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Judgment Search Results Home > Cases Phrase: patents Court: kolkata Year: 2006 Page 1 of about 62 results (0.008 seconds)

Feb 02 2006 (HC)

Glaxo Smith Kline Plc and ors. Vs. Controller of Patents and Designs a ...

Court : Kolkata

Decided on : Feb-02-2006

Reported in : 2006(3)CHN577

..... (a) of the general clauses act, 1897 it is not permissible.17. in reply, counsel for the petitioners refers me to section 21 of the patents(amendment) act, 2005 omitting the chapter concerned from the principal act. he draws my attention also to the provisions in section 6 of the general clauses ..... the matter is remitted, then the controller is under the obligation to give fresh decision, in the application according to the then section 24a of the patents act, 1970.13. he cites to me the decisions in babu dhirendra nath roy v. ijjetali miah and ors. : air1940cal423 (regarding saving of right ..... set aside and the matter is remitted to the controller.11. the position is disputed by counsel for the petitioners. according to him, even after the patents (amendment) act, 2005, doing away with the regime of grant of exclusive marketing rights, the application submitted by the petitioners for such right has not ..... .i am afraid such contention, if accepted, is bound to defeat the legislative mandate given by sub-section (1) of section 24a of the patents act, 1970 that cast on the controller an unqualified obligation to obtain a report from the examiner for the purpose of giving final decision in an ..... any report while deciding the application for exclusive marketing right.7. counsel for the petitioners argues that in view of provisions in section 24a of the patents act, 1970 the controller was under an unqualified obligation to consider the report of the examiner. it seems to me that he is right in .....

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Mar 31 2006 (HC)

Sanjib Saha Vs. Smt. Bidisha Saha (Nee Roy)

Court : Kolkata

Decided on : Mar-31-2006

Reported in : AIR2006Cal214,2007(2)CHN681

..... division. it is the historical event therefore, supreme courts in three different presidency towns by the charter were established, thereafter three chartered high courts were established by first letters patent 1862 followed by 1865. i with respect following the aforesaid interpretation of the corresponding clause 17 of bombay division hold that the jurisdiction conferred upon this court is not restricted ..... the bombay presidency, since no other court in the presidency possessed such powers and no question of conflicting juris-diction could arise. the powers now existing under the amended letters patent, in my opinion, extended to persons under disability wherever in the presidency they may be found, provided they are subjects of the british crown.15. the language of clause ..... to minors who are british subjects residing outside the limits of such original jurisdiction, depends on the charters which have conferred jurisdiction upon this court. under the amended letters patent of 1865, clause 17, it is ordained that the high court of judicature at bombay shall have the like power and authority with respect to the persons and estate ..... the learned district judge at barasat, 24 paraganas who has passed the order like previous occasion, but the petitioner this time has invoked jurisdiction of clause 17 of the letters patent, which is quoted hereunder:17. jurisdiction as to infants and lunatics.- and we do further ordain, that the said high court of judicature at fort william in bengal .....

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Feb 02 2006 (HC)

Hindustan Lever Limited Vs. CavIn Kare Limited and ors.

Court : Kolkata

Decided on : Feb-02-2006

Reported in : (2006)3CALLT431(HC)

..... the above that the respondents' obligation not only relate to manufacture, but not to market also their products using silicone compound in combination with the other ingredients covered in patent of the petitioner. therefore, it is not the question of percentage or extent of ingredients that matters, in relation to discharge of undertaking. to my mind the ..... or silicone compound. the respondents had also undertaken separate tests by spic research foundation headed by dr. narasimhan. this reputed laboratory has reported that silicone content is below the patented range. therefore, it shows clearly that conflicting nature of the conclusions reached and the wrong procedure adopted. in essence, there is no evidence of silicone oil being used ..... against and sustained.6. he urges that having undertaken not to manufacture or market by themselves the respondents have used silicon compound in combination with other ingredients covered by patent no. 169917 of the petitioner viz. niacinamide parsol 1789 with effect from 15th september, 2000. the defendant's statement made through the learned counsel that silicone oil is ..... the laboratory outside. on such test it was found that the respondents in gross breach of the aforesaid undertaking used aforesaid ingredients infringing and offending the range of the patent. the petitioner thereafter prayed for issuance of rule as against the respondents and also for interlocutory relief. this court also granted interim relief by way of injunction and .....

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Apr 24 2006 (HC)

Subir Kumar Ghosh Vs. Prasar Bharati Broad Casting Corporation of Indi ...

Court : Kolkata

Decided on : Apr-24-2006

Reported in : 2006(3)CHN743,2006CriLJ4109

..... case of p. s. sathappan (supra), has reiterated the same view and has pointed out that in order to exclude the operation of letters patent appeal, there must be explicit bar and mentioned by way of illustration, the provision of section 100a of the code of civil procedure where ..... the bombay high court under section 6 of the specific relief act could be challenged by preferring an appeal under clause 15 of the letters patent before the division bench although, according to section 6 of the specific relief act itself, such decree is not appealable. the supreme court in ..... : air2004sc5152 , where the majority of the judges of the said bench has held that in order to exclude the jurisdiction conferred by the letters patent to hear an appeal against an order of the learned single judge, specific provision must be appearing in the relevant statute explicitly excluding such jurisdiction. ..... view of clear provision contained in section 341 of the code, an appeal against such order is specifically barred and as such, the present letters patent appeal against the order of the learned single judge disposing of an application under section 340 of the code is not maintainable.6. in support ..... mr. basu, the learned advocate appearing on behalf of the respondent, has taken a preliminary objection as to the maintainability of the present letters patent appeal against the order disposing of application under section 340 of the code of criminal procedure. according to mr. basu, if an order under section .....

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Jan 19 2006 (HC)

imr Metallurgical Resources Ag Vs. Hindusthan Newsprint Ltd. and anr.

Court : Kolkata

Decided on : Jan-19-2006

..... act provides otherwise. even in case of an arbitration proceeding the principal civil court of jurisdiction is determinable in the context of the provisions under clause 12 of the letters patent, if such a proceeding is required to be instituted in this court as a principal civil court of jurisdiction.17. therefore, the case cited by mr. chatterjee of the supreme ..... the civil procedure code. the explanation given in section 20 really helps the argument of mr. chatterjee, but, unfortunately such similar language and phraseology are missing in clause 12 of the letters patent. invocation of jurisdiction of this court in ordinary original civil jurisdiction has to be guided by the provision of clause 12 and clause 12 alone, and nothing else unless the ..... be chosen as a forum. he contends that, as both the defendants are carrying on business also in calcutta, so going by the language of clause 12 of the letters patent this court has jurisdiction. moreover, at this stage without asking for any affidavit, question of jurisdiction cannot be decided, since it has become mixed question of fact and law.12 ..... based on accrual of cause of action. in order to decide the question of jurisdiction, this court is to look into the provision of clause 12 of the letters patent and the letters patent alone and the corresponding provisions of the code of civil procedure, namely 16, 20 and 21 do not have any application in this matter.9. whether the defendants .....

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Sep 19 2006 (HC)

Shree Shree Gopal Jew and ors. Vs. Jumbo Traders Private Ltd.

Court : Kolkata

Decided on : Sep-19-2006

Reported in : 2007(1)CHN237

..... .29. in tarachand ghanshyamdas v. state of west bengal (supra) the court held that when a suit is transferred under clause 13 of the letters patent it does not become a suit 'instituted' in the high court. the institution in the original court is not extinguished by the transfer, nor is ..... suit was instituted. but the district court had no jurisdiction in the suit. therefore, even if the suit transferred under clause 13 of the letters patent, but the power of the high court in dealing with the suits so transferred would seem to be confined to powers which but for the transfer ..... cannot be denuded of its efficacy by any collateral attack or in incidental proceedings. the lack of jurisdiction of the court passing the decree must be patent on its face in order to enable the executing court to take cognizance of such a nullity based on want of jurisdiction. else the normal rule ..... in a transferred suit from the lower court. in this connection, he relied on ormond's original side rules notes under clause 13 of the letters patent at page 146 where it is stated 'the substantive law applicable is that of the lower court'. he submitted that the distinction between what is ..... such inexecutable. appellants filed a special leave petition from the said order. the special leave petition was disposed of allowing the appellant to file a letters patent appeal within a fortnight. accordingly, appellant filed this appeal. on 22nd september, 1997 this appeal was admitted and the hon'ble court was pleased to .....

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Sep 19 2006 (HC)

BenjamIn H. Elias and ors. Vs. Official Trustee of West Bengal and ors ...

Court : Kolkata

Decided on : Sep-19-2006

Reported in : 2007(1)CHN555

..... out that no appeal lies from an order passed under section 6 of the specific relief act, 1963. he further submitted that an appeal under clause 15 of the letters patent is maintainable against an order passed by the hon'ble single bench of the chartered high court under section 6 of the specific relief act, 1963 and he relied upon ..... proceed with a suit or proceeding is involved and a decision on that question is given, such decision is 'a judgment' within the meaning of clause 15 of the letters patent, 1865 and is appealable. he further drew our attention to the prayers made in the petition which was filed earlier under sections 3, 4, 5 and 7 of the said .....

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Aug 18 2006 (HC)

Prabir Kumar Das Vs. Smt. Jayanti Das and anr.

Court : Kolkata

Decided on : Aug-18-2006

Reported in : (2007)1CALLT227(HC)

..... held that the high court could entertain the application for probate in respect of the properties which were situated within the state of west bengal as contemplated under the letters patent but outside the jurisdiction of the city civil court because of such amendment. his lordship ultimately held that the application was not maintainable in the high court because it ..... letters patent in matters which are not within the exclusive jurisdiction of the city civil court without express words or by necessary implication. the jurisdiction of a superior court cannot be ..... further, omission of section 300 of the indian succession act cannot in my view, be interpreted to mean that high court's jurisdiction exercisable under clause 34 of the letters patent in cases arising outside the territorial limit of the city civil court has been curtailed. such interpretation would amount to deprivation of the high court's original jurisdiction conferred by ..... exclusively within the jurisdiction of the city civil court by the city civil court (amendment) act, 1980 cannot exercise the same by virtue of clause 34 of the letters patent in the cases arising exclusively within the territorial jurisdiction of the city civil court. that would clearly defeat the purpose of omission of section 300 of the indian succession act .....

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Feb 06 2006 (HC)

Ashok Kumar Kapur and ors. Vs. Ashok Khanna and ors.

Court : Kolkata

Decided on : Feb-06-2006

Reported in : 2008(1)CHN807

..... action under order 37, code of civil procedure.(4) an order rescinding leave of the trial judge granted by him under clause 12 of the letters patent.(5) an order deciding a preliminary objection to the maintainability of the suit on the ground of limitation, absence of notice under section 80, bar ..... which might guide a division bench in deciding whether an order passed by the trial judge amounts to a judgment within the meaning of the letters patent. such illustrations are as follows:(1) an order granting leave to amend the plaint by introducing a new cause of action which completely alters the ..... was not a case falling under section 34 of the said act. according to mr. sarkar, here also the appealability under clause 15 of the letters patent was not under consideration. hence, the same cannot be a help to the respondent. the case reported in air 1945 sind 81 (supra) discusses the ..... has held that the statutory provision barring an appeal and revision cannot cut across the constitutional power of the high court under clause 15 of the letters patent. it was held that no bar to appeal was discernible from section 6(3) of the specific relief act. he also relied upon a decision reported ..... does not adjudicate right of any party nor determines any issue, therefore, cannot be termed as 'judgment' within the meaning of clause 15 of the letters patent. he relied upon a decision reported in : [1982]1scr187 (shah babulal khimji v. jayaben d. kania and anr.).6. since the point of appealability was .....

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Sep 26 2006 (HC)

ifb Agro Industries Ltd. and ors. Vs. the Excise Commissioner and ors.

Court : Kolkata

Decided on : Sep-26-2006

Reported in : 2007(1)CHN473

..... the supreme court four years thereafter and pointed out that the supreme court did not hesitate to interfere with its earlier decision when it found that the said decision was patently wrong. by relying upon the said decision, mr bose tried to persuade us that notwithstanding the decision of p.c. ghosh, j., which has attained finality, we can ignore the .....

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