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Judgment Search Results Home > Cases Phrase: patents Court: kolkata Year: 1980 Page 1 of about 25 results (0.017 seconds)

Jul 03 1980 (HC)

income-tax Officer and ors. Vs. Shriram Bearings Ltd.

Court : Kolkata

Decided on : Jul-03-1980

Reported in : [1987]164ITR419(Cal)

..... or drafts, which might be useful to introduce licensed preparations and to promote their sale in india. it granted to the assessee full and sole right and licence under the patent listed in the agreement to make, use, exercise and vend the inventions specified therein in india and also a licence to use certain specified trade marks in the territory subject ..... production of products of a quality comparable to the quality of n. s. k.'s products. the trade secrets or technical know-how, inter alia, include the right of using patent rights and advice of plant layout and installation. the price for the sale of trade secrets by n. s. k. to the respondent company has been fixed at a total ..... the written consent of the swiss company, not to assign the benefit of the agreement or grant sub-licences on the patents and trade marks, and (c) upon termination of the agreement for any cause, to cease to use the patents and trade marks and to return to the swiss company all copies ofinformation, scientific data or material sent to it and .....

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Jun 09 1980 (HC)

Commissioner of Income-tax (Central), Calcutta Vs. Anglo India Jute Mi ...

Court : Kolkata

Decided on : Jun-09-1980

Reported in : [1981]129ITR352(Cal)

..... that capital gains are assessable in the case of transfer of goodwill, the indian act did not have in contemplation, when enacting section 12b, that self-created assets like copyright, patents and goodwill should be subjected to capital gains arising on their transfer. it is enough to say that, complex and difficult as this question is, we are not satisfied that ..... that capital gains are assessable in the case of transfer of goodwill, the indian act did not have in contemplation when enacting s. 12b that self-created assets like copyright, patents and goodwill should be subjected to capital gains arising on their transfer and hence capital gains on the transfer of a goodwill were not liable to be taxed under s .....

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Feb 06 1980 (HC)

Sm. Ashalata Dey and ors. Vs. Kamal Kumar Bose

Court : Kolkata

Decided on : Feb-06-1980

Reported in : AIR1980Cal271,(1981)1CompLJ235(Cal)

..... supreme court reversed the aforesaid decision of this court the necessity for such an amendment did arise. the plaintiffs therefore have filed the application for amendment in the pending letters patent appeal arid there is neither any gross delay nor does the delay affect or prejudice the defendant in any manner. such being the position, we find no reason why we ..... accordingly. the defendant's appeal was disposed of accordingly on june 26, 1973. against that decision both the plaintiff and the defendant have preferred two independent appeals being the letters patent appeal referred to hereinbefore.5. on nov. 20, 1974 the supreme court reversed the decision of this court in the case of sailendra nath ghosal as above and upheld the ..... order1. this is an application for amendment of the plaint filed in these two letters patent appeals which arise out of a suit for eviction. the application has been heard on contest by the tenant-defendant who is appellant in one of these appeals and respondent .....

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Feb 26 1980 (HC)

Smt. Ashalata Dey and ors. Vs. Kamal Kumar Bose

Court : Kolkata

Decided on : Feb-26-1980

Reported in : AIR1981Cal36

..... . such an objection is now being sought to be raised at a very belated stage when we started hearing the two cross-appeals filed under clause 15 of the letters patent. the defendant states that he wants to raise such an objection in view of the decision of the supreme court in the case of maulavi abdur rub firoze ahmed & co ..... the conclusion that it would not be just and proper for us to allow the defendant to raise such an objection so late and at this stage of the letters patent appeal. in substance, the objection now sought to be raised is that the suit .had not been properly valued by the plaintiff when he valued the suit at rs. 1 .....

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Jul 29 1980 (HC)

United Commercial Bank Vs. Sanatan Bastushilpa Pratisthan Pvt. Ltd.

Court : Kolkata

Decided on : Jul-29-1980

Reported in : AIR1981Cal146

..... 1859 and that appearing in clause 12 or to read the amended section 16 of the code of 1877 or 1882 or 1908 into clause 12, letters patent. in my humble opinion, the historical method of construction errs in not taking into consideration the basic historical difference in the jursdiction of the supreme court ..... ) noted the historical back ground of the civil procedure code from 1859 to 1908 vis-a-vis the letters patent of this court and in particular clause 12 thereof. his lordship noted the change made in the civil procedure code from section 5 of the 1859 code to section 16 ..... nagendra n. saha : air1960cal484 (supra) i hold that part of the plaint herein could not therefore be rejected by revoking the leave under clause 12 of the letters patent in respect of such part only. in sm. khatun bibi v. lilabati dassi (air 1949 cal 128), s. r. das, j. (as his lordship then was ..... to amend the plaint in the execution proceedings to include a claim for possession. in an application for revocation of leave underclause 12 of the letters patent the court has to proceed on the basis of the plaint as filed not on the basis of what might happen in future. if possession has ..... in air 1916 cal 557 where a division bench of this court held that the expression 'suit for land' was used in clause 12 of the letters patent because there was its equivalent in section 6 of the codes of civil procedure, 1859 and 1877 which covered suits for the recovery of immovable property, ( .....

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Dec 03 1980 (HC)

State Bank of India Vs. B.M.S. Engineering Works (Pvt.) Ltd. and ors.

Court : Kolkata

Decided on : Dec-03-1980

Reported in : AIR1981Cal231

..... would not be so preponderantly inconvenient if the suit is tried in this court.3. as to the revocation of leave under clause 12 of the letters patent, after all it has to be reiterated and 1 had observed more than once that the cardinal principle of balance of convenience, is, that the defendant ..... are material. for the last item there is no document.2. on behalf of the defendant no. 1 revocation of leave under clause 12 of the letters patent was asked for on two grounds, viz. no part of cause of action had arisen within the jurisdiction of this court and secondly that the balance of ..... in a suit rather than to try them piecemeal and revoke leave under clause 12 of the letters patent. on the same grounds, learned advocate for the plaintiff contended that leave under clause 12 of the letters patent had not been claimed on this plea alone but it had been sought on the promise to pay ..... preponderantly in favour of the defendant no. 1 as to revoke leave under clause 12 of the letters patent on that ground.4. the next ground, however, upon which revocation of leave under clause 12 of the letters patent was sought, was that no part of cause of action had arisen within the jurisdiction of this ..... ordersabyasachi mukharji, j. 1. this is an application for revocation of leave under clause 12 of the letters patent. leave under clause 12 of the letters patent was obtained on the averments made in paragraph 7 of the plaint. this paragraph refers to two documents, viz., the document dated 10th march .....

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Sep 17 1980 (HC)

Jyoti Bhusan Mukherjee Vs. Eastern Tea Company Ltd.

Court : Kolkata

Decided on : Sep-17-1980

Reported in : AIR1981Cal192

..... would be proper for a court not to decide such questions on interlocutory application except in clearest cases while revoking leave under ci. 12 of the letters patent the court will have to look into the averments as made out in the plaint. from the perusal of the plaint it seems that no part of ..... air 1949 cal 495 certain tests have been laid down to be applied in an application for revocation of leave granted under clause 12 of the letters patent and one of the test is that where only a part of a cause of action arises then it is a question of discretion with the court ..... plaint also does not disclose any cause of action against the defendants nos. 2 to 11. the plaintiff has obtained leave under clause 12 of the letters patent on the basis of the averments made in paragraphs 15 and 19 of the plaint which read as follows:'15. the aforesaid representation of the company and its ..... the orders to be passed by this court and for other consequential reliefs. before filing this suit, the plaintiff obtained leave under clause 12 of the letters patent. from the perusal of the plaint and the prayers framed thereunder it would appear that no relief has been claimed against the defendant no. 12 the chartered ..... tea co. ltd. and its directors, the defendants nos. 1, 6 and 9 for an order that the leave granted under clause 12 of the letters patent be revoked and for stay of all further proceedings taken with this suit. it is the petitioner's case that the plaintiff has filed this suit against the .....

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Dec 08 1980 (HC)

Traders Syndicate Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Dec-08-1980

Reported in : AIR1981Cal223

..... if the provisions of the new act are so inconsistent with the old ones that the two cannot stand together.'9. reading section 80 and clause 12 of, the letters patent, i find that these two provisions can stand together without any inconvenience, inconsistency or difficulty. moreover, the effect of section 4(1), civil procedure code on section 80 of railways act was ..... defendant's counsel can be distinguished on facts and has no application on the facts of this case. counsel for the defendant pointed out that clause 44 of the letters patent and section 4(1) civil procedure code were not considered in the last two cases. but i do not think that even if these two provisions were urged before the respective courts ..... the provisions of section 20. civil procedure code or clause 12 of the letters patent. in this connection, he also relied on 74 cal lj 416: (air 1942 cal 229) (sitaram bhattacharjee v. pancha muchi). there the question was whether a civil court had jurisdiction ..... . according to him the present section 30 overrules by implication section 20 of code of civil procedure and clause 12 of the letters patent. he strongly relied on section 4(1) civil procedure code and clause 44 of the letters patent in support of his contention that indian railways act, 1890 being a special and local law in force, the same would prevail over .....

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Sep 12 1980 (HC)

The Indian Economist Private Ltd. and ors. Vs. Acharya Srimat Sarbeswa ...

Court : Kolkata

Decided on : Sep-12-1980

Reported in : AIR1981Cal310

..... .31. the result, therefore, is that we are bound to hold that the order appealed from cannot amount to a judgment within the meaning of clause 15 of the letters patent, 1865 and, accordingly it must be held on that ground alone that the appeal is not maintainable. we, accordingly, dismiss the appeal but in the facts and circumstances of this ..... defendants' accrued rights would be in any way impaired, the defendants might contend that the order allowing the amendment would be an appealable order under clause 15 of the letters patent, 1865.20. in our opinion, no new ideas are being introduced by way of amendment but only some particulars are being sought to be introduced in the body of the ..... taken away if the amendment would be allowed. that consideration would also be relevant for the purpose of determining whether an appeal would lie under clause 15 of the letters patent, 1865.17. as to what constitutes a new cause of action or a new case in relation to the amendment of a plaint has been repeatedly considered by the supreme ..... alipore in 24 parganas on or about 4th july 1973 and was marked as money suit no. 18 of 1973. an application was made under clause 13 of the letters patent 1865 on behalf of the defendants in the suit, being matter no. 709 of 1973 of this court and an order was made therein on 26th january 1974 whereby the .....

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Nov 21 1980 (HC)

Das Consultants Pvt. Ltd. Vs. National Mineral Development Corporation ...

Court : Kolkata

Decided on : Nov-21-1980

Reported in : AIR1981Cal202,85CWN387

..... be instituted in this court and in that event leave under clause 12 of the letters patent was not necessary.8. it was, however, sought to be urged that in this case no part of the cause of action had arisen in calcutta, because the letter dated ..... applicable to chartered high courts. arbitration agreement can be filed under the act, if part of the cause of action arises in courts, other than chartered high court where letters patent as such are not applicable.7. if that is the position, if part of the cause of action had. arisen within the jurisdiction of this court, then pro-ceeding can ..... be filed in this court and in such an application under section 20 of the arbitration act, though being treated as a suit, leave under clause 12 of the letters patent is not necessary for such filing for an arbitration agreement. this view is well established by the observation of this court in the case of s. p. consolidated engineering co .....

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