Court : Kolkata
Decided on : Sep-05-1960
Reported in : AIR1962Cal69
..... utilities ltd., of which the relevant paragraph is as follows : 'i understand you are manufacturing a certain kettle which is an infringement of patent no. 165299 vested in a client of mine. unless i receive forthwith your assurance that you will at once cease manufacturing such kettles i shall ..... that they have been selling crushing machines of the type for which monopoly is wrongly claimed by the defendant by virtue of the said patent on an extensive scale and that the plaintiffs have suffered damages because of the threats contained in the said letter of 18th of july, ..... feature was too wellknpwn in machines prior to the date of the said application. our clients are of the opinion that the patent office granted the patent without having the knowledge that machines including the feature as claimed in claim 1 of 63186 were already available in the market in ..... manufacturing, selling and/or offering for sale crushing machines falling within the scope of the abovementioned patent as well as essential component parts of such machines. the addressee was called upon (i) to desist forthwith from manufacturing, selling and/or ..... 15 chaulpati road, belliaghata, calcutta, stating that the defendant enjoyed exclusive right to manufacture, sell and use any crushing machine covered by the said patent as well as component parts specially intended for such crushing machines, that it had come to the defendant's knowledge that the addressee had been .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-04-1960
Reported in : AIR1960Cal582,64CWN861
..... order or decree, appealed from, suggesting -- or, at least purporting to suggest, -- thereby that the word 'judgment' in clause 15 of the letters patent should better be left undefined and, in each case, it should be construed with reference to the particular order (decision) before the court, its form and ..... on an application which is nothing more than a step towards obtaining final adjudication in the suit is not a judgment within the meaning of the letters patent.' this was necessary, as, otherwise, as pointed out by the supreme court in asrumati's case, : 4scr1159 , (supra), the above ..... wn 242: (air 1922 cal 172). similar attempts are also discernible in some of the later or more recent decisions of this court, including the letters patent bench decision in the case of brojo gopal roy v. amar chandra : air1929cal214 and the subsequent bench decision in the case of : air1935cal35 , in ..... was placed by their lordships of the rangoon high court for supporting their above view, the last two were cases under clause 39 of the letters patent, which uses the terms 'final judgment, decree or order,' this showing that the real emphasis of the judicial committee was on finality and formality vis ..... and 'order' came to be clearly differentiated after the passing of the judicature acts'. if one wanted to ascertain what the framers of the letters patent had really in mind when they used the word 'judgment' one would perhaps have to make a search in the vocabulary of the old english lawyers .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-25-1960
Reported in : AIR1960Cal681,44ITR746(Cal)
..... patent rights. the surplus arising on the sale of the foreign patent was held to be trade profit and the claim of the company that the surplus ..... 132 at pp. 138, 141-2: 13 tax cas 366, the main business of the company was the granting of manufacturing licenses under its patents but it always contemplated the possibility of sale of its interest in the foreign patents. the company sold its rights in a foreign patent. during the twenty-two years of its existence this was the only sale of .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-15-1960
Reported in : AIR1963Cal380,65CWN191,[1962(5)FLR154]
..... based upon that traditional distinction.29. the distinction, indeed, is fundamental and it is of ancient origin. it is to be found in the letters patent (with just a slight difference, to be explained hereinbelow) and preserved and maintained in the constitutional enactments, the government of india acts, 1915/1919 ..... with the substantive law, but does not deal with the law relating to jurisdiction, procedure and practice. so far as clause 12 of the letters patent is concerned, at the highest, it can be said that it consists partly of procedure and practice and partly of jurisdictional law. therefore, in ..... far as the 'law administered in any existing high court' is concerned, that has inter alia a reference to clause 19 of the letters patent and relates to substantive law. here, therefore, we find that a clear distinction has been made between the jurisdictional law and the substantive law ..... laws hitherto administered in that jurisdiction. the point is emphasized in paragraph 24 of the despatch from the secretary of state accompanying the letters patent of 1862. the law for the time being administered by the high court in the exercise of its ordinary original civil jurisdiction is the ..... jurisdiction is a law administered by the high court in its ordinary original civil jurisdiction, (b) that consequently clause 12 of the letters patent prescribes the conditions upon which the city civil court can assume jurisdiction to entertain and try suits. i am unable to accept these contentions.6 .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-11-1960
Reported in : AIR1960Cal430,64CWN765
..... private company which certainly carried on business. that a private company or corporation can carry on business within the meaning of clause 12 of the letters patent is too well settled to permit re-agitation. the point here is, whether a state or government can be said fo cany on business within ..... government has got no privileged position in regard to these contracts nor can it have any privileged position for purposes of clause 12 of the letters patent or section 20, civil p.c. unless the law lays down expressly that these provisions or parts of these provisions have no application to business undertakings ..... anxious and careful consideration to the problem and i have come to this conclusion that this is not what was intended by clause 12 of the letters patent.'4. this view has been accepted as correct by the bombay and madras high courts in : air1954bom129 and : air1955mad345 , and has been followed uniformly ..... cannot be said to be carrying on business within the meaning of section 20 of the code of civil procedure or clause 12 of the letters patent, is not correct and requires modification due to a change in the conception of the state brought about by the constitution of india, which envisages ..... section 80 of the code of civil procedure filed a suit in this court on 14th july, 1950. no leave under clause 12 of the letters patent was however, obtained before institution of the suit. the learned trial judge has dismissed the suit on the preliminary ground that this court has no .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-26-1960
Reported in : AIR1960Cal626,64CWN439
..... dealing with land outside the original jurisdiction of this court. nor do i think it is necessary to recapitulate historically over again the charter, the letters patent and the case law on the point so exhaustively discussed both by gentle, j. and das, j. in the two decisions delivered by them.23. ..... high courts in the ordinary original civil jurisdiction. in fact his lordship goes further to say that there is nothing in clause 12 of the letters patent to exclude such equity jurisdiction nor is this jurisdiction confined to the cases of express trusts. kania, c. j. held that approaching the question in ..... of bihar, : air1959cal767 , which has been cited at the bar before us discussed the expression 'suit for land' in clause 12 of the letters patent. itproceeded to lay down that the primary object of the 'suit should be the determining factor for this purpose. that special bench decision however did not discuss ..... specific performance of a contract for the sale of land was not a suit for land within the meaning of clause 12 of the letters patent and this court had jurisdiction to entertain such a suit even though the land was situated outside the local limits of the ordinary original civil ..... an agreement to grant him a sublease brought by the intended lessee is not a suit for land within the meaning of clause 12 of the letters patent. these arguments deserve careful consideration. the appellant relied on the decision of a single judge of this court in : air1959cal302 .8. i shall take .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-12-1960
Reported in : AIR1961Cal386
..... appellant enables us to hold that the order against which the appeal is directed in the present case is a judgment under clause 15 of the letters patent. on the merits also, as i have already said, the order is merely one regulating the procedure in the suit and is a step towards obtaining ..... the abatement of a suit is a decision affecting the merits of the case and is, therefore, a judgment within the meaning of clause 15 of the letters patent.8. reliance was also placed upon a very recent decision of this court in the case of mohammad felumeah v. s. mondal, : air1960cal582 which was an ..... air 1922 cal 335) where it was held that an order setting aside an abatement of a suit is a 'judgment' under clause 15 of the letters patent. this case is also distinguishable from the facts of the present case because abatement of a suit against a particular defendant has the inevitable result of the ..... which is nothing more than a step towards obtaining a final adjudication in the suit, is not a judgment within the meaning of clause 15 of the letters patent'.4. the real question in the present case, therefore, is whether the order made by sankar prasad mitra, j. is an adjudication of some right or ..... it is well known that according to sir richard couch, c, j., in order to be a judgment within the meaning of clause 15 of the letters patent, the adjudication must be 'a decision which affects the merits of the question between the parties by determining some right or liability'. this test was laid down .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-10-1960
Reported in : AIR1960Cal494
..... pressed in cross-examination stated that on the day following his expulsion from 16, mullick street, he lodged a complaint with the police. this is patently false. had there been such an important piece of evidence, the plaintiff would have tendered it. the story of locking the doors of 16, ..... expressed my view that in a suit for land partly situate within and partly outside jurisdiction, instituted after obtaining leave under clause 12 of the letters patent, no fresh leave for amendment is necessary if the plaint is subsequently amended. further, the new cause of action introduced by the amendment in the ..... so without obtaining leave under, clause 12 of the charter. sale, j. took the view that the words in clause 12 of the letters patent restrictive of the exercise by the court of its jurisdiction must be construed strictly. the restrictive words being only applicable to the plaintiff and there ..... be entertained by this court.8. the point for consideration is whether the plaintiff should have obtained leave under clause 12. of the letters patent when either of the amendments were effected. i propose to consider the two amendments separately inasmuch as the firsh amendment was effected not at the ..... son of ramprotap. as part of theestate left by ramprotap is situate outside the jurisdiction of this court, leave under clause 12 of the letters patent has been obtained. ramprotap had another daughter sm. ganapaty saraogi by a predeceased wife. at the time of death of munia, ramprotap had no .....Tag this Judgment!
Court : Kolkata
Decided on : May-17-1960
Reported in : AIR1961Cal144,31CompCas45(Cal),64CWN828
..... wound up.'in re: german date coffee co., (1882) 20 ch d 169, the primary object of the company was to acquire and work certain specified inventions for which a patent had been granted by the empire of germany. there were other objects, including the acquisition of inventions for cognate purposes. the primary object had failed, for a german ..... patent was refused. it was held that on the true construction of the memorandum all the other objects were merely ancillary provisions and therefore the substratum was gone.11. the learned ..... patent and it rails to acquire that patent, to compel the shareholders to remain bound together in order to work some other patent or make some unpatented article is to force them into a different adventure to that which they contracted to engage together; but ..... , the object of the company is frustrated, because the subject matter which the company was formed to exploit has ceased to exist. it is exactly the same way with a patent, as, in the well known german date coffee case. a patent is a defined subject matter, and, if the main object of a company is to acquire and work a .....Tag this Judgment!
Court : Kolkata
Decided on : May-18-1960
Reported in : AIR1961Cal422
..... property which is within the jurisdiction of the bombay court.' counsel for the plaintiff relied on this observation made in 1874 to show that when clause 12 of the letters patent within the first decade of its introduction was being interpreted, this court was hesitant to appoint a receiver in respect of property lying at bombay. counsel contended that such doubt ..... original side, it had and has all the powers which the supreme court had. the supreme court was a court of equity and under the 18th clause of the letters patent, it assimilated its powers and authority to the court of chancery in england. the process of the court of chancery was in its origin against the person in order to ..... and prove that, the suit would have been dismissed even if the plaintiff instituted the suit with leave under; clause 12 of the letters patent. the reason is obvious that leave under clause 13 of the letters patent could not invest this court with jurisdiction to try a suit for land if the land was situated outside the jurisdiction of this court .....Tag this Judgment!