Court : Kolkata
Decided on : Jan-09-1986
Reported in : 1986(9)ECC381,1986LC141(Calcutta),1987(27)ELT614(Cal)
..... . being aggrieved by the judgment of g.n. roy, j., discharging the rule obtained by them, the appellant-company has preferred the instant appeal under clause 5 of the letters patent. the appellant-company between november, 1969 and april, 1971 had imported about seven consignments of 'crys-tex insoluble sulphur'. the customs authorities had purported to impose duty upon the said .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Dec-10-1986
Reported in : (1987)64CTR(J& K)148,185ITR475(J& K)
1. these three letters patent appeals are directed against the orders passed by the learned single judge of this court dated october 24, 1986.2. it appears that the petitioners before the learned single judge .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-01-1986
Reported in : (1987)1GLR362
..... respondent r.m. adalja in the seniority list of superintendents (now section officers). further promotions of the appellants in the aforesaid three appeals, being letters patent appeals nos. 77, 95 and 96 of 1979 shall be given on the basis of their re-fixed seniority as aforesaid; and they shall be ..... , he shall be placed above his immediate junior respondent r.m. adalja in the seniority list of senior assistants and assistants. appellant in said letters patent appeal no. 77 of 1979 shall be deemed to have been promoted to the cadre of superintendents from the date on which his immediate junior respondent ..... in 1964. they were then promoted to the posts of superintendents. it is, therefore, obvious that these appellants are junior to the appellants in letters patent appeals nos. 77, 95 and 96 of 1979 in the cadre of assistants. we agree with the reasoning and conclusions reached by the learned single ..... which we shall have to consider while examining the submissions of the petitioners.25. mr. b.r. shah, learned advocate for the appellants-petitioners in letters patent appeals nos. 95 of 1979 and 96 of 1973, has raised the following contentions which are also adopted by mr. n. j. mehta, learned ..... at an appropriate stage.14. in order to appreciate the contentions raised by the appellants, it is necessary to refer the facts in brief from letters patent appeal no. 95 of 1979 (in special civil application no. 1996 of 1974). in that petition shri v.m. mehta, the petitioner, was recruited .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-21-1986
..... commercial success, long-felt but unresolved needs, failure of others, etc., might be utilized to give light to the circumstances surrounding the origin of the subject matter sought to be patented. as indicia of obviousness or nonobviousness, these inquiries may have relevancy." this description of the obviousness inquiry makes it clear that whether or not the ultimate question of obviousness is ..... -18 (1966): "while the ultimate question of patent validity is one of law, . . . the 103 condition [that is, nonobviousness] . . . lends itself to several basic factual inquiries. under 103, the scope and content of the prior art are to ..... court. in particular, petitioner complains of the rejection of the district court's determination of what the prior art revealed and its findings that the differences identified between respondent's patents and the prior art were obvious. petitioner's claims are not insubstantial. as this court observed in graham v. john deere co., 383 u. s. 1 , 383 u. s. 17 ..... so as to yield the invention in question if such a combination would not have been obvious at the time of the invention. nonetheless, the judge found that respondent's patents were invalid for obviousness. the court of appeals for the federal circuit reversed. 774 f.2d 1082 (1985). the court disagreed with the district court's assessment of the prior .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-24-1986
Reported in : AIR1986Cal437
..... setting aside a dismissal of the suit for non-prosecution but that still it would amount to a 'judgment' within the meaning of clause 15. letters patent, then this interpretation would amount to nullifying the provisions of order 43 rule 1 which, in our opinion, cannot be allowed.74. apart from the ..... has been excluded by necessary implication and accordingly in our opinion the same cannot be treated as a 'judgment' within the meaning of clause 15, letters patent. as pointed out, clause 15 confers powers in addition to section 104 read with order 43 rule i, c.p.c., but clause 15 cannot ..... the importance of the expression 'judgment' within the meaning of clause of the letters patent was stressed. in this context, it was observed by the supreme court that to amount to 'judgment' it must be a formal adjudication which conclusively ..... characteristics of a final order and in any event by way of analogy it would amount to 'judgment' within the meaning of clause 15. letters patent. the next question was regarding the position of other orders passed by the trial judge which may not be covered by order 43 rule 1. accordingly ..... (supra) it was held that an order passed restoring a suit dismissed for want of prosecution is not a 'judgment' within the meaning of clause 15. letters patent. this was followed in the case of tulsiram bhagwandas v. sitaram srigopal, : air1959cal389 (supra). if that is still the good law, then clearly this appeal .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Apr-11-1986
Reported in : (1986)18ITD490(Delhi)
..... intention of the parties. this agreement provided that there was another company called montefibre, which has a successor to chatillon, another company, became the owner of know-how and patent rights for the design, erection, operation and production of acrylic fibre. the tecnimont had only the experience and capability for providing basic design and technical services in the matter ..... design, erection and operation of the plant for manufacturing acrylic fibre. 4. technimont agreed to grant the know-how and patent rights and to offer these services to j.k. synthetics. 5. the consideration for the use of know-how, basic design engineering and technical assistance was fixed at 623 ..... owing the know-how and patent rights had transferred the right to licence to another concern known as tecnimont. 3. tecnimont had the experience and capability for providing basic design and technical services for the ..... took a different view. the commissioner (appeals) analysed the agreement and found certain salient factors having bearing on the subject of allowability. he found : 1. know-how and patent rights for producing acrylic fibre from acrylonitrile monomer were owned by a concern known as montefibre of italy, which were successors to another concern known as chatillon. 2. montefibre while .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-10-1986
Reported in : (1986)56CTR(Cal)73,164ITR401(Cal)
..... down by the supreme court that there must be trading activity both outside and within the taxable territory. in the facts of this case, for the supply of inventions, patents, application for patents, secret knowledge and know-how, no trading activity had been or was required to be carried on by the assessee within the taxable territory. further, on a consideration ..... the revenue was dismissed. 31. in the instant case, the agreement, as noted earlier, also consists of two distinct parts. the first part consists of supply of inventions, patents, applications for patents, secret knowledge and know-how. such supply was to be made against a consideration of a lump sum to be paid in instalments. it has been found as a ..... grant to the company the exclusive leave and licence during the term of the agreement (and the non-exclusive leave and licence thereafter) to use within india all inventions, patents, applications for patents and secret knowledge and know-how (which secret knowledge and know-how includes the information disclosed in formulae, standards, processes and technical and other data) which atlas now ..... steel and heat resisting steel. atlas steel co. ltd. was carrying on the business of manufacture of such steel and in connection with such business owned and used inventions, patents, applications for patents and had both secret knowledge and know-how relating to the manufacture of such steel contained, inter alia, in formulae, standards, processes, technical and other data owned by .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-05-1986
Reported in : AIR1986SC1323a; (1986)2GLR1250; 1986(1)SCALE1133; 1986Supp(1)SCC20; 1SCR479; 1986(2)LC301(SC)
..... 706 and 1934 of 1981 are directed against the judgment of the division bench of the gujarat high court delivered on september 16-17, 1980, in letters patent appeal no. 61 of 1978 - ambalal manibhai patel v. the state of gujarat and anr. and connected writ petitions. these appeals are accordingly partly allowed ..... minor minerals was void as offending the prohibition contained in the proviso to section 15(3). (17) the judgment of the gujarat high court in letters patent appeal no. 61 of 1978 - ambalal manibhai patel v. the state of gujarat and anr., and connected writ petitions is wrong to the extent ..... the leased are at the rates respectively specified against them in column 2 of the said schedule. as mentioned earlier, the gujarat high court in letters patent appeal no. 61 of 1978 - ambalal manibhai patel v. the state of gujarat and anr. and other connected writ petitions held that the 1974 ..... writ petitions which challenged the 1979 notification. the said letters patent appeal and writ petitions were allowed by a division bench consisting of sheth and nanavati, jj. the division bench held that the conditions in a ..... by the 1976 notification. this writ petition was dismissed by a learned single judge of that high court on february 16, 1978. the letters patent appeal filed against the judgment and order of the learned single judge was heard by a division bench of that high court along with twenty-five .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-18-1986
Reported in : AIR1986Cal334
..... under clause 12 of the letters patent is revoked. the suit is stayed. after keeping a loco copy, the plaint shall be returned to the plaintiff for presenting the same in the ..... pvt. ltd. v.camco industries ltd. : air1984cal24 (supra) as the respondent has filed the above suit with leave under clause 12 of the letters patent in this court in breach of their agreement such leave should be revoked.18. for all the reasons mentioned above this application succeeds. hence, leave granted ..... observed that the impugned order of the learned judge granting leave under clause 12 of the letters patent should be set aside.10. in the case of ganpatrai agarwal v. fertiliser corporation of india, : air1984cal35 a clause in the contract between the ..... circumstance justifying the grant of leave under clause 12 of the letters patent. further, the arbitration agreement as contained in clause 4 appears to be vague.'the division bench in the facts and circumstances of the above case ..... their forum to the delhi high court, the learned judge, in our opinion, should not have granted leave under clause 12 of the letters patent enabling the respondent to file the application under section 20 of the arbitration act. it does not appear that there is any special reason or .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-11-1986
..... on the judiciary, 97th cong., 1st sess., 90 (1981) (testimony of james w. geriak); cihlar & goldstein, a dialogue about the potential issues in the patent jurisdiction of the court of appeals for the federal circuit, 10 apla q.j. 284 (1982); drabiak, jurisdiction of the new court of appeals for the federal ..... , see, e.g., arenas v. united states, 322 u. s. 419 (1944), and suits involving " the interests and rights of the indian in his allotment or patent after he has acquired it,'" scholder v. united states, 428 f.2d 1123, 1129 (ca9), cert. denied, 400 u.s. 942 (1970), quoting united states v ..... circuit, 73 ill.b.j. 218 (1984); newman, tails and dogs: patent and antitrust appeals in the court of appeals for the federal circuit, 10 apla q.j. 237 (1982) (all discussing the issue in the context of ..... since the "essential features," id. at 237 u. s. 481 , of healy's case involved allegations of patent infringement and a request for the relief characteristically provided by patent law, healy could invoke federal patent law jurisdiction despite the fact that the measure of damages was fixed by contract. respondent now invokes federal jurisdiction only ..... patent appeals that also raise antitrust claims). in particular, we express no opinion on the question whether, since 1295(a)(2) explicitly disclaims federal .....Tag this Judgment!