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Judgment Search Results Home > Cases Phrase: patents Court: supreme court of india Year: 2004 Page 1 of about 108 results (0.210 seconds)

Jan 15 2004 (SC)

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Decided on : Jan-15-2004

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... to mean, "land ofwhatever description ... and includes all benefits to arise out of land".lands held for carrying on mining operations would be taken in by the saiddefinition. it is patently clear that 'minerals', which are benefitsarising out of land, will be roped in within the purview of the levy undersection 3(1) read with section 2(c) of the act ..... a grantor or lessor, on the working of the property leased, or otherwise on the profits of the grant of lease. the word is especially used in reference to mines/ patents and copyrights."prem's judicial dictionary (1992, vol. 2, page 1458) - "royalties are payments which the government may demand for the appropriation of minerals, timber or other property belonging to ..... the demised mineral worked within a specified period"wharton's law lexicon (fourteenth edition, page 893) - "royalty, payment to a patentee by agreement on every article made according to his patent; or to an author by a publisher on every copy of his book sold; or to the owner of minerals for the right of working the same on every ton ..... , that part of the reddendum which is variable, and depends upon the quantity of minerals gotten or the agreed payment to a patentee on every article made according to the patent. rights or privileges for which remuneration is payable in the form of a royalty"words and phrases, legally defined (third edition, 1990, vol.4, page 112) - "a royalty, in the .....

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Oct 07 2004 (SC)

P.S. Sathappan (Dead) by Lrs. Vs. Andhra Bank Ltd. and ors.

Court : Supreme Court of India

Decided on : Oct-07-2004

Reported in : AIR2004SC5152; 2004(5)CTC209; JT2004(8)SC464; (2005)1MLJ105(SC); RLW2005(1)SC19; 2004(8)SCALE601; (2004)11SCC672

..... 1 of the cpc.c) there is no inconsistency between section 104 read with order 43 rule 1 and the appeals under letters patent, as letters patent in any way does not exclude or override the application under section 104 read with order 43 rule 1 which shows that these ..... in the appeal against the ultimate decree in terms of section 105 thereof.nature and extent of power of the high court under letters patent :36. letters patent is a special statue but in the event of a conflict, as would appear from the discussions made hereinafter, the provisions of the ..... court exercising appellate jurisdiction, provided the judgment appealed against is not one which was preferred against an appellate order, meaning thereby that no letters patent appeal would lie against an order passed by a single judge in second appeal, or an order passed in revisional jurisdiction, the latter part ..... 1988]2scr1043 and dipak chandra ruhidas v. chandan kumar sarkar, : air2003sc3701 .52. even in the aforementioned cases also, it has been held that a letters patent appeal may be barred by implication.appeal under special statute:53. the question, however, may be different when an appeal is provided for under a special ..... election petition expressly provided under section 116a of the representation of the people act, it will be evident that a right of appeal under the letters patent had been held to have been taken away by necessary implication. (see n.p. ponnuswami v. returning officer. namakkal constituency and ors. 1952 .....

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Mar 18 2004 (SC)

M.P. Vidyut Karamchari Sangh Vs. M.P. Electricity Board

Court : Supreme Court of India

Decided on : Mar-18-2004

Reported in : [2004(101)FLR670]; JT2004(3)SC423; (2004)IILLJ470SC; 2004(3)SCALE383; (2004)9SCC755; 2004(2)SLJ414(SC); (2004)2UPLBEC1313

..... as writ petition no. 7255 of 2000. the said writ petition was dismissed by a learned single judge of the high court where against the appellant herein preferred a letters patent appeal marked as letters patents appeal no. 34 of 2001. by reason of the impugned judgment dated 11.9.2001, the division bench dismissed the said appeal.high court

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Feb 12 2004 (SC)

Punam Devi and anr. Vs. Divisional Manager, New India Assurance Co. Lt ...

Court : Supreme Court of India

Decided on : Feb-12-2004

Reported in : I(2004)ACC720; 2004ACJ785; AIR2004SC1742; 2004(2)AWC1518(SC); 2004(1)BLJR787; (SCSuppl)2004(4)CHN9; [2004]120CompCas131(SC); 2004(2)CTC79; [2004(2)JCR95(SC)]; JT2004(3)SC33

..... judge of the high court dismissed the appeal on the ground that the same was not maintainable. aggrieved, the respondent-insurance company further filed a letters patent appeal before the high court. the letters patent bench set aside the order of the learned single and remitted the matter back upon framing issues for determination by the single judge. it is against the ..... the driver had no licence was open to the insurer which it failed to discharge.3. in that view of the matter, the division bench erred in allowing the letters patent appeal.4. we, therefore, set aside the order and judgment of the division bench, the appeal is allowed. there shall be no order as to costs.

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Jun 04 2004 (SC)

Indian Mineral and Chemicals Co. and ors. Vs. Deutsche Bank

Court : Supreme Court of India

Decided on : Jun-04-2004

Reported in : AIR2004SC3615; III(2004)BC179; (2004)3CALLT49(SC); [2005]123CompCas4(SC); 2004(3)CTC380; [2004(4)JCR147(SC)]; JT2004(5)SC64; 2004(6)SCALE110; (2004)12SCC376; (2004)2UPLBEC1

..... of leave :'i do really protest against questions of difficulty and importance being dealt with by an application to revoke the leave under cl.12, letters patent and to take the plaint off the file. normally it is well settled that the proper way to plead to the jurisdiction of the court is to ..... all these matters will have to be decided on evidence and cannot be decided on an application for revocation of leave under clause 12 of the letters patent.15. the observations of rankin cj in secretary of state v. gulab rai pali ram (supra) correctly represents the law as to how the court should ..... the jurisdiction of the high court.10. we are of the opinion that the learned judges erred in revoking leave under clause 12 of the letters patent in view of the clear assertions made in the plaint and the assertions in a plaint must be assumed to be true for the purpose of ..... been ready for hearing since that date.8. on 30th august 1999, the respondent made an application for revocation of leave under clause 12 of the letters patent on the ground that no part of the cause of action arose within the jurisdiction of the calcutta high court. the learned single judge dismissed the application ..... the impugned order, the division bench has allowed the respondent's application for revocation of leave which had been granted under clause 12 of the letters patent 1865 to the appellants to file a suit against the respondent in the calcutta high court. leave was revoked on the ground that no part of the .....

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Aug 12 2004 (SC)

Delhi Transport Corporation Vs. Shyam Lal

Court : Supreme Court of India

Decided on : Aug-12-2004

Reported in : AIR2004SC4271; 2004(6)ALD98(SC); 2004(3)AWC2697(SC); 113(2004)DLT1(SC); [2004(102)FLR1021]; JT2004(6)SC347; (2004)IIILLJ532SC; 2004(6)SCALE611; (2004)8SCC88; 2005(1)SLJ56(S

..... , j. 1. delhi transport corporation (hereinafter referred to as the 'employer') calls in question legality of the judgment rendered by a division bench of the delhi high court in letters patent appeal no. 298/2002 filed by the respondent (hereinafter referred to as the 'workman'). 2. background facts in a nutshell are as follows:the respondent-workman was found to have ..... )(b) of the act was to be granted to the employer to dismiss the respondent-workman. 4. the workman assailed the judgment of the learned single judge by filing letters patent appeal. by the impugned judgment by which several lpas and writ petitions were disposed of, the view of the tribunal was restored and that of learned single judge was set ..... making the admission to show why the admission is not to be acted upon. 8. be that as it may, we find that the division bench while dealing with letters patent appeal filed by the workman based its conclusions on other cases which related to unauthorized absence and where the factual background was not similar to those involved in the present .....

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Mar 31 2004 (SC)

State of Karnataka and anr. Vs. Dr. Praveen Bhai Thogadia

Court : Supreme Court of India

Decided on : Mar-31-2004

Reported in : AIR2004SC2081; 2004(2)ALD(Cri)46; 2004(2)BLJR912; 2004CriLJ1825; (2004)3GLR2242; JT2004(4)SC129; 2004(4)KarLJ484; 2004(2)KLT342(SC); 2004(4)SCALE115; (2004)4SCC684

..... instances and the antecedents involving or concerning those persons. if they feel that the presence or participation of any person in the meeting or congregation would be objectionable, for some patent or latent reasons as well as past track record of such happenings in other places involving such participants necessary prohibitory orders can be passed. quick decisions and swift as well ..... the need to protect and preserve law and order. the court was not acting as an appellate authority over the decision of the official concerned. unless the order passed is patently illegal and without jurisdiction or with ulterior motives and on extraneous considerations of political victimisation by those in power, normally interference should be the exception and not the rule. the ..... peace and tranquility without lapse of time acting emergently, if warranted, giving thereby paramount importance to societal needs by even overriding temporarily private rights keeping in view public interest, is patently inbuilt in section 144 of the code.11. the stand of the respondent before the high court was that the adm who passed the order was not covered by the .....

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May 05 2004 (SC)

Muller and Phipps (India) Ltd. Vs. the Collector of Central Excise, Bo ...

Court : Supreme Court of India

Decided on : May-05-2004

Reported in : 2004(94)ECC1; 2004(167)ELT374(SC); JT2004(Suppl1)SC490; 2004(5)SCALE391; (2004)4SCC787

..... customs, excise and gold (control) appellate tribunal (hereinafter referred to as the 'tribunal') question raised for our consideration is whether johnson's prickly heat powder and phipps processed talc are patent or proprietary medicines classifiable for the purposes of excise duty under the erstwhile tariff item 14e (as prior to 1.3.1986) and heading 30.03 (subsequent to 1.3 ..... a drug or medicament and not as cosmetics; that from 1970 till 1985 prickly heat powders have been classified and assessed under tariff item 14e of the old tariff as 'patent or proprietary medicines'; that the collector (appeals), disagreeing with the authorities, has taken the view that in view of the medicinal ingredients, namely, salicylic acid and boric acid which are ..... conditions as required by rule 17 of the drugs and cosmetics rules, 1945 have to be complied with; that the product is known and understood in commercial parlance as a patent or proprietary medicine used for the prevention and treatment of the disease, prickly heat; that the head of the pharmacology department of the grant medical college, mumbai has also opined .....

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May 06 2004 (SC)

Prabhakar Adsule Vs. State of M.P. and anr.

Court : Supreme Court of India

Decided on : May-06-2004

Reported in : AIR2004SC3557; 2004(5)ALLMR(SC)801; JT2004(5)SC187; RLW2004(3)SC430; 2004(5)SCALE790; (2004)11SCC249

..... special leave has been preferred against the judgment and decree dated 9.7.2001 of a division bench of high court of madhya pradesh at indore, by which the letters patent appeal preferred by state of madhya pradesh was allowed and the suit filed by the respondent, prabhakar adsule was dismissed.2. the property in dispute is a plot measuring 8 ..... aggrieved by the judgment and decree of the learned single judge, the state of madhya pradesh and m.p. housing board preferred separate letters patent appeals before a division bench of the high court. the letters patent appeal preferred by the state of madhya pradesh was allowed with costs and the suit was dismissed affirming the judgment and decree of the trial .....

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Jan 13 2004 (SC)

Jamshed Hormusji Wadia Vs. Board of Trustees, Port of Mumbai and anr.

Court : Supreme Court of India

Decided on : Jan-13-2004

Reported in : AIR2004SC1815; 2004(176)ELT24(SC); JT2004(1)SC232; 2004(1)SCALE341; (2004)3SCC214

..... interveners with regard to the 'compromise proposals' that are submitted by the port trust and consider the same on merits. it will be open to the respondents in the letters patent appeals before the high court as well as the interveners to agitate the points which were agitated before the learned single judge and which have been decided against them by ..... the learned single judge. if any of the appellants in these appeals had not intervened before the high court in letters patent appeals still will be open to him to move the high court for intervention.'(emphasis supplied)8. the matter reached back and has been disposed of afresh vide the impugned .....

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