Court : Kolkata
Decided on : Sep-11-1970
Reported in : AIR1971Cal421
..... the controller's power of enlargement or extension of time under rule 67 would be available, in appropriate circumstances, to the case of a revoked patent, would be questions of such importance as to justify grant of certificate under the above clause.7. in the above view, we reject this ..... the relevant act even, on the arguments, made by mr. sen, for finding out the mistake, if any, one has to travel beyond the patent and beyond the order or orders of competent authorities under the act. in such circumstances, the appellant's application under section 64 would, obviously, be ..... under article 133 of the constitution and he relied for this purpose, on the decision of this court, reported in farbenfebriken bayer-aktiengesellschaft v. joint controller of patents & designs. : air1963cal433 and hanskumar kishan chand v. union of india, : 1scr1177 . it was mr. basak'u submission that in the instant ..... against which the intended appeal to the supreme court is sought to be taken, and from the related judgment of the learned joint controller of patents that the appellant's application under section 64 of the above act was dismissed primarily on the ground that it was barred under sub-section ..... has been under article 133(1) of the constitution of india,2. the facts, leading to this litigation, may be shortly stated as follows: the patent in question was granted on 13th december, 1951. necessary entry was made in the relevant register, but thereafter, on 3rd may, 1957, in a proceeding .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-10-1970
Reported in : AIR1970SC564; 40CompCas325(SC); (1970)1SCC248; 3SCR530
..... commercial in character. entry 45 'banking'; entry 46 'bills of exchange, cheques, promissory notes and other like instruments; entry 47 'insurance'; entry 48 'stock exchanges and future markets'; entry 49 'patents, inventions and designs'. there are several entries relating to activities commercial as well as non-commercial in list ii--entry 21 'fisheries'. entry 24 'industries . . . .'; entry 25 'gas and gas ..... or tenements, goods or chattels which does not depend on another's courtesy: it includes ownership, estates and interests in corporeal things, and also rights such as trade-marks, copyrights, patents and even rights in personal capable of transfer or transmission, such as debts; and signifies a beneficial right to or a thing considered as having a money value, especially with ..... have one feature in common, namely, that if compensation is illusory the court will be able to go into it. by the word 'illusory' is meant something which is obvious, patent and shocking. if for a property worth rs. 1 lakh compensation is fixed at rs. 100 that would be illusory. one need not be astute to find out as to .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-19-1970
Reported in : AIR1970P& H522
..... reputation of a business and where the product of the business more than its proprietor have won widespread popularity and universal approval and except in the case of well-known patents and manufacturing processes in which event the personal and objective reputations predominate, it is the local reputation or the attribute of locality which forms the largest content of goodwill in ..... lal appellant was the owner after the 31st march 1959.' as stated, il is the appellant in each appeal who has come in appeal under clause 10 of the letters patent from the judgment and decree of the learned single judge dismissing his suit. 3. it is clear from what has already been staled that the facts are not in dispute ..... mehar singh, c.j. 1. this will dispose of two appeals nos. 273 and 274 of 1964, under clause 10 of the letters patent, the first by nagin chand and the second by ramesh chand to which the main opposite party is their third brother shadi lal respondent, from the judgment and decree, dated .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-27-1970
..... in the tribe, to be administered or sold by it for purely private purposes? i think not. for the purposes anticipated by the treaties and patents, the cherokee, choctaw, and chickasaw nations ceased to exist as general governmental entities in 1906. oklahoma became a state in 1907, and took ..... may 6, 1828, 7 stat. 311. the description in the treaty of new echota did not contain the "main channel" language later used in the patent; from the canadian, the southern boundary ran "down the arkansas to that point on the arkansas where the eastern choctaw boundary strikes said river. . ..... more damaging to the state's argument is the contemporaneous interpretation of the treaty language by the president as reflected in the specific language of the cherokee patent, "down the canadian river on its north bank to its junction with arkansas river; thence down the main channel of arkansas river. " [ footnote ..... point on the arkansas where the eastern choctaw boundary strikes said river. . . ." 7 stat. 480. (emphasis added.) moreover, they point to the patent issued them by president van buren in 1838, which described the southern boundary of their lands as follows: "down the canadian river on its north bank ..... 1830 between the united states and the choctaws and the treaty of new echota in 1835 between the united states and the cherokees) and patents issued thereunder, petitioner indian nations are held, contrary to the claims of the state of oklahoma and other respondents, to have received title .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-08-1970
..... footnote 5 ] the problem in those two cases and the present one concerns the saving clause in the leasing act, which, as noted, makes available for patent "valid claims existent on february 25, 1920, and thereafter maintained in compliance with the laws under which initiated." concededly, failure to maintain a claim made it ..... work for any year was without effect. whenever $500 worth of labor in the aggregate had been performed, other requirements aside, the owner became entitled to a patent, even though, in some years, annual assessment labor had been omitted." 280 u.s. at 280 u. s. 317 . the court further held that ..... . respondent oil shale corp. commenced this action in the district court, not to require the secretary to page 400 u. s. 51 issue a patent, but to expunge the rulings of the secretary canceling the claims and to enjoin him from enforcing them. all the cases were consolidated for trial in ..... notwithstanding. union oil co., 71 i.d. 169. [ footnote 3 ] these claimants then sought an order to compel the department to issue the patents. they argued that the land office was without authority to cancel the claims when it did, and that the secretary of the interior had nullified all ..... oil shale claims in colorado under the 1872 act, respondents brought this action in the district court to require the secretary of the interior to patent the claims or to expunge his rulings canceling the claims for lack of annual assessment work and to enjoin him from enforcing them. the district .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-02-1970
..... proceedings the northern pacific railway company acquired title to the railroad, the land grant, and all other property of the original corporation, and has since operated the road and obtained patents for millions of acres under the land grants." id. at 311 u. s. 328 . in addition, attorney general harmon, in 1897, advised the secretary of the interior that railway had ..... a right, as successor in interest of railroad, to patents on land grants made to railroad. 21 op.atty.gen. 486. the secretary of the interior thereafter treated railway as railroad's legal successor, and ..... patented large amounts of land to railway. when, in 1905, the then secretary of the interior asked then attorney general moody, later an associate justice of this court, about the right .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-20-1970
..... attack now in spite of the concessions below. i would vacate the judgments below and remand the case to the district court for a determination of the validity of the patent in issue. [ footnote 1 ] see white v. maryland, 373 u. s. 59 (1963); cf. mcconnell v. rhay, 393 u. s. 2 (1968); tehan v. shott, 382 u. s. 406 (1966 ..... assertion of invalidity by patent licensees, [ footnote 4 ] and thus earlier argument on the point would have been futile. finally, and most importantly, an overriding public interest would be served by allowing petitioner to challenge ..... of the issue. it is clear to me that all these criteria are met in this case. undoubtedly our decision in lear was a major change in the field of patent law. the court implicitly recognized this fact by overruling the estoppel holding in automatic radio. it is also clear that the trial court was satisfied that applicable law precluded the ..... research, inc., 339 u. s. 827 (1950), a doctrine that was the controlling law at all times in the proceedings below. petitioner now seeks to attack the validity of the patent, but respondents argue that, since the issue was never raised below, it cannot now be litigated. the failure to assert invalidity below cannot, in these circumstances, be deemed a waiver .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-21-1970
Reported in : AIR1971SC385; (1970)2SCC484; 1SCR863
..... advocates, vakils and attorneys at law and was to be empowered to remove or suspend them from practice on reasonable cause. the letters patents of other high court contained provisions. the legal practitioners act 1879 appears to have been the earliest indian statute on the subject. under s. 13 of this act the high ..... note the history of the legislation in india with regard to enquiries against members of the legal profession prior to the act of 1961. under clause 10 of the letters patent of the high court of calcutta of the year 1865 the high court was to have power to make rules for the qualification and admission of proper persons to be .....Tag this Judgment!
Court : Delhi
Decided on : Nov-09-1970
Reported in : ILR1970Delhi344
..... a hooked telescopic rod. the defendant disputed the validity of the patent on the grounds of prior publication, obviousness and lack of un-inventive merit. although no opinion was expressed by the court of appeal upon the general merits of the question ..... will be almost minimal.' (22) we are not impressed by this argument. firstly, the case before the court of appeal related to infringement of a patent. the plaintiff in that case was the owner of two patents relating to a vehicle anti-theft device which immobilised the vehicle by locking the steei-ing wheel and the foot-paddle together by means of .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Apr-14-1970
Reported in : 1971CriLJ158
..... up in revision before the learned sessions judge, udhampur, who dismissed the revision application holding that the petitioner bad married a second wife, that the respondent bad been at her patents house tot some years and that there was absolutely no legal evidence on the record to warrant the conclusion that, the respondent lived in adultery or that the child born .....Tag this Judgment!