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Judgment Search Results Home > Cases Phrase: patents Court: mumbai Year: 2013 Page 1 of about 189 results (0.024 seconds)

Jan 08 2013 (HC)

Upendra Kantilal Thanawala and Others Vs. Shree Ram Builders and Other ...

Court : Mumbai

Decided on : Jan-08-2013

..... would have been defendant who was carrying on business within the jurisdiction of this court and therefore, in terms of clause 12 of the letters patent, the suit filed by the claimant on the subject matter of the arbitration, in this court against the petitioner was maintainable in this court. ..... respondents residing within the territorial jurisdiction of this court, this court alone has jurisdiction after petitioner obtaining leave under clause 12 of the letters patent. it is submitted that this court has rightly granted leave under section 12 and no case is made out for recalling the said order ..... , this court has jurisdiction to entertain, try and dispose of the present petition. this court has already granted leave under clause 12 of the letters patent to the petitioners in view of the fact that the property is situated outside mumbai. ? (f) mr. kamdar, learned senior counsel submits that ..... to entertain, try and dispose of the present petition. (c) mr. kamdar, the learned senior counsel places reliance on clause 12 of the letters patent which reads thus: ??12. original jurisdiction as to suits ?? and we do further ordain that the said high court of judicature at bombay, in ..... summons inter-alia praying for recalling of the order dated 15th march, 2012 passed by this court granting leave under clause xii of the letters patent. 3. mr.dhakephalkar, the learned senior counsel appearing for the respondents in support of the chamber summons made following submissions:- (a) agreement for .....

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Apr 03 2013 (HC)

Adai Mehra Production Pvt. Ltd. Vs. Sumeet P. Mehra and Another

Court : Mumbai

Decided on : Apr-03-2013

..... picture titled sanjeer starring amitabh bachchan, jaya bhaduri, pran, ajit and others. ??intellectual property rights ? shall mean any and all forms of intellectual property including but not limited to copyrights, patents, trademarks, designs, digital rights and all other analogous rights as are commonly understood under applicable laws in india and other jurisdiction and ancillary rights. scope of agreement: it is has .....

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Sep 06 2013 (HC)

M/S. Vodafone India Service Pvt. Ltd., (Formerly Known as 3 Global Ser ...

Court : Mumbai

Decided on : Sep-06-2013

..... or thing; (b) the purchase, sale, transfer, lease or use of intangible property, including the transfer of ownership or the provision of use of rights regarding land use, copyrights, patents, trademarks, licences, franchises, customer list, marketing channel, brand, commercial secret, know-how, industrial property right, exterior design or practical and new design or any other business or commercial rights ..... constituted there-under have adequate legal training and background. the judgment, however, supports mr. salve's contention that if the exercise of powers is wholly without jurisdiction or patently in excess of jurisdiction, this court may exercise its power to issue the prerogative writ of certiorari. thus, had we come to the conclusion that the tpo lacked inherent ..... and the instant case is in point ?? where the error, irregularity or illegality touching jurisdiction or procedure committed by an inferior court or tribunal of first instance is so patent and loudly obtrusive that it leaves on its decision an indelible stamp of infirmity or vice which cannot be obliterated or cured on appeal or revision. if an inferior ..... caveat "normally and absent any other circumstances" is entered consciously and advisedly for we cannot rule out the possibility of there being cases where the assumption of jurisdiction is patently absurd and unsustainable such as where there is no transaction at all and where, therefore, no amount can be brought to tax. although even in such cases an assessee .....

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Sep 23 2013 (HC)

Cipla Limited Vs. Registrar of Trade Marks and Another

Court : Mumbai

Decided on : Sep-23-2013

..... of section 25(3) is void. 9 mr.joshi, the learned counsel appearing on behalf of the respondents submitted that public notice had been issued by the controller-general of patents, designs and trade marks, who is the registrar of trade marks calling upon the parties who had not paid the renewal fee and who had not received the form o .....

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Sep 04 2013 (HC)

Nandu S/O Sambaji Nagarkar Vs. State of Maharashtra, Through Its Secre ...

Court : Mumbai Nagpur

Decided on : Sep-04-2013

..... m.r. in 1898 found the rule ??as necessary now, as it was when lord coke reported 'heydon's case (v) ? . in ?? 'eastman photographic material co. vs. comptroller general of patents, designs and trade marks' 1898 act 571 at p.576 (x) earl of halsbury reaffirmed the rule as follows : ??my lords, it appears to me that to construe the statute .....

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Aug 20 2013 (HC)

Chandrashekhar S/O Manohar Tanksale Vs. Pandharinath S/O Vithobaji New ...

Court : Mumbai Nagpur

Decided on : Aug-20-2013

..... considered view that the learned single judge has erred in interfering with the order of the executing court. in that view of the matter, the appeal succeeds. (a) the letter patents appeal is allowed. (b) the impugned order passed by the learned single judge is quashed and set aside. (c) the petition filed by the respondent/tenant is dismissed. (d) the ..... cannot be said that the objection is such which is apparent on the face of the record. 23. insofar as the orders passed by the division bench in two letter patent appeals are concerned, the said orders are merely some orders inter se between the parties issuing directions and do not lay down any proposition of law and as such the .....

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Jan 22 2013 (HC)

Ansari Asraf Azami @ Asraf Azmi Vs. Ansari Sana Masood D/O.Masood Ansa ...

Court : Mumbai

Decided on : Jan-22-2013

..... only by exercising powers under article 227 and that mentioning of article 226 is redundant, thus depriving the party of a right of appeal under clause 15 of the letters patent. the cause title, the averments and prayers in the petition can be taken into account while deciding whether the petition is one under article 226 and/or 227 of the ..... in advanioerlikon ltd. vs. machindra govind makasare and ors., 2011 (2) mah. l.j. 916. it has been held by the full bench that appeal under clause 15 of letters patent is available against a judgment of a single judge in a petition which properly invokes the provisions of article 226 of the constitution. on the other hand such an appeal .....

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Jan 23 2013 (HC)

Anilkumar Phoolchand Sanghvi and Others Vs. Chandrakant Phoolchand San ...

Court : Mumbai

Decided on : Jan-23-2013

..... orders against which an appeal under "any other law for the time being in force" is not permitted. section 104(2) would not thus bar a letters patent appeal. effect must also be given to legislative intent of introducing section 4 c.p.c. and the words "by any law for the time being in force ..... of the code, and 3) appeals provided by any law for the time being force. it is not disputed that an appeal provided under the letters patent of the high court is an appeal provided by a law for the time being in force. 30. as such an appeal is expressly saved by section ..... paragraphs 29 and 30 of order read as under:- ??29. thus, the consensus of judicial opinion has been that section 104(1) civil procedure code expressly saves a letters patent appeal. at this stage it would be appropriate to analyze section 104 c.p.c. sub-section (1) of section 104 cpc provides for an appeal from ..... done to give effect to the calcutta, madras and bombay views that section 104 did not bar a letters patent. as appeals under "any other law for the time being in force" undeniably include a letters patent appeal, such appeals are now specifically saved. section 104 must be read as a whole and harmoniously. if ..... general exclusion of this nature would not be sufficient. we are not saying that a general exclusion would never oust a letters patent appeal. however when section 104(1) specifically saves a letters patent appeal then the only way such an appeal could be excluded is by express mention in 104(2) that a letters .....

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Jan 30 2013 (HC)

Agricultural Produce Market Committee Vs. the Hon'ble Member, Industri ...

Court : Mumbai Nagpur

Decided on : Jan-30-2013

..... ) and its object. he, therefore, prays for allowing the letters patent appeal. 15. provision of section 2(e) of industrial employment (standing orders) act, 1946 defines ??industrial establishment ? to mean an ??industrial establishment ? as defined in clause (ii) of section ..... whether statutory act of regulation by itself tantamounts to adaption is a disputed question of fact and hence it cannot be gone into for the first time in this letters patent appeal. he has again reiterated the part of his arguments already reproduced above to urge that disjunctive interpretation of clause (f) militates with 1982 amendment to section 2(ii ..... ? , object of constitution of apmc has been examined and then a finding that the appellant-apmc is other establishment has been reached. he, therefore, prays for dismissal of letters patent appeal. 14. the learned counsel for the appellant, in his brief reply argument, has submitted that the reliance upon the judgment of allahabad high court by the learned agp is ..... in establishment i.e. market yard of apmc was sufficient to include it in that clause. it is precisely this observation and finding which has been questioned in present letters patent appeal. 4. shri uday dastane, the learned counsel appearing for the appellant, at the outset, pointed out that in absence of model standing orders, the service regulations of .....

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Mar 06 2013 (HC)

Vishnu Ramchandra Patil and Others Vs. Group Gram Panchayat and Others

Court : Mumbai

Decided on : Mar-06-2013

..... , it is essential to move a motion of no confidence in the meeting convened to consider such motion. 18 as a result, we have no hesitation in allowing these letters patent appeals and to set aside the decision of the learned single judge of this court. further, we set aside the direction issued by the concerned authority and including the impugned ..... prescribed under rule 17 of the meeting rules. on the basis of these submissions the learned counsel for the respondents submits that there is no substance in the present letters patent appeals and the same are liable to be dismissed with costs. 13 after hearing both sides at length, in our opinion, two broad points would arise for our consideration: (i ..... k.k. tated, j. 1. heard learned counsel for the parties. 2. in these letters patent appeals, common question of law has been argued and, therefore, we are disposing of the same by this common judgment. each of these appeals challenge the order passed by the .....

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