Court : Kolkata
Reported in : (1914)ILR41Cal113
..... this, it is urged amounts to professional misconduct demonstrating his unfitness to continue on the rolls of this court. ..... 405 of 1909, calling on an attorney of this court to show cause why ho should not be struck off the roll of attorneys. .....
Tag this Judgment!Court : Kolkata
Reported in : 45Ind.Cas.113
..... cases, if they amount to infraction of that code, must be tried and punished by that code, as is mentioned in the 50th section of the letters patent: 'all persons brought for trial before the said high court of judicature at fort william in bengal, either in the exercise of its original jurisdiction or in the exercise of its jurisdiction as a court of appeal, reference or revision, under the ..... that was an action against one chase, the chancellor of oxford, for trespass, where the defendant pleaded in abatement that he was chancellor of oxford, and clerk of oxford, and that by letters patent the case oould only be tried in his own court. ..... 93 in which the master of the rolls in ireland adopted the language of lord hardwicke end went through the who e of the classes of contempts punishable by the court in its high prerogative power.73. mr. ..... letters patent, 1865, section 3c, is already before the court, and here if the offence does not come under the second exception, then it is plainly defamatory and consequently triable under the penal code la long wellesley's case ( .....
Tag this Judgment!Court : Kolkata
Reported in : (1878)ILR3Cal17
..... this was a suit for an injunction to restrain the defendants from infringing an invention of the plaintiff for the rolling of tea, leaf, the specification of which was filed, under the provisions of act xv of 1859, on the 6th november, 1865; and the plaintiff also prayed for an account of the profits made by the defendants, and for ..... we have then also to look at section 22 of the patent act xv of 1859, which enacts that an action may be maintained by an inventor against any person who, during the continuance of any exclusive privilege granted by this act, shall, without the license of the said inventor, make, ..... i was of opinion at first, that the plaintiff's contention was right; but upon consideration, and more particularly having regard to the repealed section of the indian copyright act xx of 1847, and to the patent act of 1859, i have come to a different conclusion.7. .....
Tag this Judgment!Court : Chennai
Reported in : (1895)5MLJ282
..... 370 on a letters patent appeal being pre-ferred the learned judges upheld the action of the sub-judge in, executing the decree, but on different grounds. mr. ..... . a lucid statement of the english practice in a foreclosure suit is given by the late master of the rolls in compbell v .....
Tag this Judgment!Court : Chennai
Reported in : (1896)ILR19Mad40
..... on a letters patent appeal being preferred, the learned judges upheld the action of the subordinate judge in executing the decree, but on different grounds. ..... . a lucid statement of the english practice in foreclosure suits is given by the late master of the rolls in campbell v .....
Tag this Judgment!Court : Chennai
Reported in : (1901)11MLJ91
..... that in my view this court has no jurisdiction to entertain this suit as against the 1st defendant, i think we have jurisdiction under section 220 of the code of civil procedure and article 21 of the letters patent to order that the costs of the plaintiff be in this court and in the court below should be paid out of the estate, and, in the special circumstances of this case, especially having regard to the ..... the learned judge dismissed the suit as against the 1st and 3rd defendants on the ground that under section 12 of letters patent this court has no jurisdiction over those defendants, they not being residents of madras and the whole cause of action not having arisen in madras, and as against defendants 2 and 4, who are ..... faridkot case is to be regarded as concluding the question of jurisdiction in the present case, it follows that, in construing article 12 of the letters patent, the words 'the defendant being a british subject' must be read into the article after the words 'in all other cases'. ..... the question therefore is--is there an authority by special local legislation (in the present case article 12 of the letters patent) by virtue of which a decree against a foreigner when the cause of action has arisen within the local limits is not a 'mere nullity' in the country of the forum ..... matters which go to make up the cause of action must have arisen within that area ; and the plaintiff's counsel was wrong in suggesting that where the late master of the rolls said in jackson v. .....
Tag this Judgment!Court : Chennai
Reported in : (1902)ILR25Mad406
..... i think the order is a 'judgment' within the meaning of article 15 of the letters patent and that the preliminary objection should be overruled.3. ..... ' the decision of the master of rolls in 'wood v. .....
Tag this Judgment!Court : Chennai
Reported in : (1902)12MLJ282
..... i think the order is a 'judgment' within the meaning of article 15 of the letters patent and that the preliminary objection should be overruled.3. ..... the decision of the master of rolls in wood v. .....
Tag this Judgment!Court : Chennai
Reported in : (1902)ILR25Mad457
..... . similarly the privilege of the crown to use an invention without compensation to the patentee, notwithstanding the grant of a patent for the exclusive right to the use of the invention and the implied exemption of the crown from payment of tolls, notwithstanding a grant, by itself, of a right to levy tolls, are referred to as prerogatives of the crown, though ..... there is internal evidence that there is no such limitation even in respect of the powers of the provincial legislatures, for section 43 contemplates provincial legislation, with the previous sanction of the governor-general, for regulating coins and patents or affecting the relations of government with foreign princes or states ..... . a reference to the judgment of the master of the rolls will show that the decision is based not only upon the general canon of interpretation, but also upon the positive conclusion he arrived at from the wording of the sections that the legislature intended not ..... exclusive privileges to inventors), passed by the legislative council of india, was disallowed by the court of directors on the advice of her majesty's law officers (vide preamble to act xv of 1859) that the exclusive privilege of the crown to grant patents for inventions was affected by the act ..... . 74, which the master of the rolls states as follows in ex parte postmaster-general l.r. 10 ch. ..... .' the master of the rolls after observing that that is the general rule and that the point came before the court of exchequer in attorney-general .....
Tag this Judgment!Court : Chennai
Reported in : (1902)12MLJ208
..... similarly the privilege of the crown to use an invention without compensation to the patentee, notwithstanding the grant of a patent for the exclusive right to the use of the invention and the implied exemption of the crown from payment of tolls, notwithstanding a grant, by itself, of a right to levy toll, are referred to as prerogatives of the crown, though ..... is internal evidence that there is no such limitation even in respect of the powers of the provincial legislatures, for section 43 contemplates provincial legislation, with the previous sanction of the governor-general, for regulating coins and patents or affecting the relations of government with foreign princes or states. ..... to inventors] passed by the legislative council of india was disallowed by the court of directors on the advice of her majesty's law officers (vide preamble to act xv of 1859) that the exclusive privilege of the crown to grant patents for inventions was affected by the act. ..... ' the master of the rolls after observing that that is the general rule and that the point came before the court of exchequer in attorney-general ..... 36, which confirmed a patent formerly granted by the crown for taking tolls in respect of a ..... 17 of the inventions and designs act, 1888, which is substantially a reproduction of section 27 of the english patents etc. ..... act, 1889, section 23; the patents etc. ..... a proviso that nothing in the act should extend to charge the king's ships-of-war with the duties granted by the, act or patent. .....
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