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Judgment Search Results Home > Cases Phrase: patents Court: kolkata Year: 1977 Page 1 of about 23 results (0.009 seconds)

Jul 04 1977 (HC)

imperial Chemical Industries Ltd. Vs. Controller General of Patents, D ...

Court : Kolkata

Decided on : Jul-04-1977

Reported in : AIR1978Cal77

..... between indian explosives limited and the patentees cannot be a factor in deciding the terms for interim working of the patented invention by the applicants. i am of the opinion that even the 3% royalty on the ex-factory sale price offered by sunil kumar basu on behalf of the applicants ..... .200,000 by indian explosives limited to the patentees. the possibility of collaboration between the patentees and the indian explosives limited extending even after the expiry of the term of patent no. 77950 cannot be ruled out. further, it is well-known that indian explosives ltd. and the patentees are closely allied and associated; accordingly, whatever agreement may be made ..... 1) the applicants, catalysts and chemicals india (west asia) limited shall have the full licence and authority to use or exercise the process claimed in claims 19-24 of indian patent. specification no. 77950 and to use, sell, distribute and dispose of the catalyst manufactured by such manufacturer and hereby permit the person(s) purchasing the catalysts so manufactured by the ..... metal or alkaline earth and metal compound which is readily soluble in water and is applied to the nickel and refractory oxide material catalyst components by impregnation.'3. the said patent contained several examples indicatory of the operations of the catalyst. claims 19 to 24 according to the appellant dealt with the methods of producing the catalyst as indicated in claims .....

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Apr 07 1977 (HC)

Kanailal Dholey and ors. Vs. Kalicharan Chatterjee and ors.

Court : Kolkata

Decided on : Apr-07-1977

Reported in : AIR1977Cal499,81CWN707

..... chittatosh mookerji j. who affirmed the decision of the lower appellate court. against the decision in the said second appeal the appellants obtained leave under clause 15 of the letters patent and they have filed the present appeal. 3. mr. basu, learned advocate appearing on behalf of the appellants, has, in the first place, contended that the defendant no. 2 sudhanya ..... janah, j. 1. this is a letters patent appeal arising out of a second appeal. the heirs and legal representatives of the defendant no. 1 are the appellants before us. 2. the plaintiff-respondent instituted a suit for .....

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Apr 04 1977 (HC)

State of West Bengal Etc. Vs. Mir Fakir Mohammad Etc.

Court : Kolkata

Decided on : Apr-04-1977

Reported in : AIR1977Cal285

..... within the time prescribed by the rules and subsequent to the delivery of judgment an application in writing is filed under clause 15 of the letters patent. for various reasons the court might not have passed orders upon the application at an early date, but when ultimately the certificate is granted the ..... appeal is deemed to toe accepted by the court. the condition precedent is, therefore, a certificate to be granted under clause 15 of the letters patent and further the filing of the memorandum of appeal ag prescribed by the rules of the high court. there is no other procedure for admission of ..... copy of the judgment complained against before an authorised officer of the high court and if a certificate is granted under clause 15 of the letters patent by the judge concerned then that certificate has got to be endorsed upon memorandum of appeal. if the memorandum of appeal already presented within time ..... 100 of the principal act, the following section shall be inserted :--'100a. no further appeal in certain cases. notwithstanding anything contained in any letters patent for any high court or in any other instrument having the force of law or in any other for the time being in force, where any ..... of the respondent-opposite party in the other application raised a preliminary objection as to the maintainability of the application under clause 15 of the letters patent in view of the introduction of the amendment of the civil p. c. by the amending act of 1976. their contention is that after .....

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Aug 26 1977 (HC)

Smt. Anusua Dhirajlal Kanakia Vs. Promode Kumar Banerjee and ors.

Court : Kolkata

Decided on : Aug-26-1977

Reported in : AIR1978Cal249,82CWN313

..... the respondent opposite parties no. 1, disputed such submissions of mr, deb and submitted that a right of appeal under clause 15 of the letters patent is not a vested right. it is a discretion left or vested with the court concerned. he further submitted that even in terms of the determination ..... passed in such appeal'. and submitted that even after the incorporation of the said section 100a, the appeal under ci. 15 of the letters patent would not be barred in a proceeding which was initiated earlier and wherefrom such appeal under the old provisions of the code ordinarily would have ..... of the principal act, the following section shall be inserted, namely:-- '100a. no further appeal in certain cases notwithstanding anything contained in any letters patent for any high court or in any other instrument having the force of law or in any other law for the time being in force, where ..... the determination as made by the learned courts below.6. from such determination, the present application for leave to file an appeal underciause 15 of the letters patent was affirmed and filed on may 24, 1977, on the grounds as mentioned therein.7. mr. b. c. deb, learned advocate appearing for the ..... the civil p. c. (amendment) act, 1976, an appeal, out of a proceeding initiated earlier would be maintainable under clause 15 of the letters patent.3. the respondent opposite parties are admittedly joint owners of premises no. 8, ashutosh mukherjee road (hereinafter referred to as the said premises), where there .....

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Jul 05 1977 (HC)

Basdeo Prasad Khemka Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Jul-05-1977

Reported in : AIR1978Cal100,81CWN1047

..... judge. from that endorsement alone, it would be evident that the solicitor for the plaintiff must have applied for leave under clause 12 of the letters patent otherwise that endorsement would not have been there. it is true, grant of leave is not a mere formality and the solicitor must not take ..... cause of action was only partly within the jurisdiction of this high court and hence leave of the court under clause 12 of the letters patent was necessary in order that this court might have jurisdiction to entertain the case but the plaintiff and the attorney did not make any application for ..... of the limitation act as there has been negligence and laches on the part of the plaintiff in not obtaining leave under clause 12 of the letters patent. as such the plaintiff cannot contend that he prosecuted the previous proceeding in good faith and with due diligence. in this respect he relied on ..... .2. the then prevalent practice of obtaining leave under clause 12 of the letters patent was different from what it is now today. in the sense, the plaintiff through its solicitor or advocate had to file the plaint with the ..... action arose within and part of the cause of action arose outside the jurisdiction, it became necessary to obtain leave under clause 12 of the letters patent. on 22nd march 1949 the plaintiff served a notice under section 80 of the civil procedure code on the defendant and it was received on 19th april 1949 .....

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Sep 27 1977 (HC)

Union of India (Uoi) Vs. Kuppuswamy Naicker

Court : Kolkata

Decided on : Sep-27-1977

Reported in : AIR1978Cal211

..... above, the principal may demand that the rendition of accounts should be in calcutta. we cannot, therefore, hold that leave under clause 12 of the letters patent was not properly obtained and should be revoked. we cannot hold that the balance of convenience is in favour of the defendant.20. mr. roy chowdhury ..... in calcutta or to a person named by the principal. in these premises, it is difficult for us to revoke leave under clause 12 of the letters patent.18. the same principles have been communicated in 'bowstead on agency' 14th edition, article 53 at page 159. in this article it is observed as ..... that no part of the cause of action arose within the jurisdiction of the court and, as such, leave granted under clause 12 of the letters patent should be revoked. mr. ghose's' point is that according to the plaint the contract was made in calcutta. that contract would be evidenced by ..... the defendant's case. principally on the ground of balance of convenience, ghose j., has revoked the leave granted under clause 12 of the letters patent.7. it is well settled that in giving or refusing leave or maintaining or revoking leave the court would ordinarily take into consideration the balance of convenience ..... this court.6. the learned trial judge has rightly pointed out that in an application for revocation of leave granted under clause 12 of the letters patent, the court has to proceed on the basis that the allegations made in the plaint are true. the learned trial judge has, therefore, accepted as .....

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Sep 21 1977 (HC)

Mulchand Doshi Vs. Dalam Chand Bengani and ors.

Court : Kolkata

Decided on : Sep-21-1977

Reported in : AIR1978Cal352

..... harit reported in : [1974]3scr109 and in the case of satish kumar v. surinder kumar reported in : [1969]2scr244 an award which is ex facie and patently in violation of section 17 of the registration act was a nullity and a decree passed on such an award was also a nullity. there, of course, no question ..... to proceed on the basis that where the question whether an award requires registration or not has to be adjudicated and the award is not ex facie or patently clear on that aspect; in such a case an adjudication that goes to the existence of the award must only be by the procedure enjoined by section ..... to give effect to it. i need not go into the question whether in case of an award which is ex facie or patently bad the same could be set aside or required to be set aside and if so whether there is any procedure of setting aside apart from or ..... proceeding might be necessary to challenge the validity of the reference in certain cases.10. whatever may be the position in case of an award which is patently and ex facie bad because of non-registration, in this case an adjudication is necessary to find out whether the award requires registration or not in order ..... has averred to that effect and the same has further been disputed by the respondent. it is clear, however, that the award as such ex facie or patently ls not inadmissible nor bad for lack of registration. in order to determine whether the award is bad or not it is necessary to adjudicate whether the property .....

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Apr 22 1977 (HC)

Foundation Overseas Ltd. Vs. Punjab National Bank Ltd. and anr.

Court : Kolkata

Decided on : Apr-22-1977

Reported in : AIR1977Cal428

..... valuable right, viz., right to proceed with the suit. therefore, in my view, the order is a judgment within the meaning of ci. 15 of the letters patent. the order finally determines tht rights of the parties by dismissing the suit, unless the condition is complied with, so, appeal lies against the order on the ..... made by e judge of the original side of the court rejecting an application for restorationis also a judgment within the meaning of clause 15 of the letters patent and as such it is appealable. the order of the learned judge in the instant case is a conditional order. the effect of the conditional order ..... , air 1927 bom 1, he has also submitted that the order of the learned judge is a judgment within the meaning of clause 15 of the letters patent, because, the effect of the order is that it is a final order and as such it is appealable. he has referred to the full bench decision ..... decisions and. accordingly, hold that the appeal is not premature and the order appealed from is a judgment within the meaning of clause 15 of the letters patent. that being the position, it is not necessary for me to consider whether the order appealed from is without jurisdiction on the ground that such an order ..... not in an order allowing the application and if that be the position it would become a judgment within the meaning of clause 15 of the letters patent of 18fi5 and on that basis it would become appealable.25. a bench of this court in the case of chattu lal misser v. marwari commercial bank .....

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Dec 08 1977 (HC)

Bibhuti Bhusan Chakravarti and anr. Vs. Tarun Gupta

Court : Kolkata

Decided on : Dec-08-1977

Reported in : AIR1978Cal302

..... his forum. if i had not taken the view that the suit was not barred by limitation i would not have revoked the leave under clause 12 of the letters patent in this application on this ground. 7. for the reasons mentioned hereinbefore, there will be an order in terms of prayer (a) of the petition. 8. each party is to ..... lapse of time. 5. this view is sufficient to dispose of this application but it was urged that on the balance of convenience leave under clause 12 of the letters patent should be revoked. part of the cause of action arose within the jurisdiction of this court because the summons for the criminal prosecution was served at calcutta within the jurisdiction ..... thecriminal proceedingsrs. 25,000.00(v)damages for injury to reputation and humiliationrs. 50,000.00 totalrs. 1,16,304.20 after obtaining leave under clause 12 of the letters patent the plaintiffs have instituted this suit. 2. this application has been made by the defendant for revocation of leave under clause 12 of the letters ..... patent on the ground of balance of convenience and secondly for dismissal of the suit on the ground of limitation. it is indisputable that the summons of the criminal proceedings was .....

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Jun 02 1977 (HC)

Shah Prabhudas Gulabchand and anr. Vs. Eurasian Equipments and Chemica ...

Court : Kolkata

Decided on : Jun-02-1977

Reported in : AIR1977Cal449

..... dena bank.5. the defendants nos, 1 and 2 thereafter made this application for stay of this suit and also for revocation of leave under clause 12 of the letters patent. the said application of the defendant no. 2 was opposed by the plaintiff and also by the defendant no. 3. the learned trial judge was pleased to dismiss the said ..... and decree for such sum as may be found due to the plaintiff, interest and other reliefs.3. the plaintiff also prayed for leave under clause 12 of the letters patent and under order ii, rule 2 of the civil p. c. the plaintiff entered into a contract with the defendant no. 2 who is the sole proprietor of the defendant ..... of the suit filed by the plaintiff in this court, for an injunction restraining the plaintiff from proceeding with the suit, for revoking leave under clause 12 of the letters patent and for other reliefs.2. the plaintiff instituted this suit in this court on the 26th april, 1976. in the suit, the prayer of the plaintiff is for a decree .....

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