Court : Allahabad
Decided on : May-16-1962
Reported in : AIR1964All27
..... at. if the patentee claims protection for a process for producing a result and that result cannot be produced by the process ...... considerationfor the patent fails' and the protection which is purchased by the promise of results cannot survive. it has already been shown earlier that some of the ..... the defendants have not completely copied out or imitated the plaintiff's process of manufacture and one essential part of it, which according to the patent itself reduces the time in the manufacture of utensils, is missing from the defendants' process of manufacture.the statement of nankau defendant that he ..... defendants came to their shop and learnt theprocess of manufacture on the pretext of getting a licence and then stealthily adopted that process infringing the patent right. the defendants' case, on the other hand, is that utensils with the aid of darjas which have been signed by the vakil commissioner ..... 2 only, defendant no. 3 has not put in appearance in this case. the contesting defendants have denied the allegations relating to the alleged patent obtained by mahabir prasad vishwakarma or its transfer in the plaintiff's favour or the registration of assignment. it has been alleged that the suit ..... devi in mirzapur city. luxmi dutt and roop chand are the two partners of the firm at present. one mahabir prasad vishwakarma of mirzapur obtained a patent no. 42514 of 1950 under the act in respect of the process of manufacture of hollow wares, such as 'lotas', 'batwas', 'degchis', 'batlois .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-15-1962
..... manner held by the washington courts. the first of these rests upon the assertion that the particular parcel of land upon which this burglary was committed is held under a patent in fee by a non-indian. the contention is that, even though the reservation was not dissolved completely by the act permitting non-indian settlers to come upon it, its ..... page 368 u. s. 355 for the settlement and entry under the homestead laws of other surplus lands remaining on the diminished colville reservation after allotments were first made and patents issued for 80 acres of land to "each man, woman, and child" either "belonging to or having tribal relations on said colville indian reservation. . . ." the 1916 presidential proclamation issued pursuant ..... of 1151, which defines the term to include "all land within the limits of any indian reservation under the jurisdiction of the united states government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation. . . ." rather, the trial court's conclusion rested solely upon its holding that, although the land upon which the burglary occurred had ..... conclusion would not be required, since 18 u.s.c. 1151 defines "indian country" as including "all land within the limits of any indian reservation . . . , notwithstanding the issuance of any patent." pp. 368 u. s. 357 -358. (c) a different conclusion is not required by the fact that the land on which the offense occurred is located within a governmental townsite .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-07-1962
Reported in : AIR1962SC1371; 32CompCas514(SC); Supp3SCR632
..... principle of natural justice is set at nought, and the very fundamental conception of it, namely, resort to court is completely absent. such a law, it is said, is so patently, unreasonable as to be a gross violation of all fundamental rights. lastly, it is contended that in giving the reserve bank the power to elect to proceed under the companies ..... the reserve bank even though it may be expert in banking. the following observations of lord morton of henryton in baldwin & francis ltd. v. patents appeal tribunal (1959) a.c. 663, which was a case relating to patents are very relevant :- 'it would, indeed, be regrettable in present times, when certiorari lies to so many tribunals dealing with scientific matters, if the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Nov-05-1962
..... tying product and into the corollary problem of the seller's percentage share in that market. this is even more obviously true when the tying product is patented or copyrighted, in which case, as appears in greater detail below, sufficiency of economic power is presumed. appellants' reliance on united states v. e ..... be strictly confined. there may be rare circumstances in which the doctrine we have enunciated under 1 of the sherman act prohibiting tying arrangements involving patented or copyrighted page 371 u. s. 50 tying products is inapplicable. however, we find it difficult to conceive of such a case, and ..... of programming material and with other feature films as well. thus, they argue that their behavior is not to be judged by the principle of the patent cases, as applied to copyrighted materials in paramount pictures, but by the general page 371 u. s. 48 principles which govern the validity of ..... may have. as the district court said, the result is to add to the monopoly of the copyright in violation of the principle of the patent cases involving tying clauses." 334 u.s. at 334 u. s. 158 . appellants attempt to distinguish the paramount decision in its relation to the ..... from the tying product's desirability to consumers or from uniqueness in its attributes. [ footnote 4 ] the requisite economic power is presumed when the tying product is patented or copyrighted, international salt co. v. united states, 332 u. s. 392 ; united states page 371 u. s. 46 v. paramount pictures, inc., .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-25-1962
..... the court deemed "the effect of adjudication in equity the same as that of decision on appeal." see kurland and wolfson, supreme court review of the court of customs and patent appeals: patent office and tariff commission cases, 18 g.w.l.rev.192, 194-198 (1950). page 370 u. s. 577 at the time when postum was decided, the proceeding ..... to courts invested with jurisdiction solely over matters of national import. our question is whether the independence of either the court of claims or the court of customs and patent appeals has been so compromised by its investiture with the particular heads of jurisdiction described above as to destroy its eligibility for recognition as an article iii court. the ..... further opportunity to contest the matter on plenary records developed in litigation elsewhere. this practice but furnishes a further illustration of the specialized jurisdiction of the court of customs and patent appeals, akin to that of the commerce court, in passing upon the consistency with law of expert administrative judgments without undertaking to conclude private parties in nonadministrative litigation. we ..... accountings, [ footnote 38 ] to decide if debts [ footnote 39 ] or penalties [ footnote 40 ] are due the united states, and to determine the liability of the united states for patent or copyright infringement [ footnote 41 ] and for other specially designated torts. [ footnote 42 ] in addition, it has been given jurisdiction to review, on issues of law including the existence of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-26-1962
Reported in : AIR1963SC946; 45ITR414(SC); 1SCR1
..... but the high court pointed out that the jurisdiction, though original, is a special jurisdiction and should not be confused with ordinary civil jurisdiction under the letters patent. the andhra high court in satyanarayanamurthi v. i.t. appellate tribunal a.i.r. 1957 ap 123 described it as an extraordinary original jurisdiction. it is ..... i.l.r.  all. 535. but the said decisions do not attempt to lay down a definition of the expression 'judgment' in the letters patent. the nagpur high court in manohar v. baliram i.l.r. 1952 nag. 471 by a majority, after considering the case-law on the subject, laid ..... the peace for calcutta v. the oriental gas co. (1872) 8 beng. l.r. 433 defines the word 'judgment' in clause 15 of the letters patents thus : 'we think 'judgment' in clause 15 means a decision which affects the merits of the question between the parties by determining some right or liability. ..... the said clause 10 corresponds to clause 15 of the letters patent for the high courts of calcutta, bombay and madras. the scope of the expression 'judgment' came under the judicial scrutiny of the various high courts ..... judge of the court can be maintained only if that order amounts to a 'judgment'. that rule gives effect to clause 10 of the letters patent for the high court of allahabad, which gives a right of appeal against a judgment of a single judge subject to the conditions mentioned therein. .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-04-1962
Reported in : 54ITR592(Cal)
..... the category of 'capital' a perpetual payment, (b) that the payments being related to turnover, i.e. to a trading activity of r. ltd., was not dissimilar from royalties on patents, (c) that the sums payable were not related in any way to any special sum, and that (d) the payment which might continue in perpetuity could not be regarded as .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-19-1962
Reported in : AIR1963P& H221
..... to assail the award of the additional district judge on a different ground. it is a well-recognized rule that in an appeal under the letters patent, an appellant is not entitled to be heard on a point which had not been raised before the judge from whose judgment he is appealing reference ..... secy, of state, ilr 3 lah 420 : (air 1923 lah 275), and it was held :-'it is beyond dispute that clause 10 of the letters patent gives in express terms a right of appeal, and icannot hold that that right has been impliedly taken awayby section 54 of the land acquisition act, more ..... court in union of india v. mohindra supply co., air 1962 sc 256 where it was held that no appeal under clause 10 of the letters patent lies against the judgment of a single judge passed on an appeal under section 39 of the indian arbitration act. this decision, - however, proceeds upon ..... claim separate and individual interest in the acquired property.6. the other preliminary objection, which is common, to both the appeals is that no letters patent appeal is competent against the judgment of the learned single judge passed on appeal under section 54 of the land acquisition act. reliance in this connection is ..... dismissed the appeal. aggrieved by this decision of tek chand j., dated 3rd october, i960, two sets of appeals under clause 10 of the letters patent have been preferred.5. bafore dealing with the merits of the appeals, it is necessary to dispose of the preliminary objections raised on behalf of the respondents .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-08-1962
Reported in : AIR1963P& H100
..... were dismissed.6. on second appeal to this court, the decrees passed by the lower appellate court were upheld and this has led to the filing of the present letters patent appeals by the plaintiff7. learned counsel for the appellant, in the first instance, contended that the learned single judge had found that the suit brought by sant ram on ..... 1948. this decree was affirmed by j. l. kapur j. on second appeal by this court on 5-8-1951.the two suits, out of which the present letters patent appeals have arisen, were brought in august 1945 by ram singh against baldev singh and jasmer singh for possession of the land in dispute on the basis of the sale ..... jasmer singh, respondent no. 1 in letters patent appeal. no. 267 of 1959. on 4-5-1948 sant ram filed an application under section 36 of the indian registration act, 1908 (hereinafter called the act), to the ..... , could not be registered, on 18-3-1943 ajaib singh exchanged 3 bighas and 5 biswas out of this very land with baldev singh, respondent no. 1 in letters patent appeal no. 258 of 1959, and the deed was registered on 27-3-1943.on 11-10-1943 ajaib singh sold the remaining land also by a registered deed to ..... p. g. pandit, j.1. this judgment will dispose of two connected letters patent appeals nos. 257 and 258 of 1959.2. on 11-2-1943 ajaib singh sold agricultural land measuring 7 bighas and 18 biswas to sant ram, father of ram .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-02-1962
Reported in : AIR1962P& H507; (1962)IILLJ604P& H
..... the petitions were allowed and the parties left to bear their own costs. against that decision the regional provident fund commissioner has filed there appeals in the three cases (letters patent appeals nos. 392, 393 and 394 of 1958), while two cross-appeals have been filed--one by the lakshmi rattan engineering works limited (letters ..... patent appeal no. 413 of 1958) and the other by the east india cotton manufacturing company private limited (letters patent appeal no. 414 of 1958).(6) it is convenient to deal with, the contentions raised on behalf of the companies first ..... of the act and cannot be called illegal.(11) for these reasons, i would dismiss the two appeals by the lakshmi rattan engineering works limited (letters patent appeal no. 413 of 1958) and the east india cotton manufacturing company private limited (letters patent appeal no. 414 of 1958) with costs, and allow the three appeals by the regional provident fund commissioner (letters ..... patent appeals nos. 392, 393 and 394 of 1958) also with costs and set aside the order made by grover, j., in these three cases and discharge the rule in each .....Tag this Judgment!