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Judgment Search Results Home > Cases Phrase: patents Sorted by: recent Year: 1958 Page 1 of about 384 results (0.010 seconds)

Dec 23 1958 (HC)

Raj Kishan JaIn Vs. Tulsi Dass Etc.

Court : Punjab and Haryana

Decided on : Dec-23-1958

Reported in : AIR1959P& H291

..... judge) under the delhi rent control act. on this ground also the contention raised on behalf of the petitioner fails. it follows that no letters patent appeal under clause 10 is competent against the judgment of a single judge of this court when an order has been passed under. article 227 of ..... been exercised in circumstances not covered by section 107 of the 1915 act. in this view of the matter it is obvious that no letters patent appeal lies from an order made in the exercise of power of superintendence whether in consonance with the provisions of section 107; or in accordance ..... on or connected with the setting up of the two dominions. neither this act nor the adaptation order specifically dealt with clause 10 of the letters patent. subject to changes introduced by the independence act the government of india act 1935 continued in force. then on 26th of january, 1950, our presentconstitution ..... of the constitution in exercise of power of superintendence was not appealable. the learned counsel for the appellant in reply has urged that a letters patent appeal against the order under article 227 is competent and in any case the judgment in question was made in substance under article 226 of ..... this petition as one under article 227 of the constitution and dismissed it. the landlord has filed this appeal under clause 10 of the letters patent.2. the learned counsel for the respondents has raised a preliminary objection to this appeal and that is that the order under appeal being one .....

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Jun 04 1958 (HC)

V.B. Mohammed Ibrahim Vs. Alfred Schafraneck and ors.

Court : Karnataka

Decided on : Jun-04-1958

Reported in : AIR1960Kant173; AIR1960Mys173

..... , however, admitted that, on 4-3-46, defendants 1 and 2 alone applied for registering their names as inventors and for the grant of a patent in their favour. this application was finally sealed on 6-2-47, the day next after the release deed was passed. in this connection, the plaintiff ..... bring any suit for infringement of patent rights regarding the patent to question.'under these circumstance we have to hold that the plaintiff could not institute this suit under the provisions of section 29 of the ..... although the petitioner had assigned his rights to that plaintiff, the latter had not registered the assignment under the provisions of section 63 of the indian patents and designs act. therefore he was not the patentee within the meaning of the act (section 2, sub-section 12) and had no right to ..... by reason of the joint acquisition, the plaintiff has derived a beneficial interest in the plaintiff has derived a beneficial interest in the right of a patent. whether there is evidence to show that he has acquired this right or not, is a question of fact which will be discussed later.assuming ..... 1 to 3 from manufacturing or marketing flower design chair seats. these reliefs are apparently claimed on the ground that the plaintiff has the patent rights under the patents and designs act. but it is a curious suit in that the registered patentees are admittedly defendants 1 and 2 and, on their assignment .....

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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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Feb 28 1958 (HC)

Blackwood and Sons Ltd. and ors. Vs. A.N. Parasuraman and ors.

Court : Chennai

Decided on : Feb-28-1958

Reported in : AIR1959Mad410

..... am unable to conceive of the possibility of such a course without attributing a local situation to that right.62. earlier i have set out instances of intangible rights like patents and trade marks as affording an analogy for reaching a decision in relation to copyright. the basis of the rule in those cases is to be found in the two ..... a debt be stipulated it will be there situate, the general rule notwithstanding. a cause of action in contract or tort is situate where action may be brought upon it. patents and trade marks are situate where they can be transferred on the same principle as shares in companies......the inference, however, must not be rawn that because no personal property ..... principle which fixes 'situs' with reference to the jurisdiction where the right could be enforced, and (3) lastly the analogy furnished by comparable intangible rights such as patents and trade marks (as to patents see 1932 ac 23858. if the intangible right whose situs has to be determined is a statutory right and owes its existence to a statute enacted by a .....

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Dec 30 1958 (HC)

Pran Nath and ors. Vs. Bal Kishan and ors.

Court : Punjab and Haryana

Decided on : Dec-30-1958

Reported in : AIR1959P& H313

..... an hon'ble judge that the sate being invalid, the suit for redemption was governed by article 148 of the indian limitation act and was consequently within time. a letters patent bench of the lahore high court whose judgment was delivered by sir shadi lal, chief justice, held that under hindu law the mother was the guardian of the property of .....

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Dec 26 1958 (HC)

Mst. Bakhtawari Vs. Sadhu Singh and ors.

Court : Punjab and Haryana

Decided on : Dec-26-1958

Reported in : AIR1959P& H558

k.l. gosain, j.1. the facts giving rise to this second appeal are as under: the property in suit belonged to telu son of ruldu, jat of tharwa, tehsil narain-garh, district ambala. on 17-6-1949 he made a gift of the same in favour of his daughter mst. bukhtawari. the plaintiffs who claim to be the collaterals of telu in the fourth degree brought the present suit for the usual declaration that the gift will not affect their reversionary interests. they alleged that the property in question was ancestral qua them and that telu had no right under the custom to make a gift of the same in favour of bis daughter. the suit was contested by the donee who denied that the property was ancestral and who alleged that the gift had been made in her favour on account of the services which she rendered to defendant no. 1. on the pleadings of the parties the trial court framed the following issues:1. js the property ancestral? 2. are the plaintiffs collaterals of defendant no. 1? 3. whether defendant no. 2 or her sons have rendered any services to defendant no. 1, and is the gift valid on that ground? 4. whether the suit is speculative?5. relief. 2. after recording evidence of the parties the trial court came to the conclusion that a part of the landed property was ancestral and that the rest of the landed property and the house were not proved to be so. he also found that the plaintiffs were collaterals and were entitled to challenge the gift. in the result, he granted a decree in favour of .....

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Dec 24 1958 (HC)

Gopiram Agarwalla Vs. First Additional Income-tax Officer and ors.

Court : Kolkata

Decided on : Dec-24-1958

Reported in : AIR1959Cal420,[1959]37ITR493(Cal)

..... remains to be determined. it appears to me, however, wholly unreasonable to consider the proceedings commenced by an application for transfer of the suit under cl 13 of the letters patent as independent proceedings. the application for transfer of a suit is and should be considered an ancillary proceeding just as an application for adjournment or some other direction by the ..... been a determination of the proceedings in the high court was not sufficient and as even after the order of transfer of a suit under clause 13 of the letters patent, the suit itself still remained to be decided, the order of transfer' or refusal to transfer would not amount to a judgment. i am unable to see how that decision ..... the authority of 8 beng lr 433, we are bound to say that the decision of sinha, j., is a judgment within the meaning of clause 15 of the letters patent and so an appeal lies.6. but, says mr. meyer, the oriental gas company's case 8 beng lr 433 was itself a case where a mandamus had been issued ..... the result of the lower court's decision is that the proceedings themselves are terminated, the decision is not a judgment within the meaning of clause 15 of the letters patent.4. the decision in 8 beng lr 433, has for long been considered to be at least so far as this court is concerned, the classic authority on the question .....

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Dec 24 1958 (HC)

R.T. Perumal Vs. John DeavIn and anr.

Court : Chennai

Decided on : Dec-24-1958

Reported in : AIR1960Mad43; [1960]30CompCas340(Mad)

..... this view it is not necessary to consider the other contention of mr. gopalaswami iyengar that section 39 of the act would have no application to an appeal under letters patent as it deals only with appeals from one court to another. we hold that the appeals are competent.11. on the merits the only question which arises is whether balakrishna .....

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Dec 24 1958 (HC)

R.T. Perumal Vs. John DeavIn and anr.

Court : Chennai

Decided on : Dec-24-1958

Reported in : (1960)1MLJ199

..... this view it is not necessary to consider the other contention of mr. gopalaswami iyengar that section 39 of the act would have no application to an appeal under letters patent as it deals only with appeals from one court to another. we hold that the appeals are competent.11. on the merits the only question which arises is whether balakrishna .....

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Dec 24 1958 (HC)

B.N. Elias and Co. Private Ltd. and ors. Vs. G.P. Mukherjee and ors.

Court : Kolkata

Decided on : Dec-24-1958

Reported in : AIR1959Cal339,63CWN347

..... shown to our satisfaction that the decision of the second industrial tribunal in the present reference on the preliminary point is erroneous. it is not shown that there is any patent error on the face of the record or that the tribunal has wrongfully assumed a jurisdiction which it does not possess.18. in these circumstances, the appeal must fail. i .....

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