiction to make the rule in question under clause 37 of the letters patent of 1865 which provides that - 'it shall be lawful for the said high court of judicature at fort william in bengal from time to time to make ..... is sufficient for me to say that i am of opinion that it is not unreasonable to assume that section 129 was intended to refer to the letters patent which were then in force, dealing with the establishment and continuance of the high court.14. but, apart from that, i am of opinion that the ..... jurisdiction, is thereby saved.8. the question, therefore, arises whether the decision of the learned judge is 'judgment' within the meaning of clause 15 of the letters patent.9. in my opinion, there is no doubt that, the learned judge's decision was a 'judgment.' the effect of it was that the suit should not proceed ..... for it runs,' and, save as otherwise expressly provided by any law for the time being in force, from no other orders' section 15 of the letters patent is such a law, and what is expressly provides, namely, an appeal to the high court's appellate jurisdiction from a decree of the high court in its ..... cases which it enumerated, and from no other such-orders. this raised the question neatly, whether an appeal, expressly given by section 15 of the letters patent and not expressly referred to in section 588 of the code of 1882, could be taken away by the general words of section 588 and from no other .....

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Dec 02 1924 (PC)

Probhat Chandra Barma Vs. the Kinq-emperor

Court : Kolkata

Decided on : Dec-02-1924

Reported in : AIR1925Cal598,84Ind.Cas.31

..... a matter upon which both the learned judges were agreed and this bench constituted to hear the appeal under section 15, clause (3) of the letters patent is not competent to consider the question as to whether the decision of the division bench upon a matter upon which both the learned judges were agreed ..... is merely advisory, made by the court in exercise of its consultative jurisdiction, and is not a judgment within the meaning of clause 15 of the letters patent. that being so, we think there is no appeal under that section. a question has been raised by the learned counsel for the appellant that the ..... i.r. 1923 p.c. 148. the question in that case was whether an appeal lay to the privy council under clause 39 of the letters patent of the bombay high court from a decision of the high court upon a case stated and referred to the court by the chief revenue authority under ..... ok behalf of the respondent that no appeal lies in this case under section 15 of the letters patent, and reliance has been placed upon the decision of the judicial committee in the case of tata iron and steel co., ld. v. chief revenue authority ..... heard by a bench consisting of mr. justice rankin and mr. justice page. the learned judges differed in opinion and under section 36 of the letters patent the opinion of the senior judge mr. justice rankin prevailed. as against that judgment the present appeal has been preferred.2. a preliminary objection has bean raised .....

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Jan 08 1924 (PC)

Probhat Chandra Barua Vs. Emperor

Court : Kolkata

Decided on : Jan-08-1924

Reported in : AIR1924Cal668

..... the opinion of the senior judge shall prevail.74. in these circumstances, it seems to me that the matter is governed by clause 36 of the letters patent, and that the opinion which i have expressed must prevail.75. the registrar will now send under the seal of the court and his own signature as ..... 98. for these reasons, it seems to me that the only provision under which it is open to us to act is clause 36 of the letters patent of 1865. i have examined the language of that clause with care to see whether there is any phrase or expression in it which, renders it inapplicable ..... appeal which was then before them for consideration, namely, an appeal from the original side, that is, an appeal granted by the very terms of the letters-patent. upon this matter, a decision has been only to-day pronounced by another divisional bench of this court in appeals-from appellate orders nos. 19 and 20 ..... in accordance with the income tax act is dealt with as being, theoretically speaking, a form of appeal such as is contemplated by clause 16 of the letters patent.72. the jurisdiction to be exercised is in no way related to the code of civil procedure. the code of civil procedure, by section 4 'provides' ..... court upon a case stated by the commissioner. that is a special jurisdiction, and the only authority we have connecting that jurisdiction in any way with the letters patent of this court, is an observation made in birendra kishore manikya v. the secretary of state a.i.r. 1921 cal. 262, where a case stated .....

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May 02 1924 (PC)

Prasanna Deb Raiket Vs. AchhruddIn Mahamad and ors.

Court : Kolkata

Decided on : May-02-1924

Reported in : AIR1925Cal465

..... close upon half a century, the fact that only three cases have been referred to in their lordships' decision as showing that the application of clause 36 of the letters patent was not a novel idea and. that all the three cases are clearly cases where the provisions as now contained in section 98 of the civil procedure code could not possibly apply ..... own costs.6. my learned brother unfortunately takes a different view and be would allow the appeals. in these cases my opinion must prevail, whether we proceed under the letters patent or under the code.7. the result, therefore, is that the appeals are dismissed, each party bearing his own costs.mukerji, j.8. i have had the advantage of perusing ..... there is the decision of the judicial committee in the case of bhaidas shivdas v. bai gulab a.i.r. 1921 p.c. 6 that clause 36 of the letters patent should apply, a decision the wording of which does not suggest that the clause should apply only to original side appeals and appeals under the letters ..... patent and not to appeals under the code of civil procedure. it would serve no useful purpose to enter upon a discussion of the authorities bearing upon the question. they have .....

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May 02 1924 (PC)

Prasanna Deb Raikat Vs. AchhiruddIn Mahamad and ors.

Court : Kolkata

Decided on : May-02-1924

Reported in : 82Ind.Cas.953

..... close upon half a century. the fact that only three cases have been referred to in their lordships' decision as showing that the application of clause 36 of the letters patent was not a novel idea and that all the three cases are clearly cases where the provisions as now contained in section 98 of the civil procedure code could not possibly apply ..... own costs.6. my learned brother unfortunately takes a different view and he would allow the appeals. in these cases my opinion must prevail, whether we proceed under the letters patent or under the code.7. the result, therefore, is that the appeals are dismissed, each party bearing his own costs. mukerji, j.8. i have had the advantage of perusing ..... ; (1921) m.w.n. 408 : 29 m.l.t.350 : 45 b.718 : 30 m.l.t. 149 : 48 i.a. 181 (p.c.) that clause 36 of the letters patent should apply, a decision the wording of which does not suggest that the clause should apply only to original side appeals and appeals under the letters ..... patent and not to appeals under the code of civil procedure. it would serve no useful purpose to enter upon a discussion of the authorities bearing upon the question. they have .....

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Feb 22 1924 (PC)

Suresh Chandra Mukerjee Vs. Shiti Kanta Banerjee and ors.

Court : Kolkata

Decided on : Feb-22-1924

Reported in : AIR1924Cal855

..... was no majority varying or reversing the decree appealed from, the appeal should be dismissed. against this decision the plaintiff has porferred an appeal under clause 15 of the letters patent. a preliminary objection has been taken that no appeal lies. this objection we overruled at the commencement of the hearing of the appeal. though we accept the contention of the ..... that the procedure laid down in section 98 of the civil procedure code was wrongly applied in the present case, that is immaterial. had the provisions of clause 36 of the letters patent been followed, the result would have been the same, since the opinion of woodroffe, j., who is the senior judge would prevail. under clause 15 of the letters ..... patent this appeal is clearly competent.2. the present suit is due to events primarily caused by the movements of the river ganges at a part where under the name of .....

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