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 ...
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