Court : Delhi
Decided on : Jan-16-2002
Reported in : 2002(25)PTC243(Del)
..... handle connecting part in the handling and moreover also a better access of the bristle rim to the inner surface of the tooth is made possible than normally. u.s. patent dated 1.10.1991 also describes 'resiliency flexible portion and a head carrying portion, the resiliently flexible portion conspiring atleast one transverse v shaped fold formed integrally with the remainder ..... the plaintiffs as 's' shaped folds being resilient lending flexibility between the head the handle. the s-shaped region serves the function of modifying flexibility to the connected portion. swiss patent granted in 1932, which document is placed on record, indicates that plaintiffs claim that the purpose and advantage of the design is that a certain flexibility of the whole tooth ..... of copyright from author in their favor. no deed of assignment has either been pleaded or produced by the plaintiffs. (ii)(d) copyright is not a monopolistic right, unlike a patent, trade mark or registered design. in paragraphs 13 and 15, the plaintiffs have admitted that designs of their moulds are confidential property and have never been published. the question, thereforee .....Tag this Judgment!
Court : Kerala
Decided on : Sep-10-2002
Reported in : 2003(1)KLT2
..... the party in sufferance is a respondent to the lis or proceedings cannot confer any further sanctity or authority and validity which it is shown and found to obviously and patently lack.'10. in the light of the above stated principles, as against ext. p6 the petitioner has got an effective remedy of collaterally attacking its validity as a defence in ..... new, and unstable, technical distinction between 'substantive' and 'procedural' invalidity ......... i can think of no rational ground for holding that a magistrate's court has jurisdiction to rule on the patent or substantive invalidity of subordinate legislation or an administrative act under it, but has no jurisdiction to rule on its latent or procedural invalidity, unless a statutory provision has that ..... of law within jurisdiction, that there was a single category of errors of law, all of which rendered a decision ultra vires. no distinction is to be drawn between a patent (or substantive) error of law or a latent (orprocedural) error of law. an ultra vires act or subordinate legislation is unlawful simpliciter and, if the presumption in favour of its .....Tag this Judgment!
Court : Gujarat
Decided on : May-10-2002
Reported in : (2003)4GLR256
..... a special provision to the exclusion of section 73 of the contract act is a matter of appreciation of facts in a case, and when the decision thereon is not patently absurd or wholly unreasonable, there is no scope for interference by courts dealing with a challenge to the award'.15. on the basis of the aforesaid facts and circumstances as ..... law to it to come to a conclusion one way or the other, is too involved a process and it cannot be stated that such an error is apparent or patent on the face of the award. whether under the context of the terms and conditions of a contract, a stipulation in the form and nature of cl. 14(ii) operates ..... in a.i.r. 2001 sc 2933, wherein it is held that `unless the error of law sought to be pointed out by the petitioners in the instant case is patent on the face of the award neither the high court nor the supreme court can interfere with the award. the exercise to be done by examining clause 14(ii) of .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-08-2002
Reported in : RLW2003(2)Raj744; 2002(4)WLN475
..... proper examination of the demand, it may come to the conclusion that the demands, being very stale, opposed to the provisions of the act, inconsistent with any agreement, perverse or patently frivolous and not meriting a reference. it is not obligatory on the part of the appropriate government to make a reference in each and every case as it has to ..... power to make a reference should he exercised under section 10(1) read with section 12(5) of the act. the (sic) observed as under :-'if the claim made is patently frivolous or is clearly belated, the appropriate government may refuse to make reference.'15. the constitution bench of the hon'ble supreme court, in k.p. krishan (supra) has held .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-11-2002
Reported in : AIR2003Raj245; RLW2003(3)Raj2066; 2002(5)WLC118; 2002(5)WLN238
..... article 227, the high court cannot interfere with the exercise of a discretionary power vested in the inferior court or tribunal, unless its finding or order is clearly perverse or patently unreasonable.19. it may be stated here that the learned dso nagaur (respondent no. 4) has wrongly applied the circular dtd. 5-12-75 (annex. 4) to the facts and ..... india16. it is well established that it is only when an order of a tribunal is violative of the fundamental basic principles of justice and fair play or where a patent or flagrant error in procedure or law has crept in or where the order passed results in manifest injustice, that a court can justifiably intervene under article 227 of the .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-18-2002
Reported in : (2002)77TTJ(NULL)169
..... case and he being not the owner of the entire property, the finding given by the learned assessing officer on the basis of presumption, without establishing the benamidari is, therefore, patently wrong and, therefore, has to be quashed which the learned commissioner (appeals) did not consider. therefore, it has been prayed that the hon'ble tribunal may decide and expunge this ..... the service of notice under section 148, dated 13-10-1992, was not valid as per the assessing officer himself, the proceeding initiated vide notice; dated 13-10-1992, was patently bad in law and the continuation thereof on those very reason by the revised notice could not be said to have been provided a proper, valid and lawful jurisdiction to ..... any investment, he has concealed the facts and has furnished inaccurate particulars. issue notice under section 148.sd/-(g. c. singhvi) '27. from the perusal of the above, it is patently clear that it is because of non-disclosure of any investment, the assessing officer held that the assessee has concealed the facts and furnished inaccurate particulars. further, this reason does .....Tag this Judgment!
Court : Rajasthan
Decided on : Apr-22-2002
Reported in : 2002(4)WLC624; 2002(3)WLN592
..... article 227, the high court cannot interfere with the exercise of a discretionary power vested in the inferior court or tribunal, unless its finding or order is clearly perverse or patently unreasonable.13. so far as present case is concerned, the findings of the board of revenue are based on correct appreciation of law and facts. from perusing the judgment of ..... the learned board of revenue, it does not appear that any flagrant violation of law has been made or there is patent irregularity or error of law apparent on the face of record or it cannot be said that the findings are perverse. therefore, all these factors are lacking. in these circumstances .....Tag this Judgment!
Court : Guwahati
Decided on : Mar-05-2002
..... finding that the assistant labour commissioner, jorhat, had no function to direct a workman to be punctual in his duty and that therefore, the charge no. 3, was absurd being patently erroneous and the award having been vitiated thereby, it is liable to be interefered with. the evidence adduced before the learned court below, having conclusively established all the charges against ..... labour court in exercise of the powers under article 226 of the constitution of india, isbynow well settled. unless, the conclusions recorded by the labour court are ascertained to the patently bad and against the evidence of record or suffer from obvious errors of law, the same are not liable to be overturned. a writ court is not supposed to exercise .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-31-2002
Reported in : 2002(3)ALLMR824; 2002(4)BomCR163
..... ) though normally and ordinarilyshould not be exercised in a routinemanner, but there are no limitations andrestrictions on the reviewing authority toexercise its power to correct its findingsof facts which are patently erroneous andhave resulted in failure of justice.'9. in the present case, the review applicationhas been allowed by the additional collector on thefollowing grounds :(a) though the landlord had alleged ..... that itis reviewing a decision. to that extentit has to be cautious. the court would becompetent to interfere with an appellateorder provided, according to the reviewingauthority, manifest injustice hasoccasioned or patent error is made out.whether such an error has been made outhas again to be decided by the reviewingauthority itself.'8. in the case of mahendrabhai purushottam patelvs. vasant mahadeorao .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-16-2002
Reported in : 2003(2)BomCR434; (2003)1BOMLR266; 2003(1)MhLj703
..... respondents did not come to collect the same. under the aforesaid facts and circumstances, the impugned judgment of the learned district court cannot be sustained at all. the same is patently contrary to the provisions of law as pointed out hereinabove. the error is apparent on the face of the record as mentioned above. 24. for the aforesaid reasons, the civil ..... in not collecting the amount when the same was made available to them. in these circumstances, the learned addl. advocate general submitted that the learned district judge had committed a patent error of law in not construing the aforesaid provisions of land acquisition act i.e. sections 28 and 34 in the context of order xxi, rule 1 of the code .....Tag this Judgment!