Court : US Supreme Court
Decided on : Apr-16-1980
..... secretary to contract with the state upon the state's proper application. this is permissive language, as compared with the obligatory statutory language requiring the secretary to issue a patent once he has contracted with the state and the state has satisfied the contractual and statutory conditions. furthermore, the secretary may act only with the approval of the president, ..... for summary judgment, idaho submitted that the carey act had been an immediately effective grant, or at least that the united states was firmly obligated to contract with and patent the statutory acreage to idaho when and if idaho satisfied the statutory preconditions. in the state's view, carey act applications took precedence over prior withdrawals. the secretary, therefore ..... of desert lands, authorizes the secretary of the interior, upon proper application, "to contract and agree, from time to time . . . binding the united states to donate, grant, and patent" such desert lands, not exceeding a specified acreage, as the state should cause to be irrigated, reclaimed, and occupied, provided, however, that the lands would be restored to the public ..... desert lands, "authorize[s] and empower[s]" the secretary of the interior (secretary), with the president's approval, upon proper application by a state to donate, grant, and patent such desert lands, not exceeding a specified acreage, as the state should cause to be irrigated, reclaimed, and occupied, provided however, that the lands may be restored to the public .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-15-1980
..... . 162a (investment of funds of tribe and individual allottee); 25 u.s.c. 318a, 323-325 (roads and rights-of-way); 25 u.s.c. 349, 372 (issuance of fee patents to allottees or heirs found to be capable of managing their affairs); 25 u.s.c. 406, 407 (sale of timber); 25 u.s.c. 413 (collection of administrative expenses ..... , 25 u.s.c. 407. the secretary was also authorized to consent to the sale of timber by the owner of any indian land "held under a trust or other patent containing restrictions on alienations." id. 8, as amended, 25 u.s.c. 406(a). the secretary page 445 u. s. 546 was directed to pay the proceeds of these sales ..... use and benefit of the indian to whom such allotment shall have been made . . . and that at the expiration of said period the united states will convey the same by patent to said indian . . . in fee, discharged of said trust and free of all charge or incumbrance whatsoever: provided, that the president of the united states may in any case in ..... the benefit of the allottees: "upon the approval of the allotments provided for in this act by the secretary of the interior, he shall cause patents to issue therefor in the name of the allottees, which patents shall be of the legal effect, and declare that the united states does and will hold the land thus allotted, for the period of twenty .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-03-1980
Reported in : 164ITR419(Cal)
..... or drafts, which might be useful to introduce licensed preparations and to promote their sale in india. it granted to the assessee full and sole right and licence under the patent listed in the agreement to make, use, exercise and vend the inventions specified therein in india and also a licence to use certain specified trade marks in the territory subject ..... production of products of a quality comparable to the quality of n. s. k.'s products. the trade secrets or technical know-how, inter alia, include the right of using patent rights and advice of plant layout and installation. the price for the sale of trade secrets by n. s. k. to the respondent company has been fixed at a total ..... the written consent of the swiss company, not to assign the benefit of the agreement or grant sub-licences on the patents and trade marks, and (c) upon termination of the agreement for any cause, to cease to use the patents and trade marks and to return to the swiss company all copies ofinformation, scientific data or material sent to it and .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-09-1980
Reported in : 129ITR352(Cal)
..... that capital gains are assessable in the case of transfer of goodwill, the indian act did not have in contemplation, when enacting section 12b, that self-created assets like copyright, patents and goodwill should be subjected to capital gains arising on their transfer. it is enough to say that, complex and difficult as this question is, we are not satisfied that ..... that capital gains are assessable in the case of transfer of goodwill, the indian act did not have in contemplation when enacting s. 12b that self-created assets like copyright, patents and goodwill should be subjected to capital gains arising on their transfer and hence capital gains on the transfer of a goodwill were not liable to be taxed under s .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-15-1980
..... government. later, parliament passed, and the king assented to, a statute implementing the act of settlement providing that a judge's salary would not be decreased "so long as the patents and commissions of them, or any of them respectively, shall page 449 u. s. 219 continue and remain in force." 1 geo. iii, ch. 23, iii (1760). these two statutes ..... justice of the supreme court); 28 u.s.c. 44(d) (circuit judges); 28 u.s.c. 173 (court of claims); 28 u.s.c. 213 (court of customs and patent appeals); 28 u.s.c. 252 (court of international trade (formerly customs court)) . [ footnote 3 ] these amounts exceeded the levels these salaries would have achieved had congress left in effect .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-19-1980
..... have been classified and opened to entry after notice to the permittee by the secretary of the interior, and the lands shall remain a part of the grazing district until patents are issued therefor, the homesteader to be, after his entry is allowed, entitled to the possession and use thereof: provided, that upon the application of any person qualified to make .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-17-1980
Reported in : AIR1981All287
..... with, yetif the expert body takes a view which noreasonable person could take them the courtcould and ought to interfere. as pointed outby lord denning in baldwin and francisltd. v. patents appeal tribunal, ((1959) 2 aller 433) even on technical matters a courtcan hear arguments of counsel and consulttext books, technical dictionaries, etc. or evenbe informed through assessors, and thecourt's ..... already started in pursuance of the admissions. we could on this ground have declined to interfere altogether but for the fact that the mistake pointed out by him is too patent and some admissions are still going on from the waiting list and the petitioner still stands a chance of securing admission. we, therefore, make it clear that the candidates who .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Oct-07-1980
Reported in : AIR1981MP123; 1981MPLJ202
..... . explanation-- the undertaking of coril referred to above shall be deemed to include all assets, rights, leases, tenancies, powers, authorities and privileges, trade marks, trade names, patent rights and licences for the use of patents and all property, movable and immovable, tangible or intangible (including cash and bank balances), reserve funds, book debts, outstandings, reserves, balances on revenue accounts, investments and all .....Tag this Judgment!
Court : Orissa
Decided on : Jul-08-1980
Reported in : 50(1980)CLT196; 46STC422(Orissa)
..... a grantor or lessor, on the working of the property leased, or otherwise on the profits of the grant or lease. the word is especially used in reference to mines, patents and copyrights.it, therefore, appears that royalties are payments which the government may demand for the appropriation of minerals, timber or other property belonging to the government.'the same view ..... lordships observed thus:'in wharton's law lexicon (fourteenth edition) the word 'royalty' has been explained as 'payment to a patentee by agreement on every article made according to his patent; or to an author by a publisher on every copy of his book sold ; or to the owner of minerals for the right of working the same on every ton .....Tag this Judgment!
Court : Delhi
Decided on : May-14-1980
Reported in : 18(1980)DLT454
..... to account for his share of royalty. the arrangement thus was, as noticed in werderman v. sociate generale delectricite (1881) xix gh. d. 246 at 253 that the owners of patent (in this case the copyright) would work it to the best advantage, to keep proper accounts and to. pay a share of profits to the owner. thus if no royalty ..... bankrupt owner or in the custodian under the legislation dealing with the enemy property. in noveilow and co. ltd. v. hinrichsen edition and another 1951 (2)ch.d. 457 the patents, designs, copyright and trade marks (emergency) act, 1939, permitted the controller to grant license in the copyright belonging to an enemy who is subject .to restrictions imposed under trading with ..... rajindar sachar, j.(1) this is letters patent appeal against the order of the learned single judge by which he dismissed the writ petition and held that the right to receive royalty vested in the custodian on the .....Tag this Judgment!