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Judgment Search Results Home > Cases Phrase: patents Court: kolkata Year: 2004 Page 1 of about 71 results (0.009 seconds)

Feb 11 2004 (HC)

iag Co. Ltd. Vs. Triveni Glass Ltd.

Court : Kolkata

Decided on : Feb-11-2004

Reported in : (2004)3CALLT71(HC),2004(29)PTC665(Cal),[2004]51SCL498(Cal)

..... wrongly registered as a design. it is neither two dimensional nor three dimensional. reference in this connection can be made to section 213(3)(c) of the copyright, designs and patents act, 1988 (uk) which provides that design right does not subsist in a surface decoration. the allegation of passing off by the defendant is absolutely baseless. the defendant has a ..... such supplementary affidavits.2. the plaintiff and the defendant both manufacture and sell various kinds of glass. on january 2nd, 2001 the controller-general of patents, designs and trade marks of the government of india, the patent office (designs branch) issued a certificate of registration of design in favour of the plaintiff. it was stated in this certificate that design no. 183322 ..... caution notice in newspapers, published from several cities of the country, to warn manufacturers and competitors against infringement of its patent right over the designs 'karatachi' and 'yozora.' on january 15th, 2003 the defendant made a petition to the controller-general of patents, designs and trade marks for cancellation of registration of the design 'karatachi' in the name of the plaintiff. the .....

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May 18 2004 (HC)

iag Company Ltd. Vs. Triveni Glass Ltd.

Court : Kolkata

Decided on : May-18-2004

Reported in : 2004(3)CHN447,2005(30)PTC140(Cal)

..... directed the matter to be considered upon affidavits.2. in respect of its design, the appellant obtained a certificate of registration on 2th january, 2001, from the comptroller general of patents, designs and trade mark, and the certificate is dated 28th august, 2000, and numbered 183322. admittedly the certificate was granted under the provisions of the designs act, 1911 (hereinafter referred ..... out above, this was done under the old act when the new act was not in existence. the learned judge delivering the judgment also found that section 64 of the patents act, 1970 statutorily allows the issue of invalidity of registration to be raised by way of a counter-claim on the issue of infringement but there is no corresponding statutory ..... ' in the act and held that the same is to be considered by the parliament and the lacuna cannot be filled up by court by incorporating the provisions of the patent act, 1970 'by a process of judicial interpretation'.29. it is obvious that the lacuna has now been filled up by the legislature in view of the provision of section .....

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Aug 29 2004 (HC)

income Tax Settlement Commission and ors. Vs. Netai Chandra Rarhi and ...

Court : Kolkata

Decided on : Aug-29-2004

Reported in : [2005]142TAXMAN446(Cal)

..... 2002. the honble commission is prayed to decide this petition before the expiry of limitation.'9. it appears that the department has not contended that the mistake is glaring, obvious, patent and apparent on the face of the record. on the other hand, it proceeds to surmise and presume certain things, which weighed with the settlement commission. it proceeded on ..... position there was no glaring patent mistake apparent on the face of the record rectifiable. the notice of rectification was issued on the basis of presumption and assumption for the purpose of appreciating the situation. it ..... no proceeding for rectification would lie where investigation into facts or determination afresh of the facts or issues and the debatable points are involved. it is offl glaring, obvious and patent mistake that can be the subject matter of rectification. in this case, the factual position apart from other legal issues was required to be determined. even in the factual ..... and all subsequent decisions following it are that the limit of rectification can be stretched only to the field where the mistake is glaring, obvious, patent and apparent on the face of the record. glaring, obvious, patent and apparent mistakes are those for which no investigation into facts or determination of law or discussion of debatable points are involved, to establish which .....

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Jul 14 2004 (HC)

income-tax Settlement Commission and ors. Vs. Netaji Chandra Rarhi and ...

Court : Kolkata

Decided on : Jul-14-2004

Reported in : (2005)1CALLT247(HC),(2005)193CTR(Cal)430,[2004]271ITR514(Cal)

..... the hon'ble commission is prayed to decide this petition before the expiry of limitation.'14. it appears that the department has not contended that the mistake is glaring, obvious, patent and apparent on the face of the record. on the other hand, it proceeds to surmise and presume certain things, which weighed with the settlement commission. it proceeded on the ..... there was no glaring patent mistake apparent on the face of the record rectifiable. the notice of rectification was issued on the basis of presumption and assumption for the purpose of appreciating the situation. it ..... no proceeding for rectification would lie where investigation into facts or determination afresh of the facts or issues and the debatable points are involved. it is only glaring, obvious and patent mistake that can be the subject matter of rectification. in this case, the factual position apart from other legal issues was required to be determined. even in the factual position ..... and all subsequent decisions following it are that the limit of rectification can be stretched only to the field where the mistake is glaring, obvious, patent and apparent on the face of the record. glaring, obvious, patent and apparent mistakes are those for which no investigation into facts or determination of law or discussion of debatable points are involved, to establish which .....

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Mar 09 2004 (HC)

Nicco Uco Credit Limited Vs. Benelux Capital S.A.

Court : Kolkata

Decided on : Mar-09-2004

Reported in : 2004(3)CHN27

..... view of clause 14 of the contract.10. in the result, the application succeeds. the leave granted in civil suit no. 133 of 2003 under clause 12 of the letters patent is revoked. the department is directed to return the plaint to the plaintiff with liberty to present it before the appropriate court.11. g. a. no. 4389 of 2003 is ..... , tortola, british virgin islands outside the jurisdiction of this hon'ble court, it is just and proper that leave be granted to the plaintiff under clause 12 of the letters patent to institute this suit'.4. on perusal of paragraph 35 of the plaint it appears that the plaintiff invoked the jurisdiction of this court on the basis of the pleadings ..... ashim kumar banerjee, j. 1. this is an application for revocation of leave granted under clause 12 of the letters patent made by the defendant. the plaintiff entered into a contract with the defendant inter alia for raising capital to be raised by the defendant on behalf of the plaintiff. in .....

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Sep 29 2004 (HC)

Chayan Kr. Roy and ors. Vs. Chairman/Chairperson, Central Selection Co ...

Court : Kolkata

Decided on : Sep-29-2004

Reported in : 2005(2)CHN165

..... the aforesaid groups for preferential treatment is not based on any reasonable differentia and has no nexus with the object sought to be achieved by such classification. the classification is patently ultra vires and violative of article 14 of the constitution of india.111. the supreme court by its order dated 5th april, 2004 made it clear that admission of successful .....

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Jun 09 2004 (HC)

Bhakti Hari Nayak and ors. Vs. Vidyawati Gupta, S.C. Agarwala (Huf) an ...

Court : Kolkata

Decided on : Jun-09-2004

Reported in : AIR2005Cal145,2005(2)CHN575

..... far as possible by the code and the provision of any law made by competent legislative authority amending or altering the code (clause 37). letters patent are also amenable to amendment by competent legislative authority (clause 44). apart from that the primacy given to the amendment act of 1999 by section ..... .'36. a somewhat identical question arose in union of india v. mahindra supply co., reported in : [1962]3scr497 . by clause 10 of the letters patent of the punjab high court, a right of appeal, except in the cases specified, from one judge to another judge, was expressly granted.37. but, ..... set out below:--'44. powers of indian legislature preserved.--and we do further ordain and declare, that all the provisions of these our letters patent are subject to the legislative powers of the governor-general in legislative council and also of the governor-general in council under section 71 of ..... 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 ..... other requirement of filing an affidavit. the learned counsel also submitted that the original side rules have been framed under clause 37 of the letters patent and unless the original side rules are amended, the amended provisions of the code will not govern the institution of suit on the original side .....

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Apr 22 2004 (HC)

Bharat Petroleum Corporation Ltd. Vs. Prafulla Kumar Roychowdhury and ...

Court : Kolkata

Decided on : Apr-22-2004

Reported in : (2004)3CALLT467(HC),2004(3)CHN399

..... of this court since the property was situated within the local limits of jurisdiction of these two courts in terms of clause 12 of the letters patent. objection to such jurisdiction, in view of section 21(2) cpc, is to be taken at the court of first instance at the earliest ..... local limits described therein. this jurisdiction conferred upon the high court under the letters patent is subject to clause 44 of the letters patent, which makes the letters patent subject to the power of legislature by the legislative council. section 21 of the city civil courts act, 1953 ..... patent within the area prescribed. clauses 11 and 12 of the letters patent ordained that the high court shall exercise ordinary original civil jurisdiction in respect of suits of every description within the ..... have jurisdiction to try suits and proceedings of a civil nature not exceeding the valuation mentioned therein. under the letters patent, 1862 since repealed in 1865, the high court was established for the purpose of exercising such civil jurisdiction, original and appellate, provided in the letters ..... the provisions of the 1953 act shall have effect notwithstanding anything to the contrary in any other law including in particular the letters patent of the high court. thus, by reason of exclusion of jurisdiction under section 5, a suit triable by the city civil .....

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Mar 29 2004 (HC)

Ramlall Kanhaiyalall Vs. the Mysore Sugar Company Limited

Court : Kolkata

Decided on : Mar-29-2004

Reported in : (2004)3CALLT114(HC)

..... case, apart from taking a point in the written statement that this court had no jurisdiction and the leave granted under clause 12 of the letters patent should be revoked, the respondent had done nothing which should have been done at the earliest possible opportunity, by asking for all proceedings to be stayed ..... apart from contending in the written statement that this court does not have any territorial jurisdiction and the leave granted under clause 12 of the letters patent should be revoked, the respondent during a long period of time did not express any intention that it was not willing to have the suit tried ..... the remaining 4,300 bags of sugar.28. from the plaint we find the necessary pleadings for grant of leave under clause 12 of the letters patent have been made.29. since the suit is for a decree of refund of the amount held by the defendant, the proof of remittance of money ..... did arise within the territorial jurisdiction of this hon'ble court. as such this court was right in granting leave under clause 12 of the letters patent.19. from the impugned judgment it appears that the learned judge had accepted the contention of the respondent that in the written statement the defendant had ..... june, 1999 the respondent took out an application for recalling of the order dated 28th of july, 1977 whereby leave under clause 12 of the letters patent was granted to file the suit. however, no steps were taken by the respondents to have the said application heard and/or for obtaining any order .....

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Apr 21 2004 (HC)

Kolkata Municipal Corporation Vs. Sarveshwar Construction Pvt. Ltd. an ...

Court : Kolkata

Decided on : Apr-21-2004

Reported in : 2004(3)CHN580

..... ) rules, 1987', which have been relied upon by learned counsel for opposite party no. 1 may now be considered:rule 24 : 'clerical or arithmetical mistakes in judgments or orders or patent errors or omissions therein may be corrected by the chairman'. rule 26:'amendment of orders, and making of orders for ends of justice.--the tribunal may, on such terms and .....

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