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Judgment Search Results Home > Cases Phrase: patents Court: mumbai Year: 2005 Page 3 of about 154 results (0.008 seconds)

Mar 09 2005 (HC)

infrastructure Leasing and Financial Services Limited Vs. Dsq Holding ...

Court : Mumbai

Decided on : Mar-09-2005

Reported in : 2005(3)BomCR22; 2005(2)MhLj965

..... empowered to grant leave under clause xii of the letters patent and on leave being granted, this court would have jurisdiction. in the present case, according to the learned counsel for the defendant, all the ..... of mortgage is sought then in that event the suit cannot be instituted in this court by obtaining leave under clause xii of the letters patent. he has further contended that only if there are some of the properties situated within the jurisdiction of this court, then the court is ..... properties involved and some of them are situated within jurisdiction of this court then alone on leave being obtained under clause 12 of the letters patent this court shall have jurisdiction to entertain and try the suit in this court. according to the learned counsel for the defendant, the suit ..... business outside mumbai. the court will therefore have jurisdiction to entertain and try the present suit upon leave being granted under clause xii of the letters patent. additionally, it has been specifically agreed by and between the parties that all disputes shall be subject to mumbai jurisdiction only.' 6. this court ..... outside mumbai. this court will have therefore jurisdiction to entertain and try the present suit upon leave being granted under clause xii of the letters patent this hon'ble court being granted to the plaintiffs, which is separately applied for.'5. the present suit arises out of the amount of .....

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Feb 03 2005 (HC)

Caribjet Inc. Vs. Air India Limited

Court : Mumbai

Decided on : Feb-03-2005

Reported in : 2005(3)ALLMR443; 2005(3)BomCR94; 2005(2)MhLj461

..... procedure adopted by the office. sawant j. directed the office not to return the plaint for want of leave under clause 12 of the letters patent but only require the plaintiff to obtain the leave and admit it to the register when leave is obtained. the office followed and implemented the ..... subsequently adding the defendants. beaumant c.j. speaking for the bench held thus :'..... in my judgment the words of clause 12 of the letters patent are quite clear and make the obtaining of leave a condition precedent to the entertainment by this court of a suit in which the cause of ..... arisen within the local limits of its jurisdiction unless leave of the court shall have been first obtained. leave under clause 12 of the letters patent is condition precedent to the jurisdiction, so that unless the condition is fulfilled by obtaining the necessary leave to sue, the court will have no ..... us to the second point raised by the mr. tulzapurkar. the submission of mr. tulzapurkar may be summarised thus : clause 12 of the letters patent as applicable to this court provides that this court in exercise of its ordinary original civil jurisdiction shall be empowered to receive, try and determine suits ..... , it is contended that the plaintiff has first lodged the suit on 24th july, 2001 without obtaining prior leave under clause 12 of the letters patent; whereas leave has been granted subsequently on 8th september, 2001 which was impermissible and consequently the order is void and without jurisdiction.4. first we .....

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Oct 27 2005 (HC)

Shree Ram Mills Limited Vs. Kalpataru Construction Overseas Pvt. Ltd. ...

Court : Mumbai

Decided on : Oct-27-2005

Reported in : 2006(1)ARBLR229(Bom); 2006(1)BomCR89; (2005)107BOMLR779

..... proceeded to appoint the receiver and confer upon him powers to develop the property of the petitioner, needs to be interfered with. the order and direction in that behalf is patently unsustainable being vitiated by obvious error as aforesaid. 83. however, we are of the view that since the arbitral tribunal is yet to go into the claim of the petitioner ..... prima facie. he invites our attention to para 3.24(g) of the petition and the affidavit in reply containing denial on this aspect. mr. chagla submits that denial is patently false. 57. for all the aforesaid reasons, mr. chagla submits that there is strong prima facie case made out by the petitioner. balance of convenience is also in favour of ..... the subject of the contract, much less for the larger plot which was not even the subject of the contract. 42. mr. bobde submits that the learned single judge has patently misread the letter dated 14th january 2005. mr. bobde further submits that the letter only says that the respondent confirms and accepts the clause suggested regarding the guarantees. it does ..... s.c. dharmadhikari, j.1. this appeal under section 37 of the arbitration and conciliation act, 1996 (for short 'the arbitration act') read with clause 15 of the letters patent challenges an order passed by a learned single judge in arbitration petition no. 78 of 2005. by the order under challenge, the learned single judge has, on a petition filed .....

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Oct 17 2005 (HC)

Bombay Environmental Action Group, a Society Registered Under the Soci ...

Court : Mumbai

Decided on : Oct-17-2005

Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)

..... elevator employees union v. union of india - : (2004)illj217sc wherein the apex court has held that unless legislation which is a manifestation of the policy decision of the state is patently arbitrary, court will not interfere in the implementation of such a policy. the learned advocate general thereafter referred to another decision of the hon'ble supreme court in the case ..... in the case of otis elevators - : (2004)illj217sc the learned advocate general for the state has pointed out the observations of the supreme court that if the legislation is not patently arbitrary, this court will not monitor implementation of such policy, unless the same is discriminatory or arbitrary. the hon'ble supreme court endorsed the view of the high court that .....

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Aug 12 2005 (TRI)

Commissioner of Central Excise Vs. Core Healthcare Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Aug-12-2005

Reported in : (2004)(178)ELT490Tri(Mum.)bai

..... following astra pharmaceutical pvt. ltd., it was held that where the goods are being manufactured under the names mentioned in pharmacopoeia, they cannot be held to be classifiable as patent or proprietary medicine.bdh industries ltd., v.commissioner of central excise, mumbai-v wherein the assessee claimed the goods to be classifiable under heading 3003.10 and claimed modvat credit ..... by the respondents in which they could claim proprietary rights, the same have to be held as not patent or proprietary medicaments. similarly, in the case of liva pharma ltd. v. commissioner of central excise, aurangabad , it was noticed that the name ranitidine appears in the pharmacopoeia ..... names under which the product is described having been given in the pharmacopoeia, mentioning of the name reflecting the connection with the manufacturer will not make the medicine as patent or proprietary. inasmuch as in the present case also the medicines are being sold under the product's name as described in pharmacopoeia and were not special preparation made ..... cleared for home consumption under heading 3003.20 chargeable to nil rate of duty.however, in respect of the products being exported by them, the classification has been claimed as patent and proprietary medicines falling under heading 3003.10. accordingly, the respondents cleared the said goods on payment of duty after availing the benefit of modvat credit.3. proceedings were .....

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May 18 2005 (TRI)

Amitabh Bachchan Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : May-18-2005

Reported in : (2005)97TTJ(Mum.)516

..... act for abcl which would assign. (d) the artist did not possess any right in any performance on date of agreement which he could assign. (e) the terms 'design and patent' referred to in the agreement remained undefined. indemnity clause 6.12 stipulates that artist agrees and shall keep fully indemnified at all times m/s abcl from and against all ..... .17 in the light of the above discussions, the following inferences were drawn : "(a) the agreements suffer from ambiguities, the patent one being the recourses open to the company in case of any breach by the artist as explained above. the patent ambiguity is non-disclosure of basis on which payment of rs. 15 crores is made and the basis on which .....

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Jun 06 2005 (HC)

Pusaram S/O Dashrathlalji Agrawal and anr. Vs. Ratilal S/O Valji Laddh ...

Court : Mumbai

Decided on : Jun-06-2005

Reported in : 2005(6)BomCR164; 2005(4)MhLj341

..... defendants. the suit was filed at calcutta and none of the lands were located in west bengal. the special bench considers clause 12 of letters patent, calcutta and also section 20 of civil procedure code. clause 12 of letters patent divided suits into two categories (i) suits for land and (ii) suits which are not suits for land. the suits for land could be .....

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Sep 29 2005 (HC)

Modella Woollens Ltd. Vs. the Official Liquidator and ors.

Court : Mumbai

Decided on : Sep-29-2005

Reported in : 2006(1)BomCR276; [2007]139CompCas663(Bom)

..... company judge was in error and the order passed by him is illegal or otherwise vitiated so as to be interfered with by us under clause 15 of the letters patent. 29. she has also invited our attention to the relevant provisions of the public premises eviction act. she submits that the authorities and rulings relied upon by mr. madon would ..... 020, is a trespasser, having no legal right to use and occupy these office premises and that a licence purported to have been created by the company in liquidation was patently illegal, fraudulent and void, ab-initio. prayer clause (b) of the company application sought a further declaration that a decree passed by the court of small causes, mumbai in rad ..... s.c. dharmadhikari, j.1. this appeal under clause 15 of the letters patent is directed against an order passed by a learned single judge of this court on the above company application. by the order dated 13th april 1995 the learned single judge .....

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Mar 01 2005 (TRI)

Hindalco Industries Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Mar-01-2005

Reported in : (2005)94ITD242(Mum.)

..... of a literary, artistic, or scientific work, including cinematograph films or work on film, tape or other means of reproduction for use in connection with radio or television broadcasting, any patent, trademark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience, including gains derived from the alienation of any such right or property ..... of a literary, artistic, or scientific work, including cinematograph films or work on film, tape or other means of reproduction for use in connection with radio or television broadcasting, any patent, trademark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or "scientific experience, including gains derived from the alienation of any such right or property ..... or diminution by the law of the land. it is contended that biswas in encyclopedic law dictionary has defined the term 'property' as including goodwill, trademarks, licence to use a patent, book debts, options to purchase, life policies and other rights under a contract. a reference is made to the hon'ble supreme court's judgment in the case of scientific .....

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Mar 24 2005 (HC)

Noorjahan Wd/O. Altaf Ahemd, Vs. Sadrunisa Wd/O. Haji Fatehulla Khan ( ...

Court : Mumbai

Decided on : Mar-24-2005

Reported in : 2005(4)BomCR640; 2005(3)MhLj10

..... single judge by an order dated 28.9.1992 directed the proposed amendment to be considered only after the plaintiff's petition for leave under clause xii of the letters patent was decided. (c). the plaintiff's petition for leave was filed on 8.10.1992 and the plaintiff re-lodged the laint. however, leave under clause xxii of the letters ..... patent was refused by jhunjhunwala, j. (as he then was). the suit was thereafter given its present number. 5. in the circumstances, the present suit is concerned only with the bombay .....

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