Court : Kolkata
Decided on : Jul-04-1977
Reported in : AIR1978Cal77
Sabyasachi Mukharji, J.1. This is an appeal under Section 16 of the Patents Act, 1970. This appeal is out of an order passed on 7th Jan. 1977 under Section 88(3) of the Patents Act, 1970. In order to appreciate the contentions urged in this appeal, it is necessary to refer to certain facts. Patent No. 77950 was granted to the appellant Imperial Chemical Industries Ltd. in respect of an invention of a catalyst which, if used, in the steam reforming of hydrocarbons achieved results which were not, according to the appellant, possible before the invention. The said invention, as the patent certificate stated, related to the catalyst suitable for use in hydrocarbons steam reforming process. In respect of the said patent, the appellant had claimed:1. A catalyst composition for use in steam reforming of hydrocarbons in the form of discrete particles comprising between 3.0% and 80% by weight of nickel calculated as nickel oxide and from 97% to 20% by weight of refractory oxide material calcul...
Tag this Judgment!Court : Kolkata
Decided on : Jun-14-1977
Reported in : AIR1977Cal413,81CWN885
Salil Kumar Datta, J.1. This isan appeal from the judgment and order of P. B. Mukharji, J. (as his Lordship then was) dated May 24, 27 and 28, 1968 in an appeal under Section 109 of the Trade and Merchandise Marks Act 1958 (hereinafter referred to an the said Act). By that judgment the order of the Registrar of Trade Marks dated March 26, 1968 rejecting the application for registration of a trade mark filed by the Imperial Tobacco Company of India Ltd. in Part A of the Register or alternatively in Part B of the Register, was affirmed. The trade mark for registration is a label, used as wrapper of packets of cigarettes bearing the device of snow clad hills in outline with the word 'Simla' written prominently in various panels of the label with small inscription that the content is 'a product' of the applicant company. The application had been made for registration of the trade mark in class 34 in respect of manufactured tobacco. In course of hearing of this appeal, an application has be...
Tag this Judgment!Court : Kolkata
Decided on : Apr-25-1977
Reported in : AIR1977Cal455
Hazra, J. 1. This is a petition for an order that fa) leave be given to the petitioner to file the Memorandum of Appeal on his undertaking (i) to have the order dated Apr. 22, 1977 drawn up and completed within the period of limitation and to include the same in the Paper Book to be filed herein; (ii) to have a list of dates relevant for the purpose of limitation prepared and to have the same included in the paper Book to be filedherein; and (iii) to have the order to be made herein included in the Paper Book, (b) stay of operation of the order dated Apr. 22, 1977, (c) The respondent No.land/or his group, their servants, agents and/or assigns be restrained by an order of injunction from giving effect to or from acting under the order dated Apr. 22, 1977 in any way Or manner whatsoever and (d) ad interim order in terms of prayer (b) and (c). 2. We will record that on Fridav last, i. e., Apr. 22, 1977 after the order was passed by the learned Judge. Mr. B. K. Bachawat appeared before us ...
Tag this Judgment!Court : Kolkata
Decided on : Apr-22-1977
Reported in : AIR1977Cal428
Ramendra Mohan Datta, J.1. This appeal is from an order dated 25th June, 1976 passed by the Court below recalling the order of dismissal of the suit upon condition that the plaintiff would deposit a sum of Rs. 7,50,000 in cash with the Registrar of this Court and in default thereof, directing the plaintiff's application for restoration of the suit to stand dismissed for non-prosecution with no order as to costs.2. The operative part of the order reads as follows :--'It is ordered that upon the plaintiff depositing on or before the second day of July next the sum of Rupees Seven Lacs and fifty thousand in cash only with the Registrar of this Court the order of dismissal of suit dated the Eighth day of June instant be recalled and that this suit shall appear in the list on the fifth day of July next. And it is further ordered that the interim order of the appeal court shall continue till one week from the date hereof and that the parties herein be at liberty to mention before this Court ...
Tag this Judgment!