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Judgment Search Results Home > Cases Phrase: patents Year: 1960 Page 1 of about 392 results (0.019 seconds)

Mar 16 1960 (HC)

Standard Glass Beads Factory and anr. Vs. Shri Dhar and ors.

Court : Allahabad

Decided on : Mar-16-1960

Reported in : AIR1960All692

..... incidental proceedings for attachment or arrest before judgment or for temporary injunction or for the appointment of a receiver were judgments within the meaning of clause 15 of the letters patent. such orders did not dispose of any rights or determine any liabilities in dispute in the suit or proceeding itself. such orders only related to 'a detriment suffered in ..... parties; it only initiates the proceedings by which the liability of the justices to make compensation will be ascertained and determined.' he defined 'judgment' in clause 15 of the letters patent as meaning 'a decision which affects the merits of the question between the parties by determining some right or liability. it may be either final, or preliminary, or interlocutory, the ..... which the permanent injunction had been claimed. the district judge granted the temporary injunction and restrained the appellants from manufacturing, selling or using glass beads in infringement of the respondents' patents. against that order a first appeal from order was filed in, this court under order xliii, rule 1 (r) c. p. c. it was heard by mr. justice vishnu ..... generally assumed that a preliminary judgment and an interlocutory judgment are the same. with respect, i doubt whether this assumption is justified. the use of both terms in the letters patent suggests that they have different meanings although the meanings may overlap. in black on judgments cited by krishnaswamy ayyar, j., in his illuminating judgment in ilr 35 mad i the .....

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Sep 05 1960 (HC)

Upendra Nath Dass and Sons Vs. T.C. Martin

Court : Kolkata

Decided on : Sep-05-1960

Reported in : AIR1962Cal69

..... utilities ltd., of which the relevant paragraph is as follows : 'i understand you are manufacturing a certain kettle which is an infringement of patent no. 165299 vested in a client of mine. unless i receive forthwith your assurance that you will at once cease manufacturing such kettles i shall ..... that they have been selling crushing machines of the type for which monopoly is wrongly claimed by the defendant by virtue of the said patent on an extensive scale and that the plaintiffs have suffered damages because of the threats contained in the said letter of 18th of july, ..... feature was too wellknpwn in machines prior to the date of the said application. our clients are of the opinion that the patent office granted the patent without having the knowledge that machines including the feature as claimed in claim 1 of 63186 were already available in the market in ..... manufacturing, selling and/or offering for sale crushing machines falling within the scope of the abovementioned patent as well as essential component parts of such machines. the addressee was called upon (i) to desist forthwith from manufacturing, selling and/or ..... 15 chaulpati road, belliaghata, calcutta, stating that the defendant enjoyed exclusive right to manufacture, sell and use any crushing machine covered by the said patent as well as component parts specially intended for such crushing machines, that it had come to the defendant's knowledge that the addressee had been .....

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Jun 13 1960 (FN)

Hoffman Vs. Blaski

Court : US Supreme Court

Decided on : Jun-13-1960

..... courts of appeals over those matters. we ought to forestall in other situations of potential controversy the kind of judicial unseemliness which this case discloses. plaintiffs brought this action for patent infringement in the united states district court for the northern district of texas. defendants moved pursuant to 28 u.s.c. 1404(a) to have it transferred to the northern ..... the action in the illinois district court would be more convenient to the parties and witnesses and in the interest of justice because several actions involving the validity of these patents were then pending in that court, and that pretrial and discovery steps taken in those actions had developed a substantial amount of evidence that would be relevant and useful ..... of, and maintain their only place of business in, the city of dallas, in the northern district of texas, where they are infringing respondents' patents. after being served with process and filing their answer, the defendants moved, under 1404(a), to transfer the action to the united states district court for the northern district of ..... of the defendant, to a district in which the plaintiff did not have a right to bring it. no. 25, blaski. -- respondents, blaski and others, residents of illinois, brought this patent infringement action in the united states district court for the northern district of texas against one howell and a texas corporation controlled by him, alleging that the defendants are residents .....

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Jan 04 1960 (HC)

Mohammed Felumeah Vs. S. Mondal and ors.

Court : Kolkata

Decided on : Jan-04-1960

Reported in : AIR1960Cal582,64CWN861

..... order or decree, appealed from, suggesting -- or, at least purporting to suggest, -- thereby that the word 'judgment' in clause 15 of the letters patent should better be left undefined and, in each case, it should be construed with reference to the particular order (decision) before the court, its form and ..... on an application which is nothing more than a step towards obtaining final adjudication in the suit is not a judgment within the meaning of the letters patent.' this was necessary, as, otherwise, as pointed out by the supreme court in asrumati's case, : [1953]4scr1159 , (supra), the above ..... wn 242: (air 1922 cal 172). similar attempts are also discernible in some of the later or more recent decisions of this court, including the letters patent bench decision in the case of brojo gopal roy v. amar chandra : air1929cal214 and the subsequent bench decision in the case of : air1935cal35 , in ..... was placed by their lordships of the rangoon high court for supporting their above view, the last two were cases under clause 39 of the letters patent, which uses the terms 'final judgment, decree or order,' this showing that the real emphasis of the judicial committee was on finality and formality vis ..... and 'order' came to be clearly differentiated after the passing of the judicature acts'. if one wanted to ascertain what the framers of the letters patent had really in mind when they used the word 'judgment' one would perhaps have to make a search in the vocabulary of the old english lawyers .....

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Mar 25 1960 (HC)

Bhikamchand Bagri, Calcutta Vs. Commissioner of Income-tax (Central), ...

Court : Kolkata

Decided on : Mar-25-1960

Reported in : AIR1960Cal681,[1962]44ITR746(Cal)

..... patent rights. the surplus arising on the sale of the foreign patent was held to be trade profit and the claim of the company that the surplus ..... 132 at pp. 138, 141-2: 13 tax cas 366, the main business of the company was the granting of manufacturing licenses under its patents but it always contemplated the possibility of sale of its interest in the foreign patents. the company sold its rights in a foreign patent. during the twenty-two years of its existence this was the only sale of .....

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Apr 25 1960 (HC)

Damodar Sharma and anr. Vs. Nandram Deviram

Court : Madhya Pradesh

Decided on : Apr-25-1960

Reported in : AIR1960MP345

..... its being passed. you must look to the mischief which had to be cured as well as to the cure provided.'in eastman photographic material co. v. comptroller general of patents, 1898 ac 571 (576), ear] of halsbury said:'my lords, it appears to me that to construe the statute in question, it is not only legitimate but highly convenient to ..... division bench'. that reference was considered by the division bench of shinde c.j. and dixit j. (as my lord then was), while deciding the special appeal (say roughly. letters patent 'appeal) in the case of madh b lj 1954 hcr 274. the division bench took a broader view. dissenting from the view taken in laduram's case, madh b lj .....

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Aug 31 1960 (HC)

Messrs. Tansukhrai Bodulal Vs. Income-tax Officer, Nowgong, and Others ...

Court : Guwahati

Decided on : Aug-31-1960

..... the party applying for it or are such as would render it unjust on the part of the court to interpose.(iv) where, however there is patent lack of jurisdiction and the court is immediately satisfied that the inferior court or authority has exceeded its jurisdiction, the court will very readily interpose. the ..... between what i will call a latent want of jurisdiction, i.e. something becoming manifest in the courts of the proceedings and what i will call a patent want of jurisdiction, i.e., a want of jurisdiction apparent on the face of the proceedings. whilst in cases of latent want of jurisdiction there has ..... abide the chance of a repetition of the error.."this principle has been reaffirmed by lord goddard in the case of r. v. comptroller general of patents.at page 865 he observed as follows :"objection to jurisdiction can always be taken by plea and if an appeal lies from the court or tribunal in ..... a relief by this court under article 226 of the constitution. if the defect of jurisdiction is apparent on the face of the record, i.e., patent, this court will not refuse relief to the petitioner even on the ground of acquiescence.in cases where the defect of jurisdiction is latent namely it ..... have led to the dismissal of the suit. the present case does not come strictly within these authorities..."in this case the suit though under the patent act could be filed before the district judge was filed before the subordinate judge. the district judge by his order transferred the case to his file .....

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Aug 08 1960 (HC)

Barham Dutt and Ors. Vs. Peoples' Co-operative Transport Society Ltd., ...

Court : Punjab and Haryana

Decided on : Aug-08-1960

Reported in : AIR1961P& H24

..... jullundur, 1956-58 plr 567 : (air 1957 punj 60), the head-note is in the following terms:'an appellant cannot be permitted in letters patent appeal to question the facts, the existence of which was assumed before the single judge or to complain of an error for the commission of which he ..... 226 of the constitution and this decision, according to him, can clearly form the subject matter of an appeal under clause 10 of the letters patent. the counsel proceeds that merely because some further directions have been given by the single judge under article 227, which directions cannot by themselves form ..... judge also amounted to dismissal of the petition under article 226 of the constitution and therefore, as such appealable under clause 10 of the letters patent, but the position nevertheless remains that it an order is held to have been passed only under article 227 of the constitution, then such an ..... single judge, being under article 227 of the constitution, is not appealable underclause 10 of the letters patent. he has in this connection placed reliance on waryam singh v. amarnath, air 1954 sc 215, where it is laid down that the material part ..... the chief commissioner who should re-hear and re-decide the matter in accordance with law. it is against this order that the present two letters patent appeals have been preferred.4. mr. narula has, on behalf of the respondents, raised a preliminary objection that the direction given by the learned .....

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Sep 01 1960 (HC)

Rayalaseema Bank Ltd. Vs. Tharigopala Pedda Narayanappa and anr.

Court : Andhra Pradesh

Decided on : Sep-01-1960

Reported in : AIR1961AP483

..... 13 and 14 of the high courts act, 1861. it is unnecessary to reproduce these statutory provisions or clauses 36 and 37 of the letters patent. suffice it to say that these provisions empower the high court to make rules for regulating the practice of the court and to provide by its ..... viswanatha sastry, j. that:'the power to frame rules regulating its practice and procedure conferred on the high court under parliamentary enactments and the letters patent is preserved by article 225 of the constitution corresponding to section 223 of the government of india act, 1935, which takes us back to sections ..... judge's order declining to refer the appeal to a bench of two judges is a 'judgment' within the meaning of clause 15 of the letters patent.24. we cannot, however, part with this case without expressing with respect, our dissent from the view taken by sanjeeva row nayudu, j. that ..... we are in entire agreement with the reasoning of the learned judges of the bombay high court in : air1952bom229 .16. clause 44 of the amended letters patent, applicable to this court, clearly enacts that they (sic) are subject to the powers of the indian legislature. we are therefore, of opinion that inasmuch ..... act, 1940, no appeal lies against any order under the act and to that extent the right of appeal given by clause 15 of the letters patent of the calcutta high court was curtailed and restricted.in madhavdas devidas v. vithaldas vasudeodas, : air1952bom229 a bench of the bombay high court consisting of .....

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Apr 21 1960 (HC)

Shakuntala and ors. Vs. M.B. Jaisoorya and ors.

Court : Andhra Pradesh

Decided on : Apr-21-1960

Reported in : AIR1961AP390

..... objection must fail. here we are only concerned with the judgment of a judge of the andhra pradesh high court and clause 15 of the letters patent would certainly apply.7. coming to the merits of the case the whole question depends upon the construction of the terms of the will. it is ..... and therefore, the andhra high court, which has now been named the andhra pradesh high court, would be governed by clause 15 of the letters patent and would exercise jurisdiction under that clause irrespective of the fact that the matter related to the telangana area of the hyderabad state.6. one other ..... . these sections, in our opinion, have no relevancy whatsoever to the question as to whether an appeal would lie under clause 15 of the letters patent against a judgment of a judge of the high court of andhra pradesh. sections 119 and 120 only say that by reason of territorial changes and ..... to exercise jurisdiction over all the territories in hyderabad, the hyderabad high court having ceased to exist.the necessary consequence of this was that the letters patent which governed the proceedings in the high court in so far as the andhra high court was concerned, applied to the andhra pradesh high court also. ..... was being argued.4. now before us sri ramachandra rao raised a preliminary objection stating that the appeal was incompetent because clause 15 of the letters patent could not apply to this case. the argument was that the suit was one filed in the hyderabad state and pertaining to the telangana area of .....

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