Court : Rajasthan
Decided on : Dec-20-2002
Reported in : RLW2003(1)Raj155; 2003(1)WLN371
..... act, procedure provided in section 98 had to be adopted. this position is reflected in following statement after explaining the meaning of term letters patent:'different letters patents have been handed down by the sovereign in british india to chartered high courts which included only judicature for bengal, madras, bombay, north west ..... this act had become obsolete, redundant and was no longer required to be on the statute book. for the repeal of bombay high court (letters patent) act, 1866, it was stated that this act was introduced to correct two clerical errors and subsequently, by virtue of amendments made in 1948, ..... of kerala high court happen to be travancore cochin high court and not the madras high court. therefore, even on analogy, provision in letters patent of madras high court relating to making of a reference to a larger bench or to a third judge in the contingency as was before ..... court as on the date of coming into force the constitution of india or after appointed day under state reorganisation act, 1956 nor the letters patent of a chartered high court handed over by british govt. or an, enactment made by other competent legislative authority, were under consideration before the ..... circumstances, the question before the supreme court in hemlatha's case was firstly whether kerala high court was a high court governed by the letters patent within the meaning of sub-section (3) of section 98 cpc, which would make section 98 cpc inapplicable to the situation which has arisen .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-19-2002
Reported in : (2003)182CTR(Kar)23; 264ITR142(KAR); 264ITR142(Karn)
..... only 50 per cent depreciation on depreciable assets acquired by it.question no. (v)--whether the assessee was entitled to claim any deduction on the alleged expenditure of acquisition of patent rights, copyrights and knowhow in terms of sections 35a and 34ab of the act.20. in our judgment rendered in income-tax appeal in ita no. 134/2000 and connected ..... any know-how. it is further clear that in this case, there was no patent right to be acquired. 'patent' is defined under the patents act, 1970, according to which only inventions can be patented. beedi rolling or beedi manufacturing is not an invention which can be patented or create any patent right. further, expenses on trade mark is not covered either under section 35a or .....Tag this Judgment!
Court : Company Law Board CLB
Decided on : Dec-09-2002
Reported in : (2004)122CompCas199
..... dealing with the merits of these cases, it is necessary to narrate the background in brief. the company was incorporated in 1953 in the name of m/s armstrong's patents (india) limited and was subsequently changed into the present name in the same year. the main object of the company is to carry on the business of manufacture etc.of .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-27-2002
Reported in : 2003(3)BomCR367; 2003(27)PTC115(Bom)
..... a specification of goods has been said to a question for the consumer and not a matter to be determined by expert scientific evidence.'in a treatise entitled 'intellectual property : patents, copyright, trade marks and allied rights' by w.r. cornish (third edition, first indian reprint 2001), again, it has been emphasised that the division of the trade marks register into ..... that the goods fell in class 12. that decision is final under sub-section (2) of section 8 unless the registrar has acted mechanically without any material or on a patently erroneous basis ;(vii) the question of classification is required to be answered by considering (i) the nature of the goods and the purpose and function of the goods ; (ii) the .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-21-2002
Reported in : (2003)1UPLBEC496
..... in lokmat newspapers pvt. ltd. v. shankar prasad : (1999)iillj600sc . stated that 'if a single judge exercises jurisdiction under article 22, letters patent appeal would be maintainable, but if the jurisdiction is exercised under article 227 it will not be maintainable'. but with an explanation that if the single ..... division courts thereof shall, with the necessary modifications apply in relation to the new high court................................................................................................................................................................................................................................................................................17. as from the appointed day-(a) the letters patent of her majesty, dated the 17th march, 1866, establishing the high court of judicature for the north-western provinces and chapter ii of the ..... legislative council. clause 35 is extracted below :-'35. and we do further ordain and declare that all the provisions of these our letters patent are subject to the legislative powers of the governor general in legislative council, and also of the governor general in council under section seventy- ..... labour court is fully maintainable under chapter viii, rule 5 of the court. elaborating his submissions. dr. padia contended that under clause 10 of letters patent of allahabad high court special appeal is maintainable even against award of labour court. reliance has been placed by dr. padia on apex court judgment in .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Oct-16-2002
Reported in : (2003)86ITD384(Kol.)
..... the exclusive benefits of and absolute right to all inventions, improved process of manufacture, designs, secret materials, formulas of mixing, improvements in addition to or further inventions relating to the patents or processes of manufacture or products manufactured or being developed by the company or otherwise relating to the business and affairs of the company which you may produce, make, invent ..... any such improvement, invention or additions as the company shall think fit. 7. you shall agree that any and all improvements, intentions and discoveries, whether or not capable of being patented, which you may make either alone or in conjunction with others during your appointment hereunder relating to or in anyway pertaining to or connection with any of the products of ..... of the company, execute and sign any and all applications, assignments and other instruments which the company may deem necessary or advisable in order to apply for and obtain letters patent design registration or other forms of protection for the said improvements, inventions and discoveries in such countries as the company may direct and to vest in the company alone or .....Tag this Judgment!
Court : US Supreme Court
Decided on : Oct-09-2002
..... 240 the justification for preserving such works may be, that justification applies equally to works whose copyrights have already expired. yet no one seriously contends that the copyright/patent clause would authorize the grant of monopoly privileges for works already in the public domain solely to encourage their restoration. finally, even if this concern with aging movies ..... these private bills do not support respondent's historical gloss, but rather significantly undermine the historical claim. the first example relied upon by respondent, the extension of oliver evans' patent in 1808, ch. 13, 6 stat. 70, demonstrates the pitfalls of relying on an incomplete historical analysis. evans, an inventor who had developed several improvements in milling ..... majority describes, extend existing protections retroactively. other changes, however, did not do so. a more complete and comprehensive look at the history of congressional action under the copyright/patent clause demonstrates that history, in this case, does not provide the "'volume of logic,'" ante, at 200, necessary to sustain the sonny bono act's constitutionality. congress, ..... however, advances four arguments in support of the constitutionality of such retroactive extensions: (1) the first copyright act enacted shortly after the consti- 4 "the copyright law, like the patent statutes, makes reward to the owner a secondary consideration. in fox film corp. v. doyal, 286 u. s. 123 , 127, chief justice hughes spoke as follows respecting .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Oct-03-2002
Reported in : AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463
..... hold that the law laid down in the case of sachish chandra jain (supra), that substitution of section 100a of thecode affects the letters patent appeals which have been preferred prior to 1-7-2002 and are pending for adjudication and hence, not maintainable, does not correctly state the ..... that aspect we think it appropriate to dissect whether section 100a of the code affects the pending appeals preferred under clause 10 of the letters patent. submission of mr. kale and mr. agrawal, the learned senior counsel is that the language employed in the said provision being quite clear, ..... court. in such appellate jurisdiction the high court exercises the powers of a court of error. so understood, the appellate power under the letters patent is quite distinct, in contrast to what is ordinarily understood in procedural language. that apart the construction of the aforementioned two documents involved, in ..... and vasudeva samiar in re., air 1929 madras 381 (special bench), were approved. the learned senior counsel has submitted that the scope of letters patent appeal is in a broad sphere and to divest it from the basic feature of appeal would tantamount to amputating the conceptual eventuality of appeal. ..... in the case of sachish chandra jain (supra) that contrary intention is manifest inasmuch as there is no saving in respect of the letters patent appeal as per section 16 of the amending act is erroneous inasmuch as the said analysis suffers from an inherent and intensive fallacy. to substantiate .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-03-2002
Reported in : AIR2003Raj63; 2003(2)WLN28
..... courts which included only judicature for bengal, madras. bombay. north west provinces (allahabad) and other like patna, lahore. rangoon. but no letters patent was handed over to the high court of state of rajasthan as neither, the state of rajasthan nor its high court was in existence when the ..... thereupon called writs close, literate clause and are recorded in the close-rolls, in the same manner as the orders are in the patent rolls.35. different letters patents have handed clown by the sovereign in british india to chartered high courts which included only judicature for bengal, madras, bombay. north ..... court as intra court appeal in the following circumstances :(i) as per the specific provisions contained in rajasthan high court ordinance:(ii) or letters patent act that were existing prior to commencement of the constitutionunder article 225.(iii) once an appeal reaches the high court, it has to be ..... bench. therefore, filing of appeal intra court within the high court as per the specific provisions contained in rajasthan high court ordinance or letters patent act that were existing prior to commencement of the constitution under article 225, would not alter the nature of decree passed by either of ..... the question raise by the court was in the following terms:'the question is whether remedy of intra court appeal provided under relevant letters patent or high court ordinance cases to be available in view of the provisions of section 54 of the land acquisition act. the question whether .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-03-2002
Reported in : AIR2003All80
..... protect and encourage the indian business class viz-a-vis the foreign business class. hence, the grant of the contract in question to a patent holder of a foreign corporation goes against the spirit of article 19(1)(g) and the tender conditions appear to be directed to create monopoly ..... party viz. the respondent no. 3 which is the sole value added reseller of drexler technology or corporation, usa which has got propriety and sole patent right for the optical technology worldwide. in our opinion, the whole effort of the state government was to benefit the respondent no. 3 which ..... allotted to value added reseller. it is alleged that the system of distribution of products fully patented as per the us patent law and wto agreement is bound to create 100 vendor dependence of the states and therefore create a monopoly in favour of such ..... guidelines. 20. in paragraph 29 of the writ petition it is alleged that laser card corporation, a 100 subsidiary company of drexier technology corporation, patent holder of smart optical card technology in usa. distributes its products to the end-users through sole value added resellers system in the territory defined/ ..... the writ petition it is alleged that the technology for optical card is proprietary of one drexier technology corporation of usa which is the sole patent rights holder worldwide. a profile of the drexier technology corporation of usa is annexure p-10 to the writ petition. the laser card system .....Tag this Judgment!