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Judgment Search Results Home > Cases Phrase: patents Sorted by: recent Court: supreme court of india Year: 2004 Page 5 of about 108 results (0.088 seconds)

May 07 2004 (SC)

Commissioner, Hindu Religious and Charitable Endowment (Admn.), Madras ...

Court : Supreme Court of India

Decided on : May-07-2004

Reported in : AIR2004SC3634; 98(2004)CLT544(SC); 2004(3)CTC536; [2004(4)JCR79(SC)]; (2004)3MLJ169(SC); 2004(5)SCALE674; (2004)6SCC497

..... court. the learned judge also highlighted the difference inherently inbuilt in the definition of 'hereditary trustee' in section 6(11) and 'trustee' in section 6(22) of the act. letters patent appeal was filed by the sabha in l.p.a. no. 275/1995 which was allowed and the judgment therein is the subject matter of challenge in the present appeal .....

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May 07 2004 (SC)

The Commissioner of Commercial Tax, Ranchi and anr. Vs. Swarn Rekha Co ...

Court : Supreme Court of India

Decided on : May-07-2004

Reported in : 2005(1)BLJR114; [2005(1)JCR166(SC)]; JT2004(Suppl1)SC608; 2004(5)SCALE596; (2004)6SCC689; [2004]136STC57(SC)

..... fact that the state of jharkhand itself sought to prefer an appeal against the order of the learned single judge and in fact preferred a letters patent appeal and contested the claim of the respondents. it did not object to the jurisdiction of the high court at patna to entertain the writ petition ..... precedent. the state of jharkhand has preferred s.l.p.(c) no. 13401/2003 challenging the judgment and order of the high court in the letters patent appeal.6. civil appeal no. 2450/2003 has been preferred by the associated cement companies ltd. which was the writ petitioner before the high court in ..... batch of writ petitions by his judgment and order of july 18, 2002. the said judgment of the learned single judge was challenged in a letters patent appeal preferred by the state of jharkhand being l.p.a. no. 102/2003. a division bench of the high court dismissed the same by its ..... the state of jharkhand granted a similar exemption, the respondent was bound to pay tax and remit the same to the state of jharkhand. the letters patent appeal was dismissed by the high court by its judgment and order of april 2, 2002 upholding the contention of the respondent and finding them entitled ..... by a learned single judge of the high court. the commissioner, commercial taxes, ranchi, however impugned the judgment of the learned single judge by filing letters patent appeal no. 204 of 2002. according to him after bifurcation of the erstwhile state of bihar, the benefit of exemption from payment of sales tax on .....

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May 07 2004 (SC)

Zahira Habibullah Sheikh and anr. Etc. Vs. State of Gujarat and ors. E ...

Court : Supreme Court of India

Decided on : May-07-2004

Reported in : AIR2004SC3467; 2004(2)ALD(Cri)1; 2004CriLJ2855; (2004)3GLR2058; RLW2004(3)SC392; 2004(5)SCALE397; (2004)5SCC353; 2004(2)LC1491(SC)

..... the blatant abuse of the process of law as done by the applicant - state. but we feel it necessary to highlight the magnitude of deceitfulness adopted to mislead and the patent falsity of the claims made as also the ulterior object behind the petition.9. firstly, the plea that there was no 'specific prayer' for transfer outside the state is totally .....

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May 07 2004 (SC)

Mahanagar Telephone Nigam Ltd. Vs. Chairman, Central Board, Direct Tax ...

Court : Supreme Court of India

Decided on : May-07-2004

Reported in : AIR2004SC2434; (2004)189CTR(SC)97; 2004(168)ELT147(SC); [2004]267ITR647(SC); 2004(5)SCALE705; (2004)6SCC431

order1. leave granted.2. this appeal is against the judgment dated 24th august, 2000. 3. mr. rohatgi has raised a preliminary objection to the special leave petition being proceeded with by this court. he submits that this court has, in the case of oil and natural gas commission v. collector of central excise reported in : 1992(61)elt3(sc) , held that in every case where a dispute is between government departments and/or between a government department and a public sector undertaking, the matter should be referred to the high powered committee established by the government pursuant to an order of this court dated 11th september, 1991. he pointed out that it has been held by this court that it is the duty of every court or tribunal to demand clearance from the committee and that in the absence of clearance the proceedings must not be proceeded with.4. mr. rohatgi also relied upon the case of c.c.e. v. jeesop and co. ltd. reported in (1999) 9 scc 181 wherein this court has again disposed of an appeal filed by the collector of central excise against two public sector companies by holding that the course indicated in oil and natural gas commission's case (supra) has to be followed. he also relied on a decision of this court in the case of canara bank v. national thermal power corporation reported in (2001) 1 scc 43 wherein it has been held that the purpose of the directions in oil and natural gas commission's case (supra) is to see that frivolous litigation between government .....

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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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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 05 2004 (SC)

Associated Cement Co. Ltd. Vs. State of M.P. and ors.

Court : Supreme Court of India

Decided on : May-05-2004

Reported in : 2004(94)ECC185; 2004(168)ELT151(SC); 2004(5)SCALE718; (2004)9SCC727; [2006]144STC95(SC)

..... basically on the ground that they were not covered by the schedule as they were not cement. the writ petition was dismissed by a learned single judge but the letters patent appeal was party allowed by a division bench and it was held that refractory cement is a cement so as to attract liability of export tax but acco proof being .....

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May 05 2004 (SC)

Pohla Singh @ Pohla Ram (D) by Lrs. and ors. Vs. State of Punjab and o ...

Court : Supreme Court of India

Decided on : May-05-2004

Reported in : JT2004(5)SC117; 2004(5)SCALE574; (2004)6SCC126

..... cannot be taken away even by retrospective amendment of the act shall also be gone into. the allottees did not challenge this part of the order by filing any letters patent appeal. however, having regard to the view taken by us and to avoid any scope for further litigation and to do complete justice between the parties, we set aside the ..... filed by the allottees was rightly allowed by the learned single judge.20. against the aforesaid decision of the leaned single judge, gurbachan singh son of dhanna singh preferred letters patent appeal which was allowed by the full bench of the high court and the said decision is subject matter of challenge in the present appeal. as discussed earlier, the view ..... decided on 9.1.1980 and further that they shall not be dispossessed from the land in dispute in compliance with the aforesaid order. gurcharan singh then preferred a letters patent appeal which has been allowed by a full bench of the high court by the judgment and order dated 4.6.1999 and it has been held that he was ..... . 1. this appeal by special leave has been preferred against the judgment and order dated 4.6.1999 of a full bench of high court of punjab & haryana whereby letters patent appeal preferred by respondent no.4 gurcharan singh was allowed, the judgment and order dated 13.8.1992 of the learned single judge allowing the writ petition filed by the .....

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Apr 30 2004 (SC)

Yeshwant Sakhalkar and anr. Vs. Hirabat Kamat Mhamai and anr.

Court : Supreme Court of India

Decided on : Apr-30-2004

Reported in : 2004(9)SCALE38; (2004)6SCC71

..... reasoning. where two inferences are reasonably possible and the subordinate court has chosen to take one view, the error cannot be called gross or patent.(7) the power to issue a writ of certiorari and the supervisory jurisdiction are to be exercised sparingly and only in appropriate cases where the judicial conscience of the high ..... when it is based on clear ignorance or utter disregard of the provisions of law, and (ii) a grave injustice or gross failure of justice has occasioned thereby.(6) a patent error is an error which is self-evident i.e. which can be perceived or demonstrated without involving into any lengthy or complicated argument or a long-drawn process of .....

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Apr 28 2004 (SC)

Union of India (Uoi) and ors. Vs. Krishan Lal Arneja and ors.

Court : Supreme Court of India

Decided on : Apr-28-2004

Reported in : AIR2004SC3582; 2004(5)ALD47(SC); 2004(5)ALLMR(SC)1055; RLW2004(3)SC321; 2004(5)SCALE207; (2004)8SCC453

..... notification. learned single judge of the high court allowed the writ petitions. the appellants questioned the correctness and validity of the orders made by learned single judge in the letters patent appeals, which were dismissed by the impugned order mainly following earlier judgments in the cases of banwari lal and sons and shakuntala gupta.3. the learned senior counsel for the ..... shivaraj v. patil, j. 1. leave granted. 2. in these appeals, common order dated 22.3.2002 passed in letters patent appeals by the division bench of high court of delhi, is under challenge. the facts leading to the filing of these appeals, in brief, are that: in all, 14 properties .....

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