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Judgment Search Results Home > Cases Phrase: patents Court: kolkata Year: 1996 Page 1 of about 39 results (0.008 seconds)

Apr 11 1996 (HC)

Hindusthan Lever Limited Vs. Godrej Soaps Limited and Others

Court : Kolkata

Decided on : Apr-11-1996

Reported in : AIR1996Cal367,(1997)1CALLT123(HC),100CWN562

..... absolute the former rule of practice as respects interlocutory injunctions in action for infringement actions. in my view the grant of interlocutory injunctions in actions for infringement of patents is governed by the same principles as in other actions .....,' 27. mr. chakraborty, learned counsel has submitted that in view of the above decision of the house ..... has been also stated that in the objection, alteration has been drawn to the fact that the analysis report mentioned 'water insoluble' and 'alcohol insoluble' whereas the patent is for 'water insoluble particulate structurant'. it is well known that the bis method for ascertaining water/alcohol insoluble particulate structurant is normally through the route of alcohol and ..... the petitioner. 9. hence the prayers for temporary injunction as follows:-- '(a) an order of injunction restraining the respondents, their servants, agents etc. from in any way infringing the patent no. 170131 of the petitioner; (b) a temporary injunction restraining therespondents, their servants, agents eic, from manufacturing, selling etc., the impugned bathing bar vigil with the words ' ..... throughout the country including calcutta through almost all retail outlets and the respondents have taken wrongful advantage of the publication of the invention of the petitioner under patent no. 170171 and patent application no. 274/ bom/88 in the official gazette notified for opposition purposes. on examination of the wrappers of the aforesaid samples of the toilet .....

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May 02 1996 (HC)

Gramophone Company of India Limited Vs. Shanti Films Corporation and O ...

Court : Kolkata

Decided on : May-02-1996

Reported in : AIR1997Cal63

..... to sue both in damages /or the breach and also for consideration. the court further held that the plaintiff had a vendoris lien on the patents in the hands of the company for the unpaid minimum royalty and the plaintiff was entitled as against the assignee to an account for the royalties ..... to an end and to sue for damages for the breach. the plaintiff claimed un-paid minimum royalty by way of damages and a lien on the patents for the royalties as unpaid purchase money. the assignee became bankrupt, whereupon the company pleaded that the plaintiff, having elected to treat the agreement as an ..... be terminated by the publisher at its discretion. 29. dansk rekylrifsel v. snell ((1908) (2) ch 127) is a case on patent, where the plaintff agreed to sell some patents in consideration of some payment in cash and the balance on royalty. it provided that if default is made in payment of minimum royalty ..... the whole of minimum royalty would become immediately payable. thereafter upon payment of the agreed cash amount the patents were assigned for a nominal consideration and without reference to the agreement or any reservation of royalty. the purchaser thereupon leased out the ..... patent to a company who acquired the same with notice of the agreement. the company paid the minimum royalty thereafter. the assignee thereupon .....

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Sep 17 1996 (HC)

Commissioner of Gift-tax and anr. Vs. Bireswar Sarkar and anr.

Court : Kolkata

Decided on : Sep-17-1996

Reported in : (1997)1CALLT176(HC),1996(2)CHN279,[1997]223ITR411(Cal)

..... a clear distinction between a civil regular appeal preferred under section 96 or section 100 of the civil procedure code and an appeal filed under clause 15 of the letters patent. whereas in the former case, the appeals are against the decrees, in the latter, the appeals are against the judgment. it is not, therefore, proper ..... of the high court, whether on the appellate side or the original side is only a formality. the appeal preferred under clause 15 of the 'letters patent' is not against such a formal order drawn up but is against the judgment itself of a single judge which determines and decides the questions involved in ..... to us, our heirs or successors in our or their privy council as hereinafter provided.'6. from a bare perusal of clause 15 of the letters patent, it is evident that the appeal that is to be preferred by a party before a division bench of this court in terms of the said clause ..... note of the judgment. after it has been sofiled the parties shall be entitled to obtain office copies in the usualmanner.'5. clause 15 of the letters patent reads as under : ' 15. appeal from the courts of original jurisdiction to the high court in its appellate jurisdiction.--and we do further ordain, that ..... in this appeal is as to whether an appeal against a judgment delivered by a learned single judge of this court under clause 15 of the letters patent is maintainable only against the judgment itself, and not the order that may be required to be drawn-up in terms of rules 1 and 2 (supra .....

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Sep 17 1996 (HC)

Commissioner of Gift Tax and anr. Vs. Bireswar Sarkar and anr.

Court : Kolkata

Decided on : Sep-17-1996

Reported in : (1997)139CTR(Cal)144

..... a clear distinction between a civil regular appeal preferred under s. 96 or s. 100 of the cpc and an appeal filed under cl. 15 of the letters patent. whereas in the former case, the appeals are against the decrees, in the latter, the appeals are against the judgment. it is not, therefore, proper for ..... procedure of the high court, whether on the appellate side or the original side is only a formality. the appeal preferred under cl. 15 of the 'letters patent' is not against such a formal order drawn-up but is against the judgment itself of a single judge which determines and decides the questions involved in the ..... be to us, our heirs or successors in our or their privy council as hereinafter provided.'5. from a bare perusal of cl. 15 of the letters patent, it is evident that the appeal that is to be preferred by a party before a division bench of this court in terms of the said clause is ..... note of the judgment. after it has been so filed the parties shall be entitled to obtain office copies in the usual manner.'clause 15 of the letters patent reads as under :'15. appeal from the courts of original jurisdiction to the high court in its appellate jurisdiction - and we do further ordain, that an ..... therefore, in this appeal is as to whether an appeal against a judgment delivered by a learned single judge of this court under cl. 15 of the letters patent is maintainable only against the judgment itself and not the order that may be required to be drawn-up in terms of rr. 1 and 2 (supra) .....

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Sep 27 1996 (HC)

University of Calcutta and Others Vs. Ram Prosad Ghosh and Others

Court : Kolkata

Decided on : Sep-27-1996

Reported in : AIR1997Cal163

..... of the formal order made rtierdin.or of both? chapter viii of the ( rules of the appellate side which deals with appeals under clause 15 of the letters patent does not obviously deal with such appeals because these appeals were unknown when the rules contained in chapter viii were framed. it is, therefore, difficult to suppose, ..... accompanied by a certified copy.7. a substantive right of appeal is granted by section 96 of the c.p.c. and clause 15 of the letters patent. such a right cannot be nullified or curtailed by reason of an appellant's failure to comply with the formalities to prefer an appeal in the form prescribed ..... the code of civil procedure which cannot be said to have any application whatsoever in the matter of entertainment of the appeal under clause 15 of the letters patent. a bare perusal of the aforementioned provision would clearly show that a statutory right has been conferred upon a litigant to prefer an appeal from a judgment and ..... be mutatis mutandis, inasmuch as, chapter viii of the appellate side rules clearly provides for the manner in which appeal under clause 15 'of the letters patent is to be filed. rules 2 and 3 of chapter viii read thus:--'2. every appeal to the high court under s. 15 of the letters ..... patent from a judgment of a division bench, or a judge sitting singly, on the appellate side of the high court, shall be presented to the .....

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Oct 08 1996 (HC)

Bimal Adak and ors. Vs. State

Court : Kolkata

Decided on : Oct-08-1996

Reported in : (1997)1CALLT94(HC)

..... through the creeks of the decision under reference, the decision in gurbaksh singh (supra) by the apex court read with section 438 of the crpc does not interweave latently or patently that the apex court dealt with the right of the petitioner to be enlarged on anticipatory ball upon submission of charge-sheet. a dispassionate reading of the decision manifests incurable ..... for the petitioners. according to him it is not the plurality of the number of the learned judges that governs the decision. it is the stare decisive that becomes the patent governing factor which in any event cannot be shrugged off. no court can frown its eyes with it not can take any oblique view. 23. in making evaluation of the ..... does, it would be a strain on the languages and the power exercised by the court could never be an over-generous infusion of constraint and condition which are not patent in section 438. mr. mukherjee has argued with much labour and industry that the court, if harbours a 4different view, it is saddled with an obligation to refer the matter ..... are mutually exclusive of each other impelling the court to consider the circumstances when such bail could be granted, section 437 is fastened with discretion of the court which is patently absent in considering the application for anticipatory bail by court objectively. 3. in the matter of according the prayer for bail, the court should be circumspect when the offence complained .....

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Jul 26 1996 (HC)

Paschimbanga Bhumijibi Krishak Samiti and ors. Vs. State of West Benga ...

Court : Kolkata

Decided on : Jul-26-1996

Reported in : (1996)2CALLT183(HC),100CWN900

..... down different principles for payment of compensation on different types of lands and keeping in view the definition of land, encompassing land of every description and keeping in view the patent absurdity in computation of the valuation the onus shifts to the state to show that the valuation is reasonable. in any event the said submission of mr. gupta is contrary ..... of 1887.64. the high court is to apply the law that would be applied by the civil courts subordinate to it, vide paras 13 and 14 of the letters patent.65. english law has been applied in india as supplying the rule of justice, equity and good conscience but only if it is found applicable to indian society and circumstances ..... of such lands.(11) section 14u(1) is violative of article 20 of the constitution of india.(12) section 14z having not granted any exemption for orchard or fisheries is patently arbitrary.(13) section 14m(6) is ultra vires article 25 and 26 of the constitution of india.9. mr. sadhan gupta, the learned senior counsel, appearing on behalf of the ..... land has been transferred a long time back, it would he treated as the land of the successors-in-interest for fixing the ceiling area and thus, the same is patently arbitrary.(9) section 14p is bad in law inasmuch as thereby the transfers mate after 7th august, 1969 but before 9th september, 1980 are sought to be annulled and such .....

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Oct 08 1996 (HC)

Bimaladak and ors. Vs. State

Court : Kolkata

Decided on : Oct-08-1996

Reported in : 1997CriLJ1969

..... decision under reference, the decision in gurbaksh singh (1980 cri lj 1125) (supra) by the apex court read with section 438 of the cr pc does not interweave latently or patently that the apex court dealt with the right of the petitioner to be enlarged on anticipatory bail upon submission of charge-sheet. a dispassionate reading of the decision manifests incurable ..... for the petitioners. according to him it is not the plurality of the number of the learned judges that governs the decision. it is the stare decisis that becomes the patent governing factor which in any event cannot be shrugged off. no court can frown its eyes with it nor can take any oblique view.23. in making evaluation of the ..... does, it would be a strain on the languages and the power exercised by the court could never be an over-generous infusion of constraint and condition which are not patent in section 438. mr. mukherjee has argued with much labour and industry that the court, if harbours a different view, it is saddled with an obligation to refer the mailer ..... are mutually exclusive of each other impelling the court to consider the circumstances when such bail could be granted, section 437 is fastened with discretion of the court which is patently absent in considering the application for anticipatory bail by court objectively.3. in the matter of according the prayer for bail, the court should be circumspect when the offence complained .....

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Oct 11 1996 (HC)

In Re: Kusum Products Limited and anr.

Court : Kolkata

Decided on : Oct-11-1996

Reported in : [1999]98CompCas10(Cal)

..... it might be possible to find faults in a scheme that would not be sufficient ground to reject it. it was further held that a scheme must be obviously unfair, patently unfair, unfair to the meanest intelligence. it cannot be said that no scheme can be effective to bind a dissenting shareholder unless it complies to the extent of 100 per ..... . ltd.. in re [1960] 30 comp cas 536, 539 ; [1961] 1 ch. 289. in the said case, it was, inter alia, held as follows : 'a scheme must be obviously unfair, patently unfair, unfair to the meanest intelligence. it cannot be said that no scheme can be effective to bind a dissenting shareholder unless it complies to the extent of 100 per .....

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Mar 01 1996 (HC)

Karunaketan Ganguly Vs. Allahabad Bank

Court : Kolkata

Decided on : Mar-01-1996

Reported in : [1996(73)FLR1452],(1997)ILLJ147Cal

..... proceedings.19. the petitioner to detain the hearing to its dangerous and embarrassing length has cultivated numerous pleas which are manifestly insubstantial . he was aware of the charges that become patent, who made serious endeavour to contradict them as evident by the evidence in the disciplinary proceedings. it is nothing but a cry in despair. it is an attempt to thwart ..... . the authority has landed on a wrong shore, thus.8. the claim of the adversory, as highlighted in his argument, is that the infringement of natural justice and reasonableness is patent. the documents namely annexure-d were not supplied to the petitioner to stall the claim of the respondents as the decision making process was absolutely vitiated for non-observation of .....

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