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Judgment Search Results Home > Cases Phrase: patents Year: 1964 Page 11 of about 365 results (0.014 seconds)

Jul 31 1964 (HC)

SadruddIn Suleman Jhaveri Vs. J.H. Patwardhan and ors.

Court : Mumbai

Decided on : Jul-31-1964

Reported in : AIR1965Bom224; (1965)67BOMLR101; ILR1965Bom394; 1965MhLJ290

..... to the special land acquisition officer, the declaration that the land is needed or likely to be needed for a public purpose in the notification under section 6 would be patently illegal for it would not fulfill the requirement of the proviso to section 6. it would also indicate a complete non-application of the mind. we shall show a little ..... as to the source from which the funds came, he could never have come to a correct decision as to whether there exists a public purpose or not. it is patent that there was no application of mind or a wrong application of mind by commissioner upon the facts then known to him. that in itself, in our opinion would vitiate ..... on behalf of the officers of government or of the corporation or the commissioner were further controverted by the petitioner in his affidavit dated 21st july 1964.(58) it is patent that the case on behalf of the commissioner, the respondent no. 1 before us, has been improved from time to time and the original stand taken in the first affidavit .....

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Oct 01 1964 (HC)

The Municipal Corporation Vs. Lala Pancham

Court : Mumbai

Decided on : Oct-01-1964

Reported in : (1965)67BOMLR782

..... by the plaintiffs to the high court which was dismissed summarily by datar j., on august 25, 1961. on the same day the plaintiffs preferred an appeal under the letters patent which went up before a division bench consisting of patel and palekar jj. the learned judges permitted the plaintiffs to amend the plaint over-ruling the objections of the defendants ..... before the trial court and ordinarily they would not have been entitled to lead fresh evidence at that stage, much less so at the stage of the appeal under letters patent. according to them, however, it is not possible to dispose of the case on the material on record, that there are certain documents on record which, if unexplained,support in ..... the fact that in such a case a party should not be allowed to adduce fresh evidence at the appellate stage and much less so at the stage of letters patent appeal. then it observed:if the case had rested thus the matter would have been very simple apart from the amendment application. it seems to us however that it is .....

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Mar 13 1964 (SC)

D.S. Chellammal Anni Vs. Nasanan Samban

Court : Supreme Court of India

Decided on : Mar-13-1964

Reported in : AIR1965SC498; [1964]7SCR197

..... jurisdiction is conferred on it by s. 115 of the code of civil procedure. there are two answers to this contention. the first is that the revenue divisional officer was patently wrong in his view of the law and therefore if the high court interfered with the wrong exercise of discretion, this court in its jurisdiction under art. 136 will not ..... held - that the discretion will not be exercised in favour of the tenant because he had failed to make a deposit under s. 3(3) of the act is a patent violation of the provision in clause (b) of s. 3(4) as to the exercise of discretion. 10. it is however urged that even if the revenue divisional officer had ..... he had to acted as he should have acted and deposited the amount under s. 3(3) in court. this view of the revenue divisional officer is in our opinion patently incorrect. now if the respondent had acted as he should have acted and made a deposit under s. 3(3) of the protection act, the matter would have been dealt .....

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Sep 23 1964 (SC)

Kamalammal and ors. Vs. Venkatalakshmi Ammal and anr.

Court : Supreme Court of India

Decided on : Sep-23-1964

Reported in : AIR1965SC1349

..... took the unusual step of practically overruling the full bench and refusing to be bound by it. in addition he refused leave to appeal under clause 15 of the letters patent, with the result that the appellant was forced to move this court for special leave.22. the appeal is accordingly allowed and the judgment of the, high court reversed and ..... . : ilr (1942) mad 807 : air 1942 mad 693 (fb), did not decide the precise point and consequently allowed the appeal, but on a certificate under clause 15 of the letters patent an appeal was filed and it was placed for decision before the full bench. leach, c. j. who delivered the judgment of the court referred to the earlier decisions and ..... of puttuswami were declared entitled to maintenance out of the properties and were granted a charge for the same. an application made to him under clause 15 of the letters patent for leave to appeal from his judgment was dismissed. this court, however, on being moved by kamalammal and her daughter as well as by the mortgagees granted special leave and .....

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Feb 18 1964 (HC)

Mohanlal Ganpatram Vs. Shri Sayaji Jubilee Cotton and Jute Mills Co. L ...

Court : Gujarat

Decided on : Feb-18-1964

Reported in : (1964)0GLR804

..... business and the bad financial position f the company, messrs. prahladji sevakram and company limited could extract annual sums of rs. 25,000 from the company. but this argument was patently misconceived. it completely overlooked the circumstances in which the agreement dated 10th january, 1958, was made between the company and messrs. prahladji sevakram and company limited. the companies act, 1956 ..... , on any such ground, i do not think there is any substance in the challenge. so far as the argument based on the point of quorum is concerned, it is patently unsustainable since on 8th december, 1957, there were only six directors of the company and under section 287 of the companies act, 1956, one-third of the total strength, namely ..... relieving shah manilal mulchand of its obligations under the adat agreement and enabling the directors and their relatives to take out their moneys from the company. but this allegation was patently unsustainable. the resolution accepting the termination of the adat agreement was passed by the board of directors on 8th december, 1957, in response to a letter dated 1st december, 1957 .....

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Jun 19 1964 (HC)

Khureshi Ibrahim Ahmed Vs. Ahmed Haji Khanmahomed

Court : Gujarat

Decided on : Jun-19-1964

Reported in : AIR1965Guj152; (1965)GLR27

..... so by giving him the necessary leave. no litigant can, therefore, be said to have a vested right to prefer a letters patent appeal, and the contention based on the hypothesis that there is such vested right in a litigant must, therefore, rejected. (11) this being the position we allow the appeal, set ..... based was that a reference of a second appeal by a single judge to a division bench would take away the vested right of the litigant to prefer a letters patent appeal and this was not permissible. but this ground is not well-founded. we cannot accept the proposition that any litigant has a vested right to prefer a letters ..... patent appeal can be referred by a litigant against a decision of single judge in second appeal only if the learned judge who decides the second appeal permits him to do .....

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Jul 31 1964 (HC)

Sudhir Kumar Mondal Vs. Abhoy Pada Saha

Court : Kolkata

Decided on : Jul-31-1964

Reported in : AIR1966Cal141

..... the reasons for this revision. an attempt was, accordingly, made to bring forth such interim report, if any, from the government of india, but to no success. it is, however, patent that no such interim report was ever published by the government. we also gave both parties the liberty to take steps for bringing before the court any such interim report ..... scheduled castes order refers to a caste other than the 'sunri' caste and not a group or sub-caste within the larger caste 'sunri'. this interpretation of the item is patently erroneous. the words 'parts of or groups within' are wide enough to refer to any determinate part of a caste which may be referred to by surname or otherwise, and ..... , respondent belongs to the saha-sunri sub-caste. he further states that there is no social intercourse between the sunri sub-caste and the saha sub-caste. one thing is patent from the deposition of this witness, namely, that the sunri sub-caste has no surname of its own and that the witness who claims to belong to the sunri sub .....

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Sep 22 1964 (HC)

In Re: Bengal Luxmi Cotton Mills Ltd.

Court : Kolkata

Decided on : Sep-22-1964

Reported in : [1965]35CompCas187(Cal),69CWN137

..... relief should be granted in an interlocutory application in the suit. if it is manifestly clear that the petition under section 397 and section 398 cannot be maintained because of patent defects arising from non-compliance with the statute or the rules or because the court has no jurisdiction to entertain the petition, an order for ad interim relief should be ..... can the respondent oppose an application for interim relief on the ground that the applicant has no right or that the court has no jurisdiction. indeed if there is a patent defect of that nature, namely, that on the petition as it is, the petitioners have no right to apply, or that the. court has no jurisdiction to entertain the petition ..... , it is the duty of the court to decline to make any interim order. but in my view there is no such patent defect in the petition under section 397 and section 398. in an appropriate case it would be open to the respondents, in a petition under section 397 and section 398 .....

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Dec 04 1964 (HC)

Ahmed G. H. Ariff Vs. Commissioner of Wealth-tax, CalcuttA.

Court : Kolkata

Decided on : Dec-04-1964

Reported in : [1966]59ITR230(Cal)

..... assessee -'(1) any property held by him under trust or other legal obligation for any public purpose of a charitable or religious nature in india;..(v) the rights under any patent or copyright belonging to the assessee :provided that they are not held by him as assets of a business, profession or vocation and no income or benefit accrues to him ..... personal rights which cannot be called either movable or immovable property. besides section 5(1) (v) goes to show that right under patents or copyrights would also fall within the description of property. it is well known that a patent is a chose-in-action and 'copyright is the sole right to produce or reproduce a work which is capable of being .....

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1964

Brulotte Vs. Thys Co.

Court : US Supreme Court

Decided on : Jan-01-1964

brulotte v. thys co. - 376 u.s. 905 (1964) u.s. supreme court brulotte v. thys co. , 376 u.s. 905 (1964) 376 u.s. 905 walter c. brulotte et al., petitioners, v. thys company. no. 707. supreme court of the united states february 17, 1964 edward s. irons, for petitioners. george w. wilkins, for respondent. petition for writ of certiorari to the supreme court of washington granted limited to questions 1 and 2 presented by the petition which read as follows: '1. whether it is a misuse to include in a license agreement a provision which perpetuates the monopoly of a licensed patent by a requirement that royalties be paid for the use of the invention after the patent has expired and the invention had been dedicated to the public. '2. whether it is a misuse or an antitrust violation to include in a license agreement a provision which extends the monopoly of a patent to unpatented subject matter by a provision which requires the payment of post-expiration royalties.' the case is placed on the summary calendar.[ brulotte v. thys co. 376 u.s. 905 (1964) ]

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