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P.V. Hemalatha Vs. Kattamkandi Puthiya Maliackal Saheeda and anr.

Court : Supreme Court of India

Reported in : AIR2002SC2445; 2002(5)ALT19(SC); 2002(2)BLJR1626; [2002(3)JCR34(SC)]; JT2002(Suppl1)SC494; 2002(2)KLT792(SC); 2002(4)SCALE662; (2002)5SCC548; [2002]3SCR1098

..... court could be availed of in relation to the territory falling in malabar district of erstwhile madras state and now forming new state of kerala, came to the conclusion that clause 36 of madras letters patent of high court does not cover a situation as is obtaining in cases before them where the two judges differed on all issues of fact and law, have delivered two different judgments and not found necessary ..... that the expression 'other jurisdiction' used in section 52 preceded by such words 'original and appellate' is an expression of wide import and would, therefore, include clause 36 of letters patent of madras high court which governs subject matter of power and jurisdiction of one or more judges of that high court in the event of difference of opinion between them. ..... it is on such understanding of the procedural provisions contained in the code, travancore-cochin act, and the kerala act read with clause 36 of the letters patent of madras high court that the judges forming the division bench came to the conclusion that there is no other option before them except to confirm the decree of the subordinate court in accordance with sub ..... the two learned judges also considered the argument, which is now being advanced before us on behalf of the petitioner, that the letters patent of the high court of madras containing clause 36 could be invoked to resolve the difference of opinion between two judges both on questions of fact and law by referring the case for the opinion of one or more .....

Evans Vs. United States

Court : US Supreme Court

..... 1944) (adam of lung (1298)) (was convicted of extortion for accepting payment to spare a man from having to contribute to an official collection of a quantity of malt); 10 calendar of patent rolls, edward iii, a. d. ..... 449 (1909) (hugh de elmeshale (1356)) (coroner would not perform his "office without great ransoms and that he used to extort money from the people by false and feigned indictments"); calendar of patent rolls, edward ii, a. d. ..... , 36 lincoln record society, a lincolnshire assize roll for 1298, p. 74, no. .....

Camworth Technologies Limited Vs. Videx Wire Products (Pty) Ltd.

Court : South Africa Supreme Court of Appeal

..... -infringement', provides: '(1) a declaration that the use by any person of any process, or the making or use or offer to dispose or disposal or importation of any article by any person, does not or would not constitute an infringement of a patent, may be made by the commissioner in proceedings between that person and the patentee, notwithstanding that no assertion to the contrary has been made by the patentee, if it is proved (a)that such person has applied in writing to the patentee ..... louw j was alive to that distinction when he held: [22] the patent specification therefore requires that the base of the socket be deformed upwardly to shallow the recess while the vertical wall of the socket rolls evenly, because of its curved profile, outwardly to load the prop between the ..... [13] before turning to analyse integers (d) and (f), which it was common cause were essential integers of claim 1 of the patent, it may be convenient to first give a description of the videx pot and its operation, in order to delimit the areas of dispute between the ..... in contradistinction, the patent specification requires that the base of the socket is to deform upwardly (from the position as depicted in figure 2 to the position depicted in figure 3 of the patent specification) while the vertical wall of the socket, because of its curved profile, rolls evenly outwardly in the direction of the arrows in figure 3 to load the prop between the ..... rolling outwardly of the rim of the videx pot as in the patented .....

Shelby County Vs. Holder

Court : US Supreme Court

..... in 1990, dallas county, alabama, whose county seat is the city of selma, sought to purge its voter rolls of many black voters. ..... patently, a new approach was needed. ..... alternatively, certain local officials have defied and evaded court orders or have simply closed their registration offices to freeze the voting rolls. id. .....

Mahesh Chandra Gupta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT2009(9)SC199; 2009(9)SCALE206; (2009)8SCC273; 2009(3)SLJ385(SC); 2009(7)LC3083(SC)

..... we quote herein below the relevant paragraphs from the judgment in nihal chand (supra), which read as follows:.this court under its powers conferred on it by the letters patent is entitled to enrol advocates for practising in this court and courts subordinate to it, vide clause 7 which runs as follows:and we do hereby authorize and empower the said high court of judicature at allahabad to approve, admit ..... now or hereafter entered as an advocate or vakil on the roll of any high court under the letters patent constituting such court, or under section 41 of this act, or enrolled as a pleader in the chief court of the punjab under section 8 of this act, shall be entitled to practice in all the courts subordinate to the court on the roll of which he is entered----and any person so entered who ordinarily practices in the court on the roll of which he is entered or some court subordinate thereto shall ..... lays down that where on receipt of a complaint or otherwise a state bar council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. ..... section 30 provides that subject to the provisions of this act, every advocate whose name is entered in the common roll shall be entitled as of right to practise throughout the territories to which this act extends in all courts including the supreme court and before any tribunal or any other authority before whom such advocate is by or .....

Surendranagar Distt. Panchayat and anr. Vs. Gangaben Laljibhai and ors ...

Court : Supreme Court of India

Reported in : [2006(110)FLR548]; JT2006(6)SC64; (2006)IIILLJ320SC; 2006(6)SCALE408; (2006)9SCC132; 2007(1)SLJ63(SC)

..... thus in most cases, the workman (claimant) can only call upon the employer to produce before the court the nominal muster roll for the given period, the letter of appointment or termination, if any, the wage register, the attendance register etc. ..... the above judgments further lay down that mere non-production of muster rolls per se without any plea of suppression by the claimant workman will not be the ground for the tribunal to draw an adverse inference against the management. ..... appellants challenge correctness of the judgment rendered by a division bench of the gujarat high court dismissing the letters patent appeal filed by the appellants. ..... mere non-production of the muster roll for a particular period was not sufficient for the labour court to hold that the workman had worked for 240 days as claimed.6. ..... the writ petitions filed were dismissed and so was the letters patent appeal as indicated above. ..... the labour court noted that the details pertaining to attendance of the respondent have been produced, and zerox copies of the salary register and muster roll have also produced. .....

Punjab and Sind Bank and ors. Vs. Sakattar Singh

Court : Supreme Court of India

Reported in : [2001(88)FLR383]; (2001)ILLJ174SC; 2000(7)SCALE686; 2001(1)LC149(SC); (2001)1UPLBEC304

..... the high court, therefore, declared that the order striking out the name of the respondent from the rolls of the bank is a nullity due to the patent violation of the principles of natural justice and the appellants' order also suffered from many defects such as non-application of mind to the matter. ..... the appellants pleaded that the respondent had remained unauthorisedly absent for a period of 190 days and, therefore, made himself liable to be removed from the rolls of the bank in terms of para 17 of the bipartite settlement and para 522 of the sastri award. ..... orderrajendra babu, j.the respondent challenged the order of termination effected by means of striking out his name from the muster roll of the appellant-bank by a writ petition filed in the high court of punjab & haryana. .....

Dawson Chem. Co. Vs. Rohm and Haas Co.

Court : US Supreme Court

..... the court deemed immaterial the fact that "the unpatented refrigerant is one of the necessary elements of the patented product," for the patent holder had "no right to be free from competition in the sale of solid carbon dioxide" (dry ice) and "this limitation, inherent in the patent grant, is not dependent upon the peculiar function or character of the unpatented material or on the way in which it is ..... doctrine of contributory infringement where it was most needed, rich argued, it was essential to restrict pro tanto the judicially created doctrine of patent misuse: "i would like to recall that we are dealing with a problem which involves a conflict between two doctrines, contributory infringement and misuse ..... previous attempts to construe this statute have been guided by the principle that "we should not expand patent rights by overruling or modifying our prior cases construing the patent statutes, unless the argument for expansion of privilege is based on more than mere inference from ambiguous ..... the memorandum explained the rationale behind contributory infringement, and it gave as one example of its proper application the protection of a patent for use of a chemical: "[o]ne who supplies a hitherto unused chemical to the public for use in a new method is stealing the benefit of the discovery of the property of this chemical which made the ..... a suit by a manufacturer of a patented device for dispensing toilet paper against a supplier of paper rolls that fit the patented invention. .....

Creede and Cripple Creek Mining Co. Vs. Uinta Tunnel Co.

Court : US Supreme Court

..... been taken; that it in fact located its tunnel site prior to any discovery or marking on the ground of plaintiff's claim; that it was not called upon to adverse plaintiff's application for a patent, because no patent is ever issued for a tunnel, and it had not then discovered any veins within its tunnel; that plaintiff, with full knowledge of defendant's tunnel location, permitted the driving of the tunnel through its ..... pretended to have been made in and upon said pretended ocean wave and little mary lodes and lode mining claims, and by virtue of which the plaintiff claims the right to patent the same under the laws of the united states, was not made until long after the location of said uinta tunnel, and at the time said pretended locations were made said ..... cases, and shall pay to the receiver five dollars per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment roll shall be certified by the register to the commissioner of the general land office, and a patent shall issue thereon for the claim or such portion thereof as the applicant shall appear, from the decision of the court, to rightly possess. ..... portion of the claim, with the proper fees, and file the certificate and description by the surveyor general, whereupon the register shall certify the proceedings and judgment roll to the commissioner of the general land office, as in the preceding case, and patents shall issue to the several parties according to their respective rights. .....

Prof. Chandra Prakash Agarwal Vs. Chaturbuj Das Parikh and ors.

Court : Supreme Court of India

Reported in : AIR1970SC1061; 1970MhLJ934(SC); (1970)1SCC182; [1970]3SCR354

..... whose roll he is not entered--.section 41 of the act empowered a high court to make rules as to the qualifications and admission of proper persons to be 'advocates of the court' and subject to such rules to ..... now or hereafter entered as an advocate or vakil on the roll of any high court under the letters patent constituting such court, or under section 41 of this act, or enrolled as a pleader in the chief court of the punjab under section 8 of this act, shall be entitled to practice in all the courts subordinate to the court on the roll of which he is entered--and any person so entered who ordinarily practices in the court on the roll of which he is entered or some court subordinate thereto shall ..... , notwithstanding anything herein contained, be entitled, as such, to practice in any court in the territories to which this act extends other than a high court on whose roll he is not entered, or, with the permission of the court--in any high court on .....