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Judgment Search Results Home > Cases Phrase: patents Court: kolkata Year: 1935 Page 1 of about 47 results (0.008 seconds)

Aug 16 1935 (PC)

Maharaja Bahadur Guru Mohadev Asram Prosad Sahi of Hathwa Vs. Hastings ...

Court : Kolkata

Decided on : Aug-16-1935

Reported in : 164Ind.Cas.907

..... act viii of 1859. the particular clause giving jurisdiction was similar to the material part of the clause with which we are concerned in the letters patent here. the head-note sets out the facts as follows:the defendant being one of the proprietors of the fort and residence at b. in the ..... and therefore, it was true to say that he had ordinarily resided there.21. that section use the word 'reside'. in the clause of the letters patent the word is 'dwell'. we have been referred to dictionaries for the meaning of each word. to distinguish between the two words is a task which i ..... a time. does such an occupation of this house amount to his dwelling there at the commencement of the suit if the words of the letters patent had been 'shall actually dwell or be dwelling within the limits of territorial jurisdiction at the commencement of the suit' this question which is not easy ..... with the matter or attempt to apply section 21 of the code of civil procedure. in my view if this court has no jurisdiction under the letters patent, section 21 of the code of civil procedure cannot give it jurisdiction. that contention of mr. barwell, therefore, fails.16. the question next arises and ..... consider the instrument which gives this court its jurisdiction in a suit of this kind. that instrument is, by common consent, clause 12 of the letters patent of 1865. that reads :the high court of judicature at fort william in bengal in the exercise of its ordinary original civil jurisdiction shall be empowered to .....

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Dec 18 1935 (PC)

Sitaram Poddar and ors. Vs. Hariram Poddar and anr.

Court : Kolkata

Decided on : Dec-18-1935

Reported in : 165Ind.Cas.24

..... with particulars of various statements made in a petition asking for the transfer of a suit filed in the howrah court to this court under clause 13 of the letters patent.2. the defendant takes the point that i have no jurisdiction to direct particulars and that by reason of the language of order vi, rule 1, read with rule 4 .....

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Apr 08 1935 (PC)

In Re: Tushar Kanti Ghosh. Editor, Amrit Bazar Patrika, and anr.

Court : Kolkata

Decided on : Apr-08-1935

Reported in : AIR1935Cal419

..... the exercise of its original criminal jurisdiction. therefore, this matter is not one which falls within the purview of the provisions of clause 41, letters patent, of this court dated 1865. the proceedings for contempt of court of summary nature are proceedings derived from the common law of england. there is ..... biswas was the printer and publisher of the same.101. the application is made or purports to be made under clause 41 of the letters patent of this court dated 1865. that clause reads as follows:and we do further ordain that, from any judgment, order or sentence of the ..... the whole court would be to attempt something which upon a reasonable visualisation of its inevitable concomitants and implications would appear to be not only patently inconvenient and unseemly but also practically impossible. sir tej bahadur based the whole fabric of his argument on the question of jurisdiction upon the dictum ..... which an advocate of the high court at allahabad had been dealt with by that high court under sections 7 and 8 of its letters patent and the rule framed thereunder for having published an article which was a libel upon the judges in their judicial capacity and in reference to ..... of any offence upon a commitment made to it in manner hereinafter provided. nothing herein contained shall be deemed to affect the provisions of any letters patent granted under the high courts act, 1861, or any other provisions of this code. (2)(a) notwithstanding anything in this code contained, the advocate .....

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Jan 11 1935 (PC)

Commissioner of Income Tax, Bengal Vs. Hungerford Investment Trust, Lt ...

Court : Kolkata

Decided on : Jan-11-1935

Reported in : [1935]3ITR188(Cal)

..... in this code, any high court established under the indian high courts act, 1861, or the government of india act, 1915, may make such rules not inconsistent with the letter patent 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 affect the validity of any ..... the appeal including those who first heard it.'section 98 (3) provides that 'nothing in this section shall be deemed to alter or otherwise affect any provision of the letters patent of any high court.'section 109-112 and order 45 in the first schedule deal with the matter of appeals to the king in council.order 45, rule 2, provides ..... case the provisions of section 98 of the code of civil procedure, 1908, shall, so far as may be, apply notwithstanding anything contained in the letters patent of any high court established by letters patent or in any other law for the time being in force.'sub-section (2) provides that 'an appeal shall lie to high majesty in council from any .....

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Dec 05 1935 (PC)

(Rai) Kiran Chandra Roy Bahadur and ors. Vs. Brajendra Nath Chatterjee ...

Court : Kolkata

Decided on : Dec-05-1935

Reported in : AIR1937Cal26

..... -objections in s.a. 1706 and 1707 of 1933 are not pressed and are dismissed but without costs. the prayer for leave to appeal under section 15 of the letters patent is granted. (this judgment was affirmed on letters patent appeals nos. 2 and 3 of 1936 by guha and bartley, jj.)

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May 16 1935 (PC)

Ram Krishna Prodhan Vs. Sm. Kousalya Mani Dasi and ors.

Court : Kolkata

Decided on : May-16-1935

Reported in : AIR1935Cal689

..... for by the appellant is right. there was a difference of opinion between walmsley, j., and page, j., and although there was an appeal under section 15 of the letters patent the question now in controversy was not decided: prafulla v. bhabani, 1926 cal 121. we have the difficult task of deciding in the present case which of the conflicting opinions ..... as this court is concerned, the question arose in prafulla v. bhabani, 1926 cal 121 where walmsley, j., took view (b) while page, j., took view (a); on a letters patent appeal, it was held that there had been no proper surrender in the case at all, so that the question of the effect of a proper surrender was left open .....

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Jul 24 1935 (PC)

Bibhuti Bhusan Dutta and anr. Vs. Uday Chand Mahatap

Court : Kolkata

Decided on : Jul-24-1935

Reported in : AIR1935Cal766

..... , that is, in all rs. 38-2-6. the appeal is allowed with costs in all the courts. leave to prefer an appeal under the letters patent is allowed.6. [on appeal under the letters patent their lordships delivered the following]judgment.7. the facts of the case giving rise to this appeal have been stated in detail in the judgment of .....

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Dec 17 1935 (PC)

Aparna Prosad Chunder Vs. Chairman, Garulia Municipality, and anr.

Court : Kolkata

Decided on : Dec-17-1935

Reported in : AIR1936Cal123

..... , j., agreeing with the trial court and disagreeing with the first appellate court, has held that the clauses are to be read disjunctively. that view is challenged in this letters patent appeal.2. the appeal arises out of a suit for a declaration that the preparation of the electoral roll of the garulia municipality was contrary to the provisions of section ..... s.k. ghose, j.1. this is a letters patent appeal from a decision of r.c. mitter, j., and it raises a question with regard to the interpretation of section 18, bengal municipal act 1932. the question is whether .....

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Feb 01 1935 (PC)

Rai Satyendra Nath Ray Chaudhury Bahadur Vs. Pramananda Haldar and ors ...

Court : Kolkata

Decided on : Feb-01-1935

Reported in : 164Ind.Cas.437

..... , was that the kabuliyat was never intended to be acted upon; rampini, j., sitting singly held that oral evidence adduced to sustain the defence was not admissible but on letters patent appeal he was overruled by maclean, c.j., and macpherson, j. maclean, c.j., observed, firstly, that:evidence would be admissible to show that, as between the landlord and the ..... point of law erroneous.9. i accordingly hold that there is no substance in the appeal and it must be dismissed with costs.10. leave to appeal under the letters patent asked for is refused.

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May 16 1935 (PC)

Ram Krishna Prodhan Vs. Srimati Kousalya Manidasi and ors.

Court : Kolkata

Decided on : May-16-1935

Reported in : 158Ind.Cas.925

..... for by the appellant is right. there was a difference of opinion between walmsley, j., and page, j., and although there was an appeal under section 15 of the letters patent the question now in controversy was not decided: prafulla v. bhabani 52 c. 1018 : 91 ind. cas. 897 : a.i.r. 1928 cal. 121. we have the difficult task of ..... v. bhabain 52 c 1018 : 91 ind. cas. 897 : a.i.r. 1928 cal. 121 where walmsley, j., took view (b) while page, j., took view (a): on a letters patent appeal, it was held that there had been no proper surrender in the case at all, so that the question of the effect of a proper surrender was left open .....

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