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Judgment Search Results Home > Cases Phrase: patents Sorted by: old Year: 1958 Page 8 of about 384 results (0.010 seconds)

Mar 04 1958 (HC)

Dina Nath Dutt Vs. Maha Vir Gupta

Court : Punjab and Haryana

Decided on : Mar-04-1958

Reported in : AIR1958P& H289

1. this appeal arises out of a suit for recovery of rs. 16,000/- as damages apart from interest claimed on a sum of rs. 5,000/-. it appears that the defendant got an advertisement published in the daily statesman, delhi edition, in the issues of 9th, 10th and 11th july 1946 as follows:'for sale one 15 ton ammonia ice-plantcomplete in working condition. write for particulars to bharat engineering works, kanpur.'as a result of correspondence between the parties a contract was entered into between theplaintiff and the defendant. it was embodiedin the form of an order and was as follows: 'from purchaser's name mr. maha vir guptavillage anand ashramp. o. panipatdistrict to messrs the bharat engineering works,sole makers of,bharat oil, crude & gas engines, bharat building, kalpi road,kanpur. dear sirs, i/we hereby place with you, subject to your usual terms of business as (detailed on back hereof) order for goods as specified below delivered ex-site. total price rs. approximate time of delivery. terms of payment, rs. 5,000/- as deposit against the order and balance against railway receipt payable at kanpur. forwarding instructions. specifications. one second hand 15 ton ice factory, complete with all the (torn) as working at rohtak under the name of rajendra ice factory, as inspected and approved for the sum of rupees eighty five thousand only (rs. 85,000)' nett. without building. inventory of the plant will be made on sunday at rohtak. coal and wood whatever is available at the .....

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Mar 04 1958 (HC)

NaraIn Singh Hira Singh and anr. Vs. the State

Court : Punjab and Haryana

Decided on : Mar-04-1958

Reported in : AIR1958P& H372; 1958CriLJ1220

s.b. capoor, j. 1. the legal question raised in this case and referred to the full bench is whether the proceedings under sections 21 and 23 of the punjab gram panchayat act, 1952 (punjab act no. iv of 1953), hereinafter referred to as the act, are of an administrative or of an executive nature, so that a petition under section 439 of the code of criminal procedure or under article 227 of the constitution of india would not he to this court.2. it has been conceded before us that section 439 of the code of criminal procedure is not applicable to such proceedings and accordingly it remains only necessary to determine the applicability to them of article 227 of the constitution of india.3. section 21 of the act confers on a gram panchayat as defined in the act the power to require removal of an encroachment and nuisance and is in the following terms:'21. (1) a gram panchayat on receiving a report or other information and on taking such evidence, if any, as it thinks fit, may make a conditional orderrequiring within a time to he fixed in the order (a) the owner or the occupier of any building or land- (i) to remove any encroachment on a public street, place or drain; (ii) to close, remove, alter, repair, cleanse, disinfect or put in good order any latrine, urinal, water-closet, drain, cess-pool or other receptacle for filth, sullage-water, rubbish or refuse or to remove or alter any door or trap or construct any drain for any such latrine, urinal or water-closet which opens on to .....

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Mar 04 1958 (HC)

The Hoshiarpur Electric Supply Co. Vs. Commissioner of Income-tax, Sim ...

Court : Punjab and Haryana

Decided on : Mar-04-1958

Reported in : AIR1958P& H393; [1958]33ITR686(P& H)

s.s. dulat, j.1. this is a reference under section 66(1) of the indian income-tax act and the facts giving rise to it are these. the hoshiarpur electric supply company holds a licence under the indian electricity act for the generation and supply of electricity in certain areas. for the transmission of electricity the company of course has its distributing mains; but before electricity can reach the consumers it becomes necessary to lay what are called service-lines from some point on the mains to the consumers' premises. the company has been laying these-service-lines each year and charging the consumers concerned the cost of laying the service-lines and also something over and above that cost.thus, during the accounting year ending 31-3-1948, which is relevant to this reference, the company received in all rs. 12,530/- from the consumers, while the actual cost of laying the service-lines amounted only to rs. 5,669/-. the question that arose during the assessment proceedings was whether the difference between the cost of laying the service-lines and the charges received from the consumers on this account was taxable income. the income-tax appellate tribunal has taken the view that these receipts arc ordinary trading receipts and therefore assessable to income-tax, while the assessee's case is that these receipts arc capital receipts and not ordinary business income and consequently not assessable to tax.2. mr. daya kishan mahajan appearing for the assessee proceeded with his .....

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Mar 04 1958 (HC)

Guran Ditta Mal and ors. Vs. Banna Mal Deceased Through SaIn Dass and ...

Court : Punjab and Haryana

Decided on : Mar-04-1958

Reported in : AIR1958P& H469

bishan narain j.1. the plaintiffs claiming to be heirs of one hira nand filed a suit on 27-8-1945 for joint possession of about 16 kanals of land situated in village taiwandi bharth, tehsil batata. on 27-11-1947 they were allowed to withdraw the suit with liberty to file a fresh suit on condition that rs. 6/- as costs were paid to the defendants. the plaintiff then filed a second suit on 3-10-1949 for the same relief against the same defendant and on the same cause of action but without complying with the condition of payment of costs.this suit was dismissed on 20-1-1950 on the ground that the plaintiffs had not paid the conditional costs before filing the suit. after depositing these costs the plaintiffs brought the present suit on 1-3-1950, for the same relief on the same cause of action and against the same defendants. the defendants 'inter alia' pleaded that the present suit was not maintainable in view of the dismissal of the second suit.the trial court rejected the defence plea and on the merits decreed the suit. the defendants appealed and the lower appellate court upheld the plea of the defendants and without deciding other issues dismissed the suit. the plaintiffs have filed this second appeal in this court. this appeal came up before me and considering the importance of the question involved i referred it to a larger bench. it has now been fixed before us for decision.2. the only point that requires determination in this appeal is, whether or not the third suit is .....

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Mar 06 1958 (HC)

Dayal Jawala Vs. Buja Biru and ors.

Court : Punjab and Haryana

Decided on : Mar-06-1958

Reported in : AIR1959P& H326

..... by s. was farzi, without consideration and without any legal necessity and was not binding upon him, all the lower courts decreed the plaintiffs claim. during the pendency of letters patent appeal the hindu succession act came into force. held that in view of the change in law brought by the hindu succession act, the plaintiff lost his right as reversioner .....

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Mar 07 1958 (HC)

Ramayya Padayachi Vs. Ambal Bagyam

Court : Chennai

Decided on : Mar-07-1958

Reported in : (1958)2MLJ593

p.v. rajamannar, c.j.1. we agree with the learned judge that even assuming that all the evidence adduced on behalf of the appellant were true, there is only proof of adulterous conduct on the part of the wife but there is no evidence which can support the finding that she is the concubine of any other man. learned counsel for the appellant contended that if a wife lived continuously in adultery with another man, then she would be his concubine. this would not be so unless she has left her husband's house and has been living with her paramour practically as with a husband. the, distinction is brought out very clearly, if we may say so with respect, in a recent decision of the andhra high court, in subbaramiah v. venkata subbamma (1956) an. w.r. 428. we are of opiriion that the evidence in this case is not sufficient to enable the court to give a rinding that the wife is a concubine of another man. as divorce was sought only on this ground the petition was rightly dismissed by basheer ahmed sayeed, j. the letters patent appeal is dismissed.

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Mar 07 1958 (HC)

Shambu Nath and Sons, Ltd. Vs. Punjab State and anr.

Court : Punjab and Haryana

Decided on : Mar-07-1958

Reported in : AIR1959P& H526

orderbishan narain, j. 1. messrs shambhu nath and sons, limited, and firm sri ram ganga ram of amritsar carry on the business of chemists and druggists. in the course of business these concerns have to deal in dangerous drugs as defined in the dangerous drugs act, 1930. under the act no person can carry on business in such dangerous drugs without a license. these licenses are of various types and arc renewable year to year on payment or the prescribed license fee. these two concerns have admittedly been getting licenses in forms dd5 and dd6 since a long time to enable them to possess and sell dangerous drugs. these two concerns along with others applied for renewal of their licenses in forms dd5 and dd6 for the year 1956-57.the excise and taxation commissioner, punjab, issued a list on 21st march, 1956 containing the names of the concerns whose licenses had been renewed. this list did not contain the names of the petitioning concerns and they have filed in this court separate writ applications nos. 371 of 1957, and 416 of 1957 challenging the validity of the rules which authorise and empower the excise and taxation commissioner to grant or refuse these licenses. as the point involved in these two writ petitions is the same, it will be convenient to decide both these petitions by this judgment.2. the petitioners' case is that the rules framed under section 8(2) of the dangerous drugs act so far as they relate to refusal and renewal of licenses violate the petitioners' .....

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Mar 10 1958 (FN)

Northern Pacific R. Co. Vs. United States

Court : US Supreme Court

Decided on : Mar-10-1958

..... be likely to result in economic detriment to vendees or lessees, and such uniqueness of the tying product as to suggest comparison with a monopoly by patent. but i venture to predict that the language of the court, taken in conjunction with its approval of the summary disposition of this case, will ..... by adopting the government's argument that this case should be brought within international salt by analogy of the ownership of land to that of a patent, so that the particular tract of land involved in each purchase or lease itself constitutes the relevant market. the record in any event is ..... to the need for clear proof on this issue. in fact, that case considered that, in international salt, the required element of proof was supplied by the patents themselves, which "conferred monopolistic, albeit lawful, market control" over the tying product, 345 u.s. at 345 u. s. 608 , as indeed the court ..... the court placed no reliance on the fact that a patent was involved, nor did it give the slightest intimation that the outcome would have been any different if that had not been the case. if anything ..... . s. 293 , 337 u. s. 305 . the defendant attempts to evade the force of international salt on the ground that the tying product there was patented, while here it is not. but we do not believe this distinction has, or should have, any significance. in arriving at its decision in international salt, .....

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Mar 10 1958 (HC)

Morgan Walker and Co. Vs. Khardah Co. Ltd.

Court : Kolkata

Decided on : Mar-10-1958

Reported in : AIR1959Cal169,63CWN451

..... . set it aside and his order was affirmed on appeal on 9-6-1953. the trial court and the appellate court both held that the arbitrators had proceeded on a patent misconception of the dispute before them and assumed that they were to decide the rights of the parties under an amended contract, whereas whether the contract had been amended or .....

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Mar 10 1958 (HC)

The Baranagore Jute Factory Co. Ltd. Vs. Hulaschand Rupchand

Court : Kolkata

Decided on : Mar-10-1958

Reported in : AIR1958Cal490,62CWN734

..... necessity of finding a rule for cases where after an award of the chamber has been set aside, the parties go back to the chamber to seek further arbitration is patent and since the rule can be applied to such cases with a slight stretching of its language, it should, in my opinion, be so applied. in actual practice, it has .....

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