Court : Allahabad
Decided on : Dec-17-1980
Reported in : AIR1981All287
..... with, yetif the expert body takes a view which noreasonable person could take them the courtcould and ought to interfere. as pointed outby lord denning in baldwin and francisltd. v. patents appeal tribunal, ((1959) 2 aller 433) even on technical matters a courtcan hear arguments of counsel and consulttext books, technical dictionaries, etc. or evenbe informed through assessors, and thecourt's ..... already started in pursuance of the admissions. we could on this ground have declined to interfere altogether but for the fact that the mistake pointed out by him is too patent and some admissions are still going on from the waiting list and the petitioner still stands a chance of securing admission. we, therefore, make it clear that the candidates who .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-15-1980
..... government. later, parliament passed, and the king assented to, a statute implementing the act of settlement providing that a judge's salary would not be decreased "so long as the patents and commissions of them, or any of them respectively, shall page 449 u. s. 219 continue and remain in force." 1 geo. iii, ch. 23, iii (1760). these two statutes ..... justice of the supreme court); 28 u.s.c. 44(d) (circuit judges); 28 u.s.c. 173 (court of claims); 28 u.s.c. 213 (court of customs and patent appeals); 28 u.s.c. 252 (court of international trade (formerly customs court)) . [ footnote 3 ] these amounts exceeded the levels these salaries would have achieved had congress left in effect .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-04-1980
Reported in : 136ITR746(Bom); 7TAXMAN85(Bom)
..... a limited period of the technical knowledge of the swiss company with the right to use to patents and trade marks of that company. the assessee acquired under the agreement merely the right to draw, for the purposes of carrying on its business ..... the india i.t. act, 1922. the assessee did not under the agreement become entitled exclusively even for the period of the agreement, to the patents and trade marks of the swiss company, it had merely filed which the swiss company commenced. the assessee was on that account a mere licence for ..... of the products made and sold by the assessee-company, the fee being subject to indian taxes, if any. (c) for the right to use the patents and the inscription 'license-grasso' as described in clause 15, the assessee-company will pay to the said grasso a royalty of 2% on the 'net ..... previous written consent of the other party. by cl. 8 both the parties agreed to give each other a free licence of existing and future patents in the filed of the products mentioned in cl. 1 of the said agreement. by cl. 9, the assessee undertook to start the manufacture of ..... scientific and technical knowledge and information, know-how, engineering date, calculations, drawings, designs, material specification, experience and continuous development with the benefit of all patents held by the said grasso in connection with products described in cl. 1 of the said agreement. the objection of the said agreement which has been described .....Tag this Judgment!
Court : Delhi
Decided on : Nov-21-1980
Reported in : AIR1981Delhi95; 19(1981)DLT323; 1981RLR373
..... simmons v. mathieson & cold (1911) 28 r.p.c. 486 in these words : 'inorder to render valid the registration of a design under the patents and designs act, 1907, there must be novelty and originality, it must be a new or original design. to my mind, that means that there must ..... single and most familiar article of dress like this, which constitutes novelty of design. , hold that would be no paralyse industry 'and to make the patents, designs and trade marks act a trap to catch honest traders. there must be, nor a mere novelty of outline, but a substantial novelty in the ..... following grounds, namely............ (iii) that the design is not a new or original design.'(6) it may also be mentioned that rule 36 of the indian patents & designs rules, 1933, provides that the applicant may, and shall, if required by the controller in any case so to do endorse on the application ..... that such designs were common in the market and the appellants had made a false claim to be the originators of the design before the controller of patents & designs to obtain the impugned registration. the grievance is that they were hindered in their trade by the registration. (3) the appellants controverter these ..... the design of m/s. b. chawla & sons, hereinafter referred to as the appellants in respect of mirror registered at no. 139585 in class i under the indian patents & design act, 1911 (the act), on february 28, 1972, is a 'new or original' design. (2) m/s. bright auto industries, hereinafter referred to .....Tag this Judgment!
Court : Chennai
Decided on : Nov-04-1980
Reported in : (1981)1MLJ402
..... the plaintiffs father and defendants' mother and they cannot be brushed aside just as a mere coincidence. the trial court's finding that in karaikal region there are many muslim patents having the same name as mentioned in exhibits a-2 and a-3 can-not be accepted as there is absolutely no evidence in support of that finding. it therefore .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Oct-07-1980
Reported in : AIR1981MP123; 1981MPLJ202
..... . explanation-- the undertaking of coril referred to above shall be deemed to include all assets, rights, leases, tenancies, powers, authorities and privileges, trade marks, trade names, patent rights and licences for the use of patents and all property, movable and immovable, tangible or intangible (including cash and bank balances), reserve funds, book debts, outstandings, reserves, balances on revenue accounts, investments and all .....Tag this Judgment!
Court : Delhi
Decided on : Aug-25-1980
Reported in : ILR1981Delhi257
..... embodied in the patented apparatus. in other words wet laminating apparatus being already known and used in india previous to priority date there was no inventive step and there was no novelty ..... apparatus/device when he applied for registration of the patent. according to them the complete specification furnished by the plaintiff is vogue, unintelligible and jugglery of words. thus the specification does not state what is the modified construction ..... laminating system from morane maxibond machine and specification and has falsely claimed to be an inventor of the said appalatus. further the plaintiff has not disclosed in the patent specification as to what was the laminating apparatus already available and what was the modification and distinct improvement made and utility imparted by the plaintiff to the existing ..... interim injunction concisely are that the plaintiff has instituted a suit for permanent injunction restraining the defendants and their ser- vants, or agents etc. from infringing in any manner, patent no. 143964 dated 21st july, 1976 entitled 'laminating apparatus' of which he claims to be proprietor and patentee, by manufacture, sale or offering for sale or using .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-25-1980
Reported in : (1981)22CTR(Guj)186; 130ITR655(Guj)
..... capital gains are assessable in the case of transfer of goodwill, the indian act did not have it in contemplation, when enacting section 12b, that self-created assets like copyright, patents and goodwill should be subjected to capital gains arising on their transfer and hence capital gains on the transfer of a goodwill are not liable to be taxed under section ..... to pay tax on capital gains and profits under s. 41 (2) on different items sold by him under the aforesaid two documents in question, even then, the tribunal was patently in error when it held that rs. 13,000 were liable to be taxed by way of profit on sale of stock. 8. mr. divatia further contended that, in any .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-25-1980
Reported in : (1981)22GLR1019
..... justice or by the high court, is, therefore, consistently regarded by the statutes as a function in the administration of justice (see in this connection clause 8 of the letters patent for the high court's of calcutta, bombay and madras, section 9 of the high courts act, 1861, section 106 of the government of india act, 1915 and sections 223 ..... court has also been invested with legislative power under section 122 of the code of civil procedure 1908, section 23 of the contempt courts act, 1971, section 158 of the patents act, 1970 and other laws.13. the constitution also vests in the high court's administrative power besides the judicial and legislative powers. under article 237(2), the high court ..... of any law made by the appropriate legislature. it might be recalled that the legislative power of the high court has its genesis in the relevant clauses of the letters patent and section 13 of the high courts act, 1861 and that a similar provision was to be found in sections 106 and 108 of the government of india act, 1915 ..... of any law made by the appropriate legislature. the judicial power of the existing high courts at the commencement of the constitution conferred by the material clauses of the letters patent as well as by the then extent laws made by the appropriate legislature is thus saved by article 225 read with section 223 of the government of india act, 1935 .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-07-1980
Reported in : 139ITR806(Guj)
..... the results of future research and development by the company relating to the products and furnish calico simultaneously with the execution of the agreement with all and any secret or patent formulations used by or known to the company for the manufacture of the products and as occasion might arise with all and any improvements, modifications and verifications thereof and any ..... companys standards. under cl. 3, calico was to be free to manufacture, sell and exploit their production of vinyl acetate in india and other parts of the world subject to patents and instructions outside the companys control which may affect such sales outside india and the company agreed to use its best endeavours to obtain such agreements with other parties as ..... and conveyed to calico the sole and exclusive right and licence to manufacture, distribute, sell and exploit the products and improvements, modifications thereof in india and use of any indian patents owned or to be owned by the company in respect of the said products. under cl. 2, the company agreed from time to time and at all times to make ..... derivatives of these and similar resins and certain monomers produced by a process of ester interchange such as vinyl caprate and vinyl aterate and others according to certain secret or patent formulations owned or controlled by the company. in this agreement, vinyl products ltd., is referred to as the company whereas the assessee-company is referred to as calico. the further .....Tag this Judgment!