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Judgment Search Results Home > Cases Phrase: patents Court: kolkata Year: 2010 Page 1 of about 77 results (0.010 seconds)

Feb 26 2010 (HC)

Anglo Properties and Traders Pvt. Ltd. and ors. Vs. the Controller Gen ...

Court : Kolkata

Decided on : Feb-26-2010

..... ) it is open to the court to consider whether the award is against the specific terms of contract and if so, interfere with it on the ground that it is patently illegal and opposed to the public policy of india.. 6. in deciding the issue as to whether the petitioners were entitled to rent for the four months as claimed, the ..... is (i) contrary to substantive provisions of law; or(ii) the provisions of the arbitration and conciliation act, 1996; or(iii) against the terms of the respective contract; or(iv) patently illegal; or(v) prejudicial to the rights of the parties; is open to interference by the court under section 34(2) of the act.(b) the award could be set ..... . the parties report that the arbitrator had not deemed oral evidence necessary.4. as recorded in the initial paragraphs of the award, the petitioners herein contended that the controller of patents operated his office at the premises till or about april, 2005 but the furniture and fixtures thereat were removed only on september 6, 2005. the claim for rent for the ..... , the petitioners demised unto the government of india an area of 9400 sq. ft. on the ninth floor of premises no. 44, park street, calcutta - 700 016. the controller of patents used the premises as his office. the agreement provided for enhancement of rent on a periodic basis. the petitioners carried two major heads of claim to the reference. the petitioners .....

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Sep 16 2010 (HC)

Lucky Exports Vs. the Controller of Patents and Designs and ors.

Court : Kolkata

Decided on : Sep-16-2010

the court : this appeal has been filed under section 36 of the designs act 2000. the case of the appellant is that coaster brake hub was manufactured and marketed by russia since 1920. subsequently, the appellant acquired the design of such coaster brake hub and started manufacturing and marketing the same. it later transpired that the respondents were registered in the said design since 2005 and in fact a suit was filed in the court of the district judge ludhiana. as no interim relief was granted, an appeal was filed on 24th july, 2009. an order was passed in view of the application filed under section 19 of the 2000 act directing that the same be heard and in the event the same was dismissed, the respondents would be precluded from manufacturing the product registered. the application under section 19 of the 2000 act was heard and disposed of by order dated 25th august, 2010 whereby the application for cancellation has been rejected. hence, the instant appeal has been filed and orders sought. counsel for the appellant submits that in the plaint filed in ludhiana the partners of the respondent no.3 have claimed to have invented coaster brake hub and upon such inventory have manufactured the same and marketed the product and, therefore, acquired goodwill. the registration of the said product is in october, 2005 but prior thereto advertisements have been published in february and may 2005. these publications have been enclosed in the plaint filed before the ludhiana court. .....

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Nov 03 2010 (HC)

Smt. Biva Pyne and Another. Vs. Chunilal Pyne and Others.

Court : Kolkata

Decided on : Nov-03-2010

..... to assert title or seek or preserve possession of a property situate outside jurisdiction, the court would revoke the leave granted under clause 12 of the letters patent. the sequence of events that appears from the plaint and the manner in which the plaintiffs have conducted the proceedings say it all. paragraph 20 of the ..... the primary motive of the plaintiffs was to assert their title or possessory rights in respect of the panihati property, leave under clause 12 of the letters patent could not have been obtained and ought now to be revoked. the proposed added defendants rely on another division bench judgment reported at air 1983 cal 420 ..... the assessment of the primary objective of the suit. though the defendants have not expressly sought revocation of the leave granted under clause 12 of the letters patent, the primary prayer in ga no. 3090 of 2006 is for rejection of the plaint which is a higher prayer than one for revocation of leave under ..... of the code sought nor was any granted when the plaint was presented on september 5, 2006. leave was granted under clause 12 of the letters patent and under order ii rule 2 of the code. the suit is valued at rs.11 lakh and the reliefs claimed include a declaration that the first ..... be a suit for land in respect of an immovable property situated beyond jurisdiction. consequently, the leave granted under clause 12 of the letters patent is revoked. ga no. 3090 of 2006 is disposed of. in the wake of the leave granted under clause 12 of the letters .....

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Jan 29 2010 (HC)

Magma Fincorp Ltd. Vs. Bunty J.C.B. Earth Movers and anr.

Court : Kolkata

Decided on : Jan-29-2010

..... arbitration act. therefore the first question is answered in the affirmative.28. the second question is as regards the propriety of grant of leave under clause 12 of the letters patent. the petitioner deliberately mis-interpreted the order dated 4th december 2009. the direction passed by this court on 4th december 2009 has also been deliberately mis-interpreted as would appear ..... recorded that the practice of the madras high court in exercise of its ordinary original civil jurisdiction has never been to insist upon leave under clause 12 of the letters patent for institution of an application under arbitration act 1940 or an application under arbitration & conciliation act 1996 whereas practice of this court has always been to the contrary. the ..... because part of the cause of action arose within territorial jurisdiction of this court.9. two questions therefore arise for determination:a) whether leave under clause 12 of the letters patent is necessary for institution of a petition under section 9 of the arbitration & conciliation act 1996 where only a part of the cause of action has arisen within the territorial ..... jurisdiction of this court.2. mr. banerjee, learned advocate appearing for the petitioner moved the petition on 20th november 2009 and prayed for leave under clause 12 of the letters patent when the following order was passed:the petitioner is granted liberty to file a supplementary affidavit disclosing all records which he may have pursuant to the transaction which is the .....

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May 07 2010 (HC)

Boc India Limited and anr. Vs. Kolkata Metropolitan Development Author ...

Court : Kolkata

Decided on : May-07-2010

..... and conditions of the tender notice and also because of the complaint letter of m/s. sytco inc.36. so far so good; the aforesaid facts would not reveal any patent abnormality for which the writ court's interference would be warranted. the respondents would have been justified in contending that they being the best judges in the circumstances, decision had .....

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Dec 07 2010 (HC)

itc Limited. Vs. Godfrey Phillips India Limited.

Court : Kolkata

Decided on : Dec-07-2010

..... there being no averment in the plaint for the independent cause of action relating to passing-off being carried to this court, clause 14 of the letters patent confers jurisdiction on this court to consider, at any stage of the suit, as to whether such cause of action could have been joined with the cause ..... pursue the cause of action as to passing-off in this suit, both because the plaintiff has not yet sought leave under clause 14 of the letters patent and the defendant has not applied its mind to address the issue of convenience in the present application. section 134(2) of the 1999 act is ..... the suit, the delhi view on splitting the causes of action to retain one and release the other should not be followed. clause 14 of the letters patent applicable to this court ordains that where a plaintiff has several causes of action against the defendant, such causes of action not being for land and other ..... of the alleged cause of action on such count is alleged in the plaint to have arisen within jurisdiction and no leave under clause 12 of the letters patent has been obtained. in effect, the defendant has sought a stay of the suit in so far as it relates to the claim on account of ..... suit was brought in this court on the strength of the plaintiffs principal place of business being within jurisdiction. no leave under clause 12 of the letters patent has been sought though the claim is both on account of infringement and for alleged passing-off. despite the fact that it is of little relevance in .....

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Jan 08 2010 (HC)

Hindustan National Glass and Industries Limited Vs. Ganesh Kumar Agarw ...

Court : Kolkata

Decided on : Jan-08-2010

..... . it has come to notice that in the order dated december 22, 2009 made on defendant' s application for revocation of the leave granted under clause 12 of the letters patent, the order of appearance has been erroneously recorded. the words 'plaintiff' and 'defendant' should be interchanged in the appearance recorded therein. the department, including the computer section, should incorporate such ..... .counsel for the plaintiff submits that although the point of jurisdiction is being canvassed, no prayer has been made for revocation of leave granted under clause 12 of the letters patent. the facts disclosed in the instant petition has not been disclosed earlier.having considered the submissions of the parties and at the suggestions of the parties the marble which has ..... application that is now irrelevant as the plaintiff's application has ripened for final hearing. the defendant's application for revocation of leave granted under clause 12 of the letters patent on the ground that this is a suit for land has recently failed.2. the plaintiff refers to a memorandum of understanding of august 4, 2008. the first recital records .....

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Oct 06 2010 (HC)

Subimal Chakraborty Vs. the State of West Bengal and ors.

Court : Kolkata

Decided on : Oct-06-2010

..... of the director of rationing to de-link 2,000 cards from the shop of the writ-petitioner by way of punishment in exercise of power under paragraph 26 was patently illegal. we, therefore, set aside that part of the order dated 30th june, 2010 impugned in the writ-application by which the director of rationing de-linked 2,000 apl .....

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Dec 03 2010 (HC)

Union of India Vs. Surya Alloy Industries Limited

Court : Kolkata

Decided on : Dec-03-2010

..... order passed by a court lacking territorial jurisdiction is an order without jurisdiction and thus, comes under the purview of clause 15 of the letters patent as it satisfies the conditions of a judgement within the meaning of that clause. 11. at this stage, we may profitably refer to the following ..... such order, the same can be challenged as a judgement of a court having no territorial jurisdiction by taking shelter under clause 15 of the letters patent. 9. in order to pass an effective order under section 8 of the act, in our opinion, the court must be competent to entertain ..... . 6. the learned single judge has accepted the said submission of the plaintiff and after revoking the leave granted under clause 12 of the letters patent, nevertheless, passed an order of reference in terms of section 8 of the act. the learned single judge has, however, specifically clarified by recording ..... entering appearance in the suit, the appellant, at the very first opportunity, prayed for revoking the leave granted under clause 12 of the letters patent pointing out that in view of forum selection clause, the jurisdiction of the calcutta high court has been excluded and that there was also a ..... to arbitrator in accordance with the agreement between the parties. being dissatisfied, the defendant has come up with this appeal under clause 15 of the letters patent. 2. mr. mitra, the learned advocate appearing on behalf of the plaintiffrespondent, at the outset, has taken a preliminary objection as to the .....

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Jan 29 2010 (HC)

Assam Company Limited and ors. Vs. the State of Andhra Pradesh and ors ...

Court : Kolkata

Decided on : Jan-29-2010

..... their just desserts; it would send out a wrong signal for others to emulate such inglorious practice.37. the leave granted under clause 12 of the letters patent is revoked. cs no. 284 of 2001, as a consequence, can no longer be continued in this court. ga no. 649 of 2002 is ..... obligation took place at calcutta....31. the defendant in that case had not applied for revocation of leave granted under clause 12 of the letters patent. the defendant contended in the appeal that it had urged a point of jurisdiction that no part of the plaintiff's cause of action had ..... on such score appear to be insurmountable. since the defendant nos. 1 and 2 have sought revocation of leave granted under clause 12 of the letters patent, it is such jurisdictional issue that needs to be first addressed before proceeding, if necessary, to assess other matters touching upon the merits.27. the ..... grounds narrated for invoking the territorial jurisdiction of this court should result in the immediate revocation of the leave granted under clause 12 of the letters patent. the applying defendants say that there is a more fundamental ground for arresting the progress of the suit. according to them, all disputes arising out ..... the principal application taken up for consideration is the one by the first two defendants for revocation of the leave granted under clause 12 of the letters patent or, in the alternative, for dismissal of the suit or, in the further alternative, for rejection of the plaint. in ga no. 649 of 2002 .....

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