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Judgment Search Results Home > Cases Phrase: patents Sorted by: old Year: 1958 Page 4 of about 384 results (0.041 seconds)

Feb 07 1958 (HC)

Kharak Singh Kala Singh and ors. Vs. Nikka Singh and ors.

Court : Punjab and Haryana

Decided on : Feb-07-1958

Reported in : AIR1958P& H485

k.l. gosain, j.1. the land in dispute about 28,248 bighas is situate in nine different villages of tehsil and district ambala. shiv narain singh was the last male-holder of the land in dispute. in about 1894 he made a sift of 11 bighas and 7 biswas of land situate in the village of purkhali and his entire land situate in villages kakot and majari in favour of his muslim concubine mst. bholi.after his death in 1897 the land of the remaining six villages was mutated in the names of his widows, mst. attar kaur and mst. surat kaur, jointly. in about the year 1923 mst. bholi was presumed to be dead, as she had not been heard of for more than seven years previous to that. the mutations of the land gifted to her in the three villages mentioned above were effected in favour of the widows.the widows jointly made a sale in 1930 of 29 bighas 11 biswas of land situate in mauza purkhali in favour of sham singh defendant no. 29. mst. attar kaur thereafter died in the year 1933 and the entire land then left with the widows was mutated in the name of the surviving widow, mst. surat kaur. in 1934 mst. surat kaur made a gift of the entire estate in favour of her brother's sons, nikka singh and shiv rattan singh defendants 1 and 2, and delivered possession of the land to the said donees.mst. surat kaur died on the 11th december, 1940. on 19-7-1947, the present suit was brought by the plaintiffs for possession of the entire estate of the last male-holder on the allegations that they were the .....

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Feb 08 1958 (HC)

Murali Krishna Rice Mill Vs. Additional Income Tax Officer

Court : Andhra Pradesh

Decided on : Feb-08-1958

Reported in : [1959]36ITR239(AP)

..... act thus provides a hierarchy of tribunals where the petitioner can agitate his contentions. mr. ranganathachari, however, has submitted that the want of jurisdiction in the income-tax officer being patent, the petitioner should not be driven to seek his remedies before the authorities provided under the act and that this is a fit case for the exercise of jurisdiction under ..... jurisdiction, which according to the learned counsel for the petitioner gives jurisdiction to this court to quash the assessment order itself at this stage, cannot be said to be so patent. having regard to the undoubted and adequate remedies which the petitioner has under the income-tax act and having regard to the further fact that the petitioner has himself taken .....

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Feb 10 1958 (HC)

Mcleod and Co. Vs. Sixth Industrial Tribunal, West Bengal and ors.

Court : Kolkata

Decided on : Feb-10-1958

Reported in : AIR1958Cal273

..... disregarded such amendments of the statute in coming to the conclusion that the respondent was a workman. i am also of the opinion that the tribunal's decision contains a patent error in so far as he held that even though the respondent supervised the work of other clerks, he remained a clerk even after the amendment of the statute, and ..... the law or inference from such fact that he still remained a clerk 2nd, therefore, was a workman within the meaning of the industrial disputes act is a manifest error patent on the face of the proceedings and within the doctrine laid down by the supreme court in the kamath decision. 13. it is necessary to emphasise here that the proper ..... on clear ignorance and disregard of the provisions of law, and as laid down by the supreme court. the tribunal, in my judgment has in this case, (1) come to patently inconsistent and contradictory conclusions by finding that privileges and conditions of service of officers applied to the respondent employee and the service conditions of clerks ceased to apply to him ..... error apparent on the face of the proceeding, e.g., when it is based on clear ignorance or disregard of the provisions of law. in other words, it is a patent error which can be corrected by certiorari but not a mere wrong decision. but it is kamath's case (c) again which points out the difficulty in the doctrine of .....

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Feb 10 1958 (HC)

In Re: Pinapala Venkateswarlu

Court : Chennai

Decided on : Feb-10-1958

Reported in : (1958)1MLJ337

p. rajagopalan, o.c.j.1. we agree with the office that clause 15 of the letters patent does apply. the application to amend the decree in the second appeal certainly invoked the civil appellate jurisdiction vested in this court. if so leave of the learned judge who dismissed the application to amend the decree was necessary under rule 95 of the appellate side rules read with clause 15 of the letters patent. no such leave was asked for or obtained. the appeal is incompetent.

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Feb 10 1958 (HC)

Al.Sp.Pl. Thirunavukkarasu Chettiar and ors. Vs. State of Madras by th ...

Court : Chennai

Decided on : Feb-10-1958

Reported in : (1958)2MLJ596

..... occupancy ryots are found only in estates under the estates land act where the owner has only the melwaram.12. the next new fact relied on was that in letters patent appeal the order in w.p. no. 737 of 1952 regarding one of the villages included in the 199 villages was quashed on the ground that the facts found by .....

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Feb 10 1958 (HC)

ishar Vs. Mst. Soma Devi

Court : Punjab and Haryana

Decided on : Feb-10-1958

Reported in : AIR1959P& H295; 1959CriLJ767

ordertek chand, j. 1. the additional sessions judge, pati-ala, has forwarded this revision petition with a recommendation that the order of the magistrate awarding a sum of rs. 12/- per mensem as maintenance to soma devi, wife of ishar, be dismissed. 2. soma devi petitioner submitted an application under section 488 of the code of criminal procedure against her husband ishar, alleging that he married her 16 years ago and after the marriage two daughters were bom, who died. she was maltreated and turned out of his house about 7 years ago and ever since she has been living with her parents. ishar has recently taken a second wife. 3. in reply, ishar contended that he did not maltreat her and soma devi left his house of her own accord. 4. in support of maltreatment soma devi herself appeared and alleged that she used to be threatened by her husband and her mother in law on several occasions and ultimately she was turned out of the house. she was given shelter by her parents and is now receiving a sum of rs. 34/-per mensem by serving in the municipality of patiala. but the magistrate did not accept her solitary statement to be sufficient proof of maltreatment. he, however, thought that she was entitled to maintenance on the ground that her husband had married again, and for this reason he ordered the husband to pay rs. 12/- per mensem by way of maintenance to his wife. 5. according to the view of the additional sessions judge a second marriage by tha husband during the lifetime of .....

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Feb 10 1958 (HC)

L. Arjan Das Duggal and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Feb-10-1958

Reported in : AIR1958P& H400

orderbishan narain, j.1. the petitioners arjan das and kapur chand have filed this petition under article 226 of the constitution challenging the validity of the punjab opium (restriction on oral consumption) rules promulgated by the punjab government under section 5 of the opium act (central act i of 1878) and published in the punjab gazette dated 8-2-1957. originally these rules were to come into force from 1-4-1957 but they were not enforced till 1-10-1957.2. the facts leading to this petition are not in dispute. the impugned rules were published in the punjab gazette on 8-2-1957. an auction was held on 19-2-1957 at amritsar and the petitioners were the highest bidders for four retail shops of opium at amritsar city and for the retail shop at verka (a suburb of amritsar). they offered to pay rs. 2,50100/- for the four amritsar shops and rs. 25,100/- for the verka shop.their offer was accepted and they were granted the necessary license for the retail vend of opium for the financial year 1957-58 in these five shops. the petitioners started selling opium in accordance with the licenses granted to them with effect from the 1-4-1957. the impugned rules were notified to be put in force originally from 1-4-1957 and later on from 1-10-1957. the petitioners filed this petition challenging the validity of these rules on the grounds that they1. are inconsistent with the parent opium act, and2. contravene articles 14 and 19(1)(g) of the constitution of india.at the time of arguments .....

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Feb 10 1958 (HC)

Mt. Naraini Devi Vs. Sm. Durga Devi

Court : Punjab and Haryana

Decided on : Feb-10-1958

Reported in : AIR1959P& H324

mehar singh, j.1. this is a first appeal by the judgment debtor against whom a suit was filed on october 14, 1955 by the decree-holder to recover an amount of rs. 8,385/-. although the debt was secured upon a mortgage of house, but a personal decree in favour of the decree-holder and against the judgment-debtor was passed by the trial judge on november 12, 1956. before the date of the decree, the house, now in question, had been attach-ed before judgment on october 22, 1955. on june 8, 1956, the punjab relief of indebtedness act (punjab act no. vii of 1934) was extended to the union territory of delhi. section 35 of this, act has amended the proviso to sub-section (1) of section 60 of the code of civil procedure by adding a clause (ccc) whereunder one main residential house and other buildings attached to it (with the material and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to a judgment-debtor other than an agriculturist and occupied by him has been exempted from attachment and sale in execution of a decree.2. on the decree-holder having taken out execution of the decree, the judgment-debtor filed objection petition under section 60(1)(ccc) of the code of civil procedure claiming exemption of the house in question. the executing court has by its order of march 2, 1957, dismissed that objection petition on the ground that punjab act no. vii of 1934 was enforced in the union territory of delhi after the house had .....

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Feb 12 1958 (HC)

Lochman Das Sat Lal and anr. Vs. Parmeshri Dass and anr.

Court : Punjab and Haryana

Decided on : Feb-12-1958

Reported in : AIR1958P& H258

bishan nakain, j.1. this first appeal from order is directed against the order of subordinate judge 1st class, araritsar, refusing to set aside the award made by shri burgess on 27th may, 1952 whereby it was held that the respondent firm was entitled to realise rs. 9,203/1/6 with interest etc., from the appellant firm. the appeal originally came up for hearing before kapur j., who referred the same to a division bench on the ground that it involved important questions. the appeal has been fixed before us for decision.2. the facts leading to this appeal are these. the firm parmeshri das mehra & sons (now respondents) and the firm lachhman das sat pat (appellants) carry on business at amrit-sar. on 2nd december, 1946 the appellant firm agreed to purchase ten bales of american cloth from the respondent firm on certain terms. the contract included an arbitration agreement reading--'any dispute or claim of whatsoever nature relating to or arising out of this contract shall be referred to arbitration of two europeon merchants engaged in the piece-goods trade at karachi, one to be appointed by each party and in accordance with the provisions of the indian arbitration act no. x of 1940.' the respondents informed the appellant-firm in april 1947 that the goods had been shipped and on the 12th of july, 1947 sent the delivery order with a bill for rs. 26,897/4/- as price of the goods. the purchasers refused to take delivery of the goods alleging that they were shipped late and were not .....

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Feb 13 1958 (HC)

Ram Roop and ors. Vs. Bishwa Nath and ors.

Court : Allahabad

Decided on : Feb-13-1958

Reported in : AIR1958All456

..... . the high court may also be moved to act under it when there has been a flagrant abuse of the elementary principles of justice or a manifest error of law patent on the face of the record or an outrageous miscarriage of justice. but the high court will not be justified in converting itself into a court of appeal and subverting ..... and it was held that the case was of an extraordinary nature and as the subordinate court had signally failed to do its duty and there had not been any patent neglect on the part of the petitioner, it was a fit case in which a direction should be issued to the subordinate court to do its duty and to complete .....

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