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Judgment Search Results Home > Cases Phrase: patents Court: kolkata Year: 1998 Page 1 of about 45 results (0.008 seconds)

Nov 27 1998 (HC)

Food Corporation of India Vs. Williamson Magor and Co. Ltd.

Court : Kolkata

Decided on : Nov-27-1998

Reported in : (1999)1CALLT331(HC),1999(1)CHN220

..... course, single and exclusive; but occupation may be shared with others or had on behalf of others.'see willis' case, 1965) 1q.b.140 at 148, referring also to hills(patents), 1956) 1q.b-90 at 99 (lines 5 to 7).37. our section uses both the words, possession and occupation. possession is a more formal legal word than occupation. the .....

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May 13 1998 (HC)

Dukhi Shyam Benupani, Assistant Director, Enforcement Directorate, For ...

Court : Kolkata

Decided on : May-13-1998

Reported in : 1998(2)ALD(Cri)900,1998(61)ECC17

..... secure the ends of justice. ordinary and extraordinaiy criminal jurisdiction of this court including this court's superintendence in all criminal matters as in clauses 22, 30 of the letters patent of this court, subject to such specific provisions of the code which are made in this behalf is saved by section 5 of the code which says--'nothing contained in ..... prescribed, by any other law for the time being in force.6. apart from the plenary powers of the court, calcutta court first chartered and later constituted under the letters patent of the british crown has enjoyed the rule making power which has been preserved and continued by section 108 of the government of india act, 1915, section 223 of the ..... chits. pondicherry reported in (1991) 2 mad. l.w. 80 in these words:a statement of law in the authorities aforementioned as well as in the scheme of the letters patent of this court read with article 225 of the constitution of leaves no manner of doubt that what matters should be placed before a particular judge of this court, who .....

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Jun 30 1998 (HC)

Ratanlal Nahata Vs. Nandita Bose

Court : Kolkata

Decided on : Jun-30-1998

Reported in : (1998)3CALLT348(HC)

..... their original civil procedure.--notwithstanding anything in this code, any high court, not being the court of a judicial commissioner, may make such rules not inconsistent with the letters patent or order or other law establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained shall ..... retained as was immediately prevailing before the commencement of constitution by reason of article 225 of the constitution of india,43. this court was constituted in terms of the letters patent, the relevant provisions whereof are clauses 15, 36 and 37 read thus:--'15. appeal from the courts of original jurisdiction to the high court in its apppellate jurisdiction.--and ..... to which the application refers. the judgment of a single judge thus disposing of an application for review without jurisdiction is subject to appeal under clause 15 of the letters patent.19. in the aforesaid decision what happened is as follows :holmwood j. sitting with chapman. j. heard these second appeals under order 41, rule 11. civil procedure code and dismissed them. ..... provision that may have been made in the civil procedure code. such rules have accordingly been framed from time to time by the full court under the powers granted by the letters patent. it is quite true that such rules will have an overriding effect irrespective of the provision contained in the civil procedure code. accordingly, question of applying order47 rule 5 so far .....

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Sep 23 1998 (HC)

Tanushree Art Printers Vs. Rabindra Nath Pal

Court : Kolkata

Decided on : Sep-23-1998

Reported in : (1999)3CALLT232(HC)

..... is to dispose of the suit, so far as that particular adjudication is concerned, would certainly amount to a judgment within the meaning of the letters patent. 113(3). intermediary or interlocutory judgment--most of the interlocutory orders which contain the quality of finality are clearly specified in clauses (a) to ..... being a step towards judgment) but is designed to render the judgment effective can also be termed as judgment within the meaning of the letters patent. so, far as this test is concerned, the learned chief justice had in mind orders passed by the trial judge granting or refusing ad ..... more than a step towards obtaining a final adjudication in the suit is not in my opinion, a judgment within the meaning of the letters patent. i think too, an order on an independent proceeding which is ancilliaryto the suit (not instituted as a step towards judgment, but with a ..... from an order grantingconditional leave to defend a suit because such order is not a judgment within the meaning of clause 15 of the letters patent.'24. the defendant/appellant while assailing the stand of the plaintiffs/ respondent has strongly contended that the order granting conditional leave to file written ..... that an appeal from such an order as is now under appeal before us, was not maintainable as a judgment under clause 15 of the letters patent. in arriving at this decision the division bench followed two earlier decisions on the point namely, hiralal deb gupta v. salil kumar paul: : air1973cal320 .....

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Nov 30 1998 (HC)

Romi Jaiswal Vs. Smt. Satya Bhama Jaiswal and ors.

Court : Kolkata

Decided on : Nov-30-1998

Reported in : (1999)3CALLT90(HC)

..... if slightest cause of action is available within the jurisdiction on the basis of the pleading and court granted leave under clause 12 of the letters patent upon thereto, such leave cannot be revoked. so far the convenience is concerned balance of convenience overwhelmingly matters but not the part convenience.19. ..... mere allegation of balance of convenience by the defendant would not be sufficient for the court to revoke leave under clause 12 of the letters patent, would seem to suggest that the important thing is not allegation but satisfaction of the court that the balance of convenience was overwhelmingly in favour ..... other forum of bihar is the natural forum for the purpose of hearing of the suit and leave granted under clause 12 of the letters patent by this court must be revoked.15. the respondent further contended that both calcutta and ranchi may have jurisdiction and in that case it ..... petitioner. therefore, the place outside the jurisdiction is the natural forum for such a suit and the leave granted under clause 12 of the letters patent must be revoked in such a case. in addition thereto the court also held that immovable property belonged to the plaintiff situated outside the jurisdiction ..... inter alia;3. leave order 11 rule 2 of the code of civil procedure, 1908 and for the leave under clause 12 of the letters patent. 1785 for instituting the instant suit and prays for the following reliefs:-a) a declaration that the partnership created under the deed of partnership dated .....

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Aug 28 1998 (HC)

State of West Bengal and ors. Vs. R.C. Banerjee

Court : Kolkata

Decided on : Aug-28-1998

Reported in : (1999)1CALLT52(HC)

..... right of appeal within strict limits defined by section 39'. therefore, so far the second part is concerned, namely, the maintainability of the appeal under letters patent it stands concluded by this decision.' 10. regarding the specific applicability of sub-section (1) of section 39, in contradistinction to sub-section (2) ..... under section 39(2) against a decision given by a learned single judge under section 39(1). in respect of the jurisdiction under letters patent the court observed that since arbitration act was a consolidating and amending act relating to arbitration it must be construed without any assumption that it ..... [1962]3scr497 , their lordships clearly were of the opinion that an appeal under the letters patent cannot be held to be maintainable it the filing of such an appeal is prohibited under a specific law, such as the arbitration act. the following ..... is that their lordships did not at all say that when a statute specifically prohibits an appeal in a particular situation, the provision in the letters patent for such an appeal can be invoked. on the other hand in the case of union of india v. mohindra supply co. reported in : ..... : [1982]1scr187 to contend that even though the appeal may not be maintainable under section 39 of the arbitration act, clause 15 of the letters patent permits the appellant to maintain such an appeal. we do not agree with his contention because what we clearly find from a careful reading of this .....

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Jan 07 1998 (HC)

Sharif HossaIn Alias Dalim Master Vs. KalimuddIn Shams and ors.

Court : Kolkata

Decided on : Jan-07-1998

Reported in : AIR1998Cal162

..... an election petition at the threshold if if does not comply with the provisions of section 81 or section 82 or section 117 of the act, all of which are patent defects evident on a bare examination of the election petition as presented. sub-section (1) of section 81 requires the checking of limitation with reference to the admitted facts and ..... election petition at the threshold if it does not comply with the provisions of section 81 or section 82 or section 117 of the said act all of which are patent defects evident on a bare examination of the election petition as presented. the compliance of sections 81, 82 and 117 is to be seen with reference to the evident facts ..... with. in fact, finding said difficulty mr. mukherjee has submitted that even in case of election petition, the high court retains its inherent jurisdiction under the charter granted by letters patent and the court has the power to direct filing of any petition and as such irregularity, if any, under the statute does not really affect the case of the petitioner ..... under inherent jurisdiction exercise power to correct errors or infirmity. he has submitted that while hearing the election petition the high court ' retains power under charter granted by the letters patent 1865, govt. of india act, 1858, the govt. of india act, 1959 and 1935 and the constitution of india and had no such power been there, the court could not .....

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Aug 28 1998 (HC)

Keshab Narayan Banerjee Vs. Commissioner of Income-tax and anr.

Court : Kolkata

Decided on : Aug-28-1998

Reported in : [1999]238ITR694(Cal)

..... amount to upset the judgment of the learned single judge in so far as the nature and extent of the relief granted to the writ petitioner (appellant in the letters patent appeal) is concerned. a person, the respondent in the writ application, who does not choose to file appeal against the judgment of the learned single judge, even though a substantial ..... of civil proceedings, the principles contained in order 41, rule 22 of the civil procedure code, should apply in all letters patent appeals. after all a respondent who was partly successful in the writ proceedings should clearly decide whether to appeal against the unsuccessful part of the judgment of the learned single ..... court may see fit to allow.'9. proceedings in a writ application filed under article 226 of the constitution and an appeal arising therefrom under clause 15 of the letters patent strictly would not be civil proceedings in the sense that technically they are not governed by the provisions of the code of civil procedure, yet they being in the nature ..... v.k. gupta, j.1. this appeal under clause 15 of the letters patent is directed against the judgment dated june 14, 1993, passed by the learned single judge of this court whereby the writ application filed by the appellant, keshab narayan banerjee, was .....

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Nov 06 1998 (HC)

Indian Oil Corporation and ors. Vs. Shri Ujjal Chowdhury and ors.

Court : Kolkata

Decided on : Nov-06-1998

Reported in : (1999)1CALLT220(HC)

..... and issued a mandamus upon the respondents not to give any effect or further effect to the same. aggrieved, the appellants filed an appeal under clause 15 of the letters patent. the division bench comprising of r. dayal and amitabha lala, jj. however dissented in their findings and opinion with regard to legality of the cancellation of the letter of intent ..... v.k. gupta, j.1. on this reference being made to me in terms of clause 36 of the letters patent, upon a difference of opinion between the two learned judges of this court in the division bench hearing the letters patent appeal against the judgment of the learned single judge dated 23 april, 1997 whereby a mandamus was issued by the learned .....

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May 14 1998 (HC)

M/S. Spectrum Electronics and ors. Vs. State Bank of India and ors.

Court : Kolkata

Decided on : May-14-1998

Reported in : (1998)2CALLT351(HC),[1999]97CompCas451(Cal)

..... under clause 13 of the letters patent or under section 24 of the code of civil procedure.29. mr. bhattacharyya urged that having regard to the above, the instant application was not maintainable and was liable to ..... 1993 act in relation to clause 13 of the letters patent read with section 24 of the code of civil procedure, the learned judge concluded that he had no authority to transfer any proceeding pending before the debts recovery tribunal either ..... judge of this court in several matters relating to suits which had been transferred to the debts recovery tribunal where rules had been issued under clause 13 of the letters patent read with section 24 of the code of civil procedure (alp 14/95-- chatterjee brothers & others v. united bank of india and various other matters). considering the provisions of the .....

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