Court : Allahabad
Decided on : May-16-1962
Reported in : AIR1964All27
Mithan Lal, J.1. This suit was originally filed in the Court of the District Judge Sultanpur under Section 29(1) of the Indian Patents and Designs Act (hereinafter called the Act). Since the defendants raised a counter claim for revocation of the patent, the suit along with the counter claim was transferred to this Court for decision.2. The plaintiff is a registered partnership firm dealing in utensils having its office at Durga Devi in Mirzapur City. Luxmi Dutt and Roop Chand are the two partners of the firm at present. One Mahabir Prasad Vishwakarma of Mirzapur obtained a patent No. 42514 of 1950 under the Act in respect of the process of manufacture of hollow wares, such as 'lotas', 'batwas', 'degchis', 'batlois' etc., under a registration certificate dated the 7th August 1958 issued by the Patent Office, Calcutta. Mahabir Prasad Vishwakarma was thus said to have an exclusive right to manufacture hollow wares of the former description by the patented process and he was said to have ...
Tag this Judgment!Court : Allahabad
Decided on : Feb-27-1962
Reported in : AIR1962All543
Dwivedi, J. 1. Chaman Lal Gupta the respondent, instituted suit No. 27 of 1949 for recovery of about Rs. 11,000/- from the appellant, his brother Daya Chand Jain, and Shambhu Lal and Sons, their joint family business, During the pendency of the suit Chaman Lal Gupta got an order of attachment before judgment of bungalow no. 1 B.P. Jain Road, of quarters No. 1 to 12 and 13 to 24, British Infantry Bazar, of No. 116, Cowshed, Royal Artillery Bazar and of No. 46, Royal Artillery Bazar. The suit was decreed for Rs. 11,646/-approximately on August 13, .1956. On April 4, 1957 Chaman Lal Gupta applied for execution of his decree by sale of the aforesaid attached proper- ties. It appears that Mainawati, a sister of the appellant and Payal Chand Jain, also held a money decree against them. In execution of her decrees she also applied for sale of the aforesaid properties, Thus at one and the same time two decree-holdeds, Chaman Lal Gupta and Mainawati, were proceeding against the aforesaid proper...
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