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Judgment Search Results Home > Cases Phrase: patents Court: kolkata Year: 1937 Page 1 of about 37 results (0.012 seconds)

Feb 08 1937 (PC)

In Re: Hiralal Banjara

Court : Kolkata

Decided on : Feb-08-1937

Reported in : AIR1937Cal365

..... that unless some further provision is made by the legislature, it is very likely that there will be conflicting decisions with regard to the same patent by different high courts. some difficulty also is caused by the provisions of section 64, which refer to the high court, without specifying which ..... against the plaintiff, and purported, in respect of a counterclaim made by the defendant, to revoke the patent. there was an appeal, but the particular question with which i have to deal now was not raised or discussed by their lordships of the ..... to bring any suit for infringement of patent rights regarding the patent in question. but the court, having assumed that the plaintiff had such rights, proceeded to deal with the issues raised and gave judgment ..... , the latter had not registered the assignment under the provisions of section 63, indian patents and designs act. therefore he was not the patentee within the meaning of the act (section 2, sub-section 12), and had no right ..... that suit. that was a suit by one ghanesyamdas jagnani against ram narayan ganeshnarain, the plaintiff apparently alleged that he was the proprietor of the patent in question, which had been originally granted to the petitioner. but the fact was that although the petitioner had assigned his rights to that plaintiff .....

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Mar 20 1937 (PC)

North British and Mercantile Insurance Co. Vs. Re.

Court : Kolkata

Decided on : Mar-20-1937

Reported in : [1937]5ITR349(Cal)

..... made under it can abridge a right conferred by the statute itself.'i would refer also to the judgment of lord herschell, l.c., in the case of institute of patent agents v. joseph lockwood, who in his speech in the house of lords as appearing in page 360, said :'no doubt there might be some conflict between a rule and ..... of sec. 8 as far as life assurance companies were concerned. i am unable to agree with that agrument. in the case of the institute of patent agents v. lockwood, rules were made under the patents, designs and trade marks act. the act declared that rules which were made in the prescribed manner were to be of the same effect as if .....

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Jul 21 1937 (PC)

Sailesh Kumar Singh Vs. Nursing Pandey

Court : Kolkata

Decided on : Jul-21-1937

Reported in : AIR1938Cal271

..... defendant's contention is that the court has no jurisdiction to entertain the suit because it is a suit for land within the meaning of clause 12 of the letters patent, such land being situated wholly outside the local limits of the territorial jurisdiction of the original side. the words 'suits for land or other immovable property' in clause 12 have ..... plaintiff's majority, in or about the month of april 1935. para. 8 also alleges that the plain. tiff institutes the suit with leave under clause 12 of the letters patent. there should, strictly speaking, be a prayer that such leave be granted. i am however willing to treat the allegation as the equivalent of a prayer. leave under clause 12 ..... contract for the sale of land outside madras made in madras, by parties resident therein, is not a suit for land, within the meaning of clause 12 of the letters patent. the decision is at variance with decisions of this court, and i merely mention it in order to refer to certain obiter dicta of venkatasubba rao j. at p. 823 .....

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Feb 10 1937 (PC)

Chairman, Midnapore District Board Vs. Monmotha Nath Mondal and ors.

Court : Kolkata

Decided on : Feb-10-1937

Reported in : AIR1937Cal289

..... set aside the injunction asked for by the plaintiffs should issue. costs to appellants in all the courts. leave is granted to the respondents to appeal under clause 15, letters patent.letters patent appeal no. 14judgment11. this appeal is dismissed subject to this that the injunction granted in favour of the plaintiffs will be altered in this way. it is further ordered .....

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Feb 18 1937 (PC)

Sashi Mohan Basak and ors. Vs. Shebaits of the Gods Sri Sri Lakshmi Na ...

Court : Kolkata

Decided on : Feb-18-1937

Reported in : AIR1937Cal331,173Ind.Cas.885

..... and arises out of a suit in ejectment. stripped of all details, the fact on which the questions of law which fall for determination in this letters patent appeal depend are these: the disputed premises from which ejectment is sought represent a part of a haveli or a pucca building which in subsequent partition proceedings of the said ..... d.n. mitter, j.1. this is an appeal under section 15, letters patent from a judgment of rupendra coomar mitter, j., by which he modified the concurrent decrees of the courts below. the appeal before us was preferred on behalf of the defendants .....

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Feb 11 1937 (PC)

Sailendra Nath Singha and anr. Vs. Keshab Chandra Choudhury

Court : Kolkata

Decided on : Feb-11-1937

Reported in : AIR1937Cal347

..... necessary to state the facts as they have been stated with sufficient fulness in the judgment of mukerji, j. the question of law which falls for determination in this letters patent appeal is one which concerns limitation. it appears that the suit which was instituted by the plaintiff was one in which he sought for a decree for sale upon a ..... d.n. mitter, j.1. this is an appeal by the plaintiff under section 15, letters patent, against the decision of manmatha nath mukerji, j., by which his suit for recovery of a certain sum of money on a personal covenant contained in a deed purporting to .....

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May 11 1937 (PC)

All India Sugar Mills Ltd. Vs. Sardar Sunder Singh

Court : Kolkata

Decided on : May-11-1937

Reported in : AIR1937Cal593

..... purchaser for specific performance of an agreement to sell land outside the jurisdiction of this court, fails for want of jurisdiction having regard to the terms of c1. 12, letters patent.19. i have taken no note of the first prayer in which the relief asked for is an investigation of the defendant's title. no argument has been based upon ..... ameer ali, j.1. this is again clause 12 of the letters patent, 'suit for land', and mr. clough in a fighting, or at any rate an ambitious mood, asks me to hold that a suit by a purchaser for specific performance of .....

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Jul 16 1937 (PC)

Abdul Khaleque Vs. Susil Chandra Chaudhuri and ors.

Court : Kolkata

Decided on : Jul-16-1937

Reported in : AIR1938Cal13

..... barna air 1920 cal 897 which is on all fours with the present case, he dismissed the appeal and gave leave to the defendant to appeal under section 15, letters patent. the order of 14th november 1929 allowing the plaintiffs to withdraw from the previous suit with liberty to institute a fresh suit on the same cause of action and directing ..... 1. the only point for determination in this letters patent appeal by the defendants is whether the suit out of which this appeal arises is maintainable in view of the fact that the plaintiff. respondents did not pay the costs .....

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Jul 30 1937 (PC)

Forman Ali Miji and ors. Vs. Uzir Ali Shek and ors.

Court : Kolkata

Decided on : Jul-30-1937

Reported in : AIR1938Cal157

..... that though the gift was procured by undue influence, yet the plaintiffs being purchasers for value with-out notice, the right of revocation cannot be exercised against them. the letters patent appeal is therefore allowed. the decision of m. c. ghosh j. is set aside and that of the lower appellate court restored with costs in all the courts.nasim ali ..... b.k. mukherjea, j.1. this appeal, under clause (15) of the letters patent, is directed against the judgment of my learned brother m. g. ghose j. passed in s.a. no. 1982 of 1934. the appellants are the plaintiffs and the suit was .....

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Apr 29 1937 (PC)

Tulsi Charan Goswami Vs. M. Azizul Huque

Court : Kolkata

Decided on : Apr-29-1937

Reported in : AIR1938Cal163

..... called instruments of instructions which may be issued by his majesty to the governor of a province. it is admitted that letters patent have been issued creating the office of governor of bengal under the government of india act, 19(5. it is also admitted that no commission has been issued under the ..... a governor of bengal under the act of 1935 is different from his position under the old act. the office of governor under the new act is created by letters patent, and the appointment to that office is made by a commission under the royal sign manual. section 53 of the act of 1935 provides for the issue of certain documents .....

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