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Judgment Search Results Home > Cases Phrase: patents Sorted by: old Court: chennai Page 1 of about 5,310 results (0.035 seconds)

Jan 09 1902 (PC)

Major C. Bell, R.A., Superintendent Gun Carriage Factory Vs. the Munic ...

Court : Chennai

Reported in : (1902)12MLJ208

..... crown is expressly included, i.e., section 17 of the inventions and designs act, 1888, which is substantially a reproduction of section 27 of the english patents etc. act, 1883.46. by way of illustration, i may mention the following instances in which government has been specially exempted:indian contract act, section ..... , and adol. 507 also cited in support of the petition, the question turned upon 3 geo. ii ch. p. 36, which confirmed a patent formerly granted by the crown for taking tolls in respect of a light-house. there was a proviso that nothing in the act should extend to ..... crown in its real sense. similarly the privilege of the crown to use an invention without compensation to the patentee, notwithstanding the grant of a patent for the exclusive right to the use of the invention and the implied exemption of the crown from payment of tolls, notwithstanding a grant, by ..... bound by the statute, and whenever it is intended to bind the crown, it is expressly named, e.g. the arbitration act, 1889, section 23; the patents etc., act, 1883, section 27; the bankruptcy act, 1883, section 150. the interpretation act, 1889, section 30., the stamp act, 1891, section 119.32 ..... the powers of the provincial legislatures, for section 43 contemplates provincial legislation, with the previous sanction of the governor-general, for regulating coins and patents or affecting the relations of government with foreign princes or states. a reference to sections 19 and 38 will show that both in the governor- .....

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Jan 09 1902 (PC)

Bell Vs. the Municipal Commissioners for the City of Madras

Court : Chennai

Reported in : (1902)ILR25Mad457

..... is expressly included, i.e., section 17 of the inventions and designs act, 1888, which is substantially a reproduction of section 27 of the english patents, &c.;, act, 1883.46. by way of illustration i may mention the following instances in which government has been specially exempted:indian contract act, ..... smithett v. blythel b. & ad. 509 also cited in support of the petition, the question turned upon 3 geo. 36 which confirmed a patent formerly granted by the crown for taking tolls in respect of a light-house. there was a proviso that nothing in the act should extend to ..... crown in its real sense. similarly the privilege of the crown to use an invention without compensation to the patentee, notwithstanding the grant of a patent for the exclusive right to the use of the invention and the implied exemption of the crown from payment of tolls, notwithstanding a grant, by ..... bound by the statute, and whenever it is intended to bind the crown, it is expressly named, e.g., the arbitration act, 1889, section 23; the patents, etc., act, 1883, section 27; the bankruptcy act, 1883, section 150; the interpretation act, 1889, section 30; the stamp act, 1891, section 119. ..... the powers of the provincial legislatures, for section 43 contemplates provincial legislation, with the previous sanction of the governor-general, for regulating coins and patents or affecting the relations of government with foreign princes or states. a reference to sections 19 and 33 will show that both in the governor- .....

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Jul 18 1906 (PC)

Manavala Chetty (Accused) Vs. Emperor

Court : Chennai

Reported in : (1906)ILR29Mad569

..... offence under the section. the argument that it had not been shown that pears had acquired a trademark, in the sense in which the word is used in the english patents, designs and trademarks acts, in the design which is printed on the box in which the soap was sold, is beside the point. under section 478 of the indian penal ..... more than three offences at one time could be regarded as an error, omission or irregularity within the meaning of section 637 but whether, under article 26 of the letters patent the court had power to adopt the course which was taken in that case.9. i am of opinion that the conviction in the present case was bad and must .....

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Aug 20 1914 (PC)

Bhathey Sundara Rajan and ors. Vs. A.A. Kuppusami Iyer and anr.

Court : Chennai

Reported in : (1914)27MLJ573

..... he paid balian, that is to say, this defendant, remuneration for preparing an adaipet harness on ghose kriahnier's account, so that in 1901 after this patent had been applied for--we find krishnien going to madura to learn to work 'adaipet' and getting on adaipet harness prepared--a phrase which covers the plaintiffs invention ..... 1888 ') a defendant in an action for infringement is not allowed to set up by way of defence all the grounds on which the grant of the patent could be opposed, grounds which are to be found in section 20 of the act. one of those grounds is that invention was not a new invention. ..... , that it was not the proper subject matter for a patent; and accordingly, in many text books this matter is treated as distinct from the question whether the invention is new, whereas other text-book writers analysing ..... the defendant is not precluded from pleading that the alleged invention was not. the proper subject-matter of a patent, or that there was no subject, matter for the patent it is quite true that in english patent cases it has been the custom to plead, not only that the alleged invention was not new, but also ..... act of 1911. under that act, as in england, any of the statutory grounds for opposing the grant of the patent may be pleaded in answer to an action for an infringement of a patent. it was argued that, although this provision was not in force at the time that this suit was tried and .....

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Aug 20 1915 (PC)

Sri Rajah Inuganti Kasturamma Bahadur, Zamindarini Vs. Chelikani Venka ...

Court : Chennai

Reported in : AIR1916Mad65; 30Ind.Cas.878

..... was expected or (4) which had already been fully compensated for. if there was an outstanding liability, then, as pointed out by bowen, l.j., in in re casey's patents, stewart v. casey (1892) 1 ch. d. 104 : 61 l.j. ch. 61, the subsequent promise may be almost conclusive evidence of the value that the parties intended to put .....

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Oct 19 1923 (PC)

Best and Co. Ltd. Vs. the Corporation of Madras

Court : Chennai

Reported in : AIR1924Mad420

..... way contrary to the natural meaning of the language used; and it will be no injustice, if the result of our decision be to deprive the person who infringes a patent of the right to set up a defence which does not go to the merits.43. earl cairns gives the reason for a strict construction of taxing acts in the ..... plain import of the language employed in it.42. in be hall and ors. (1921) 2 q.b.d. 137, cave, j., observes with regard to section 19 of the patents, designs and trade marks act of 1883:i am unable to see in what way our interpretation of the language of the section can work injustice. a very strong case ..... known under the collective title of the companies acts or incorporated by an act or of parliament, of the governor-general in council, or by a royal charter, or letters patent.26. it is quite clear, therefore, that companies which do not come within the definition of the wording as given in the act or not liable to pay tax on ..... of parliament, known under the collective title of the companies' acts, incorporated by an act of parliament, or of the governor-general in council, or by royal charter or letters patent.24. this act was amended by act iii of 1897. the amendment act made no change in the law, as regards professional tax. the madras district municipalities act of 1920 .....

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Nov 16 1923 (PC)

A Sonachalam Pillai and ors. Vs. Kumaravelu Chettiar and ors.

Court : Chennai

Reported in : AIR1924Mad597; 79Ind.Cas.109; (1924)46MLJ138

..... orders which amount to judgments. i think that all orders passed after contest inter parties are judgments within the meaning of section 15 of the letters patent and that, if it be desired to limit the right of appeal against certain orders, the proper method of achieving that end is by providing as ..... any limits to the right of appeal founded on the nature of the order or decree appealed against.' the word 'judgment' in section 15 of the letters patent includes decrees and orders. judgment is defined in halsbury as ' any decision given by a court on a question or questions at issue between the parties to ..... appeal lay. i have therefore, come to the conclusion that the preliminary objection cannot stand and must be overruled, as an appeal lies under the letters patent against the order of a single judge refusing stay of execution pending the disposal of an appeal or second appeal in this court.5. on the ..... nothing more than a step towards obtaining a final adjudication in the suit is not, in my opinion, a judgment within the meaning of the letters patent. ' following this latter part of the definition as to what is not a judgment he held in the particular case before him which was one of ..... filed against that order.3. a preliminary objection is taken to the appeal on the ground that no appeal lies under clause (15) of the letters patent against an order refusing to stay the execution of a decree. the decision of this question turns on the meaning to be given to the word 'judgment .....

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Nov 17 1926 (PC)

Peria Koil Kelvi Appan Govinda Ramanuja Pedda Jeeyangarlavaru Vs. Kada ...

Court : Chennai

Reported in : AIR1927Mad398; (1927)52MLJ161

..... as contended for by mr. venkatachariar, final decisions in equity cases were known as decrees is not at all clear. section 40 of the letters patent shows that the words 'judgment' and 'decree' are not limited to final decisions, because it refers to preliminary or interlocutory judgments, etc. the decisions ..... has been generally considered as affording a general test as to what amounts to a 'judgment' within the meaning of clause 15 of the letters patent. applying the test contained in it, the learned judges in srinivasa aiyangar v. ramaswami chettiar held that the order of a single judge of ..... high, court refusing stay of execution or allowing it does not amount to a ' judgment' within the meaning of clause 15 of the letters patent. the decision in vairavan chettiar v. ramanathan chettiar simply follows the decision in srimantu raja yarlagadda durga prasada nayadu v. srimantu raja yarlagadda mallikarjuna ..... mofussal court pending the disposal of the appeal therefrom to the high court is a 'judgment' within the meaning of clause 15 of the letters patent and that an appeal therefrom is maintainable under that clause. it is conceded that this decision would govern the present case. but what is ..... it is the civil procedure code definition of a decree, it does not say. there is of course no particular reason why we should interpret the letters patent by the civil procedure code, nor to my mind is there any particular reason why we should interpret the word 'decree' in the old equity sense. .....

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Feb 21 1929 (PC)

The Corporation of Madras Vs. Spencer and Co., Ltd.

Court : Chennai

Reported in : AIR1930Mad55; 121Ind.Cas.849; (1929)57MLJ71

..... unreasonable within the meaning of lord russell's definition in that case, the court has power to interfere with its levy. we have been referred to another case, institute of patent agents v. lockwood (1894) a.c. 347 in which lord herschell, when dealing with the rules framed by the board of trade under the ..... patents, designs and trade marks act, 1888, which fixed a certain fee, in the course of his judgment observed:i confess that it seems to me, if there were any power .....

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Dec 20 1929 (PC)

Penugonda Venkataratnam and anr. Vs. the Secretary of State for India ...

Court : Chennai

Reported in : AIR1930Mad896; (1931)60MLJ25

..... have seen, over the governor and council of fort st. george. it follows, therefore, that the madras high court, which has inherited the powers of the supreme court by letters patent, in exercising its 'jurisdiction, powers and authority' under section 106 (1) of the government of india act, has no jurisdiction over the governor and council jointly or severally.80. ..... the writ is granted is original, as contrasted with appellate. this jurisdiction termed 'original' is not to be confused with 'original civil jurisdiction' mentioned in section 12 of the letters patent. the last mentioned jurisdiction can be exercised by its very nature, within certain local limits. but the jurisdiction possessed by the high court in the matter of certiorari is supervisory ..... possessed by the supreme court itself, this clause cannot avail the applicant.36. having regard to the opening words of the clause referred to, the question arises: have the letters patent 'otherwise directed' far from it; they contain, in fact, no provision corresponding to clause 8 of the charter of 1800. the high court, therefore, derives its power to issue ..... , and all such powers and authority for and in relation to the administration of justice in the presidency for which it is established, as her majesty may by such letters patent as aforesaid grant and direct, subject, however, to such directions and limitations as to the exercise of original, civil and criminal jurisdiction beyond the limits of the presidency towns .....

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