Doctrinal - Judgment Search Results

Festo Corp. Vs. Shoketsu Kinzoku Kogyo Kabushiki Co.

Court: US Supreme Court

..... the patent secures thereby prompting wasteful litigation each time the court has considered the doctrine of equivalents it has acknowledged this uncertainty as the price of ensuring the ..... surrendered as a condition of receiving the patent prosecution history estoppel ensures that the doctrine of equivalents remains tied to its underlying purpose where the original application once embraced .....

Bhawani Singh Vs. State and ors.

Court: Rajasthan

Reported in: RLW2003(3)Raj1755; 2002(5)WLN269

..... ad initio ii consideration of contention regarding repugnancy and entrenchment on occupied field a doctrine of pith and substance and occupied filed 92 the principal question is integrally connected ..... incidental encroachments will also be void 104 this also explains the difference between doctrine of repugnancy and doctrine of occupancy an encroachment on the other field which is occupied by .....

Verizon Md. Inc. Vs. Public Serv. Comm'n of Md.

Court: US Supreme Court

..... participating in the regulatory regime established by the act in determining whether the ex parte young doctrine avoids an eleventh amendment bar to suit a court need only conduct a straightforward ..... neither says nor fairly implies 3 3 the commission also suggests that the rooker feldman doctrine precludes a federal district court from exercising jurisdiction over verizon s claim see district .....

National Railroad Passenger Corporation Vs. Morgan

Court: US Supreme Court

..... prelimitations conduct was sufficiently related to the postlimitations conduct to invoke the continuing violation doctrine for all three therefore i n light of the relatedness of the incidents the ..... term practice therefore provides a statutory basis for the ninth circuit s continuing violation doctrine 6 this argu 1997 quoting pioneer investment services co v brunswick associates ltd partnership .....

Commr. of C. Ex., New Delhi Vs. L.M.L. Ltd. (Scooter Division)

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2002)(82)ECC734

..... is seen that even though the issue before the court related to the application of doctrine of merger in relation to orders passed in petition for special leave petition under article 136 of ..... the constitution there is a discussion of the doctrine with reference to number of earlier decisions of the supreme court conclusions which are relevant .....

Maharishi Mahesh Yogi Vedic Vishwavidyalaya and ors. Vs. State of M.P. ...

Court: Madhya Pradesh

Reported in: AIR2002MP196; 2002(2)MPHT353

..... vice of unconstitutionality or some can be saved by adopting the doctrine of severability 59 before we proceed to delineate the legal contours ..... fides or malafides on the part of the legislature the whole doctrine resolves itself into the question of competency of a particular ..... have a role to play we are inclined to apply the doctrine of severability in this regard inasmuch as the concept of .....

Purshottam and ors. Vs. Bhagwat Sharan and ors.

Court: Madhya Pradesh

Reported in: AIR2003MP128

..... case what the learned counsel for the appellants seeks under the doctrine of election is that because bhagwat sharan and his brothers have ..... of partition moreover this is also a settled law that this doctrine of election is not applicable when the bequest was invalid for ..... bhagwat sharan and his brothers were put to election under the doctrine of election and had already elected to take the benefit .....

Smt. A. Santhi Kumari, I.A.S., Secretary, A.P. Social Welfare Resident ...

Court: Andhra Pradesh

Reported in: 2003(2)ALD460; 2002(6)ALT326; 2003CriLJ1596

..... dattatraya bapat 1970 1scr322 the supreme court has emphasised three pre conditions attracting applicability of doctrine of merger they are i the jurisdiction exercised should be appellate or revisional jurisdiction ..... passed thereafter would be an appellate order and would undoubtedly attract the applicability of doctrine of merger the fact whether the order passed by the appellate court is one .....

Government of Tamil Nadu and ors. Vs. Ponni Sugars and Chemicals Ltd. ...

Court: Chennai

Reported in: [2003]129STC30(Mad)

..... there is preponderance of judicial opinion that to invoke the doctrine of promissory estoppel clear sound and positive foundation must be ..... government would not be sufficient to press into aid the doctrine the courts are bound to consider all aspects including the ..... good at large because while considering the applicability of the doctrine the courts have to do equity and the fundamental principles .....

The Government of Tamil Nadu Vs. Tvl. Ponni Sugars and Chemicals

Court: Chennai

..... there is preponderance of judicial opinion that to invoke the doctrine of promissory estoppel clear sound and positive foundation must be ..... government would not be sufficient to press into aid the doctrine the courts are bound to consider all aspects including the ..... good at large because while considering the applicability of the doctrine the courts have to do equity and the fundamental principles .....