Court : Mumbai
Decided on : Apr-03-2002
Reported in : AIR2002Bom332; 2002(3)ALLMR364; 2002(4)BomCR533; 2002(3)MhLj507
..... has held that word 'judgment' in clause 15 of the letters patent, means a decision which affects the merits of the case between the parties by determining some right or liability. an order setting aside an abatement does not affect the merits ..... was not maintainable in law and the learned judge ought not to have granted the chamber summons. 8. mr. shah appearing for the respondents, however, contended that the present letters patent appeal is not maintainable as the order setting aside the abatement does not amount to a judgment within the meaning of clause 15 of the letters ..... patent. he relied upon the decision of the division bench of this court in maria flaviana almeida and ors. v. ramchandra santuram asavle and ors., : air1938bom408 . in that case the bench .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-18-2002
Reported in : 2003(3)BomCR96; [2003(97)FLR542]
..... the record or that the impugned order is clearly perverse. to put it in other words, the industrial court must ex facie show that the labour court has committed a patent error or that the order is perverse and industrial court has no jurisdiction to reappreciate the evidence. 24. in the facts and circumstances of this case, as clearly indicated hereinabove ..... act, 1971 and had overturned the judgment of the lower court in the light of the evidence on record. shri singh therefore contended that the labour court had committed a patent error while appreciating the evidence on record and thereof the industrial court had rightly interfered with the same. under these circumstances, the learned counsel for the respondent no. 1 contends ..... held that the high court could not have set aside any finding reached by the lower authorities where two views were possible and unless those findings were found to be patently bad and suffering from clear errors of law. shri singh therefore contended that from the material on record, the industrial court had rightly exercised its powers of superintendence under section ..... , 1971 is on the respondent no. 1 employer; and iv) the material on record clearly indicates that the impugned order passed by the industrial court dated 8-7-1997 is patently perverse. 8. with regard to the first submission regarding the scope of the industrial court's power to interfere in revision under section 44 of the act, 1971, shri naidu .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Nov-12-2002
Reported in : II(2003)ACC598; 2003(1)MPLJ571
..... dismissed by invoking powers under article 226 or article 227 of the constitution and the order of dismissal has been passed on merits. therefore, in our considered opinion this letters patent appeal is maintainable.9. now coming to the merits of the ease, the learned single judge has held that right of renewal of permit had accrued to the petitioner but ..... of the labour court, it in its decision in lokmat news papers (p) ltd. v. shankarprasad (supra), had stated that if a single judge exercises jurisdiction under article 226, letters patent appeal would be maintainable, but if the jurisdiction is exercised under article 227 it will not be maintainable. but with an explanation that if the single judge of the high ..... by the order dated 13.12.2001 of the learned single judge passed in writ petition no. 1755 of 2001 of this court the petitioner-appellant has filed this letters patent appeal praying for renewal of inter-state permit for the route of itarsi to nagpur under reciprocal agreement.2. the admitted facts of the case are that the petitioner was ..... the other hand, has supported the order of the learned single judge and raised a preliminary objection that no letters patent appeal lies against the order of the learned single judge.5. insofar as the non-maintainability of the letters patent appeal is concerned the learned counsel of the madhya pradesh state road transport corporation has heavily relied upon a division bench .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-17-2002
Reported in : AIR2003SC886; 2002(1)ALD(Cri)738; 95(2003)CLT708(SC); 2003CriLJ918; JT2002(10)SC377; (2003)2SCC501; SUPP5SCR332; 2003(1)LC259(SC)
..... proceeding cannot be equated with the original hearing of the case and the finality of the judgment delivered by the court will not be reconsidered except where glaring omission or patent mistake or like error hascrept in earlier.19. a judgment of the final court of the country is final, and a review of such judgment is an exception.20. in ..... or results in miscarriage of justice. a review of judgment in a case is a serious step and reluctant resort to it is proper only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility..... the stage of review is not a virgin ground but review of an earlier order which has the ..... cannot be equated with the original hearing of the case, and the finality of the judgment delivered by the court will not be reconsidered except 'where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility':sow chandra kante v. sk. habib 1975 (1) sc 674 54. article 137 empowers this court to review .....Tag this Judgment!
Court : Delhi
Decided on : Apr-10-2002
Reported in : 2002(25)PTC262(Del)
..... to as the said pfizer inc., obtained an order of the commerce court of the canton of zurich dated 15th december,1999, re trademarks and patents, court's records no.h.f.990007. i state that pursuant to mutual discussion between the said pfizer inc. and the defendant herein a settlement ..... the analytical report: 5(e) disintegration test and 5(g) assay and toxicity test have been specifically mentioned. iv. schedule-v lays down standards for patent and proprietary medicines (definition of ready to use medicine is that which is not specified in indian pharmacopoeia or any other prescribed pharmacopoeia sec-3(h) ..... the product of the plaintiff. this suffix 'gra' was commonly used in naming drugs. in support it was submitted that searches conducted at the us patent and trade mark office for trade marks containing the suffix gra clearly establishes that number of drugs on the like register use this suffix e.g. panagra ..... the question of transborder or spill-over of international reputation, notwithstanding the fact that india is not a signatory to the paris convention and the patents law has not so far been amended in india after signing of gatt. in november 1993 the delhi high court restrained two local companies by ..... objection of the defendants that the case of the plaintiff is limited to claim for passing off and is not a case of alleged infringment of patent, copyright, design or trade mark nor any pleadings to this effect in the plaint or in the application under order xxxix rule 1 and 2 .....Tag this Judgment!
Court : Delhi
Decided on : May-02-2002
Reported in : (2003)ILLJ457Del
..... modified the award of the tribunal and directed the employer to pay a sum of rs. 60,000/- to the employee in lieu of reinstatement and back wages. the letters patent appeal field by the employee against the order of the learned single judge did not find favor with us and the same was rejected by us. while dong so, we ..... that the impugned award did not suffer from any illegality. not being satisfied with the aforesaid order passed by the learned single judge, the appellant has filed the instant letters patent appeal.5. we have heard the learned counsel for the parties. the view of the labour court that the removal of the second respondent was vocative of the principles of ..... initio and inoperative. while doing so, the learned single judge directed the reinstatement of the workman with back wages. thereupon, the delhi transport corporation filed a letters patent appeal. the division bench in letters patent appeal did not disturb the finding of the learned single judge that the termination of services of the workman was contrary to section 25f of the industrial ..... anil dev singh, j.1. this letters patent appeal of the delhi transport corporation (for short 'thedtc') is directed against the order of learned single judge dated august 11, 2000whereby the writ petition field by it against the .....Tag this Judgment!
Court : Delhi
Decided on : Jul-24-2002
Reported in : 99(2002)DLT360; 2003(26)PTC199(Del)
manmohan sarin, j. 1. the petitioner by this writ petition seeks a writ of mandamus directing respondent no. 2 to accept the renewal fee of rs. 11,900/- submitted by the petitioner for renewal of patent in the category of individual. the question raised is short one. 2. petitioner has applied for renewal of patent. petitioner happens to be sole proprietor of the concern m/s zuko engineers. the respondents required the petitioner to pay the fee, which was applicable to legal entities other than individuals either alone or jointly. respondents took the stand that since the name of the patentee is zuko engineers, the fee has to be paid for legal entity other than individual. this stand is erroneous in as much as the name of a concern cannot be determinative or decisive of whether the concern is a proprietorship and is owned by individual or is a partnership firm. learned senior counsel mr. harish chandra very fairly states that in view of the affidavit filed by the petitioner that he is the sole proprietor of the concern and, there being no other evidence to show that the concern is not a sole proprietorship, the fee chargeable should have been that for an individual. let direction issue to respondents to charge the fee from the petitioner for renewal of a patent that is applicable to individual. the writ petition stands disposed of in the above terms.Tag this Judgment!
Court : Mumbai
Decided on : Jan-17-2002
Reported in : [2002(93)FLR370]; (2002)IILLJ323Bom
..... of hearing of the petition before the learned single judge, even if it is assumed that it is a pure question of law, and can be raised in the letters patent appeal, in our view, the order passed by the tribunal in disposing of the reference can be said to be award as defined in clause (b) of section 2 of ..... been committed by the tribunal in disposing of the reference, and, accordingly, the petition was rejected. against the said order, the union has approached this court by filing the letters patent appeal.3. we have heard the learned counsel for the parties. the learned counsel for the appellant raised several contentions. it was urged that the so-called award passed by ..... committed any error. we, therefore, find no ground to interfere with the award passed by the tribunal as well as the order passed by the learned single judge. the letters patent appeal deserves to be dismissed, and is, accordingly, dismissed. in the circumstances of the case, there will be no order as to costs. ..... 1. this letters patent appeal is filed by appellant-tata consulting engineers and associates staff union ('union' for short) against tata consulting engineers ('company' for short). being aggrieved by the award passed by the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-05-2002
Reported in : 2003(3)ALD319; 2003(3)ALT360
..... .8.1993 affirmed the judgment and decree granted by the trial court and accordingly dismissed both the appeal and cross-objections. aggrieved by the same the defendants preferred the letters patent appeal. 13. we have heard the learned counsel for the appellants as well as the learned counsel for the respondent. the learned counsel for the appellants sri p. v.r ..... , which was disallowed partly by the trial court, the plaintiff filed cross-objections. a learned single judge dismissed both the appeal as well as the cross-objections. hence the letters patent appeal by the defendants. 3. the parties shall be referred to, hereinafter, as the plaintiff and the defendants for the sake of convenience. 4. the case of the plaintiff as ..... rent as well as the amounts payable towards the repairs effected by the plaintiff. hence, we confirm the decree in favour of the plaintiff. 38. in the result, the letters patent appeal is dismissed. however, in the circumstances, there shall be no order as to costs. ..... g. rohini, j. 1. this letters patent appeal is preferred against the judgmentdated 24.8.1993 in a.s. no. 633 of 1982, whereunder the learned single judge affirmed the judgment and decree dated 22.3.1982 .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-17-2002
Reported in : (2003)ILLJ38Guj
..... consideration all the relevant materials and circumstances, facts and aspects is fully justified requiring no interference in exercise of powers under clause 15 of the letters patent. therefore one and only fate which this letters patent appeal deserves to be met with is dismissal at the admission stage. accordingly, it is dismissed with costs, which is quantified at rs. 3000/- 4. the ..... orderj.n. bhatt, j. 1. the challenge in this letters patent appeal by invocation of clause 15 of the letters patent act, is against the judgment and order dated february 23, 1998 rendered by the learned single judge in special civil application no. 3691 of 1997, whereby a challenge against the .....Tag this Judgment!