Court : Punjab and Haryana
Decided on : May-24-1948
Reported in : AIR1949P& H165
Achhru Ram, J.1. This is a Letters Patent Appeal from the judgment of a learned Single Judge of the High Court of Lahore, affirming, on appeal, the decision of a Subordinate Judge of Delhi refusing to stay the suit brought by respondent 1 against the appellants and respondent 2 for a declaration to the effect that the agreement dated 14th July 1942, executed between respondent 1 and the appellants was invalid and unenforceable on grounds of fraud and misrepresentation, and for cancellation of the aforesaid agreement as well as for recovery of a sum Of Rs. 2,50,000.2. The facts giving rise to this appeal may be briefly stated as follows: The Board of trustees of the Hindu College, Delhi, wanted to construct a hostel for the College on the land allotted to the said College by the University of Delhi in what is called 'the University Town.' On 3rd May 1940, they requisitioned the services of Messrs. Master Sathe and Bhuta, a firm of architects, carrying on business in New Delhi, for prepa...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-08-1948
United States v. Line Material Co. - 333 U.S. 287 (1948) U.S. Supreme Court United States v. Line Material Co., 333 U.S. 287 (1948) United States v. Line Material Co. No. 8 Argued April 29, 1947 Reargued November 12-13, 1947 Decided March 8, 1948 333 U.S. 287 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF WISCONSIN Syllabus 1. Arrangements between two patentees for cross-licensing of their interdependent product patents, and for licensing exclusively by one of them of other manufacturers to make and vend under both patents, which arrangements, together with those entered into separately with other licensees, were intended to and did control the prices at which products embodying both patents were sold in interstate commerce by the patentees and all licensees, held violative of 1 of the Sherman Act. Pp. 333 U. S. html#288">333 U. S. 288-299, 305-315. (a) United States v. General Electric Co., 272 U. S. 476 , distinguished. Pp. 333 ...
Tag this Judgment!Court : Allahabad
Decided on : Dec-23-1948
Reported in : AIR1949All367
Malik, C.J.1. I have had the benefit of reading the judgment of my brothers Seth and Bhargava and after the full discussion of the question by them it is not necessary for me to say much. I have already indicated my views in my referring order. I agree with my brother Bhargava that a decree-holder can file an application for execution either in person or through a recognised agent or through a duly appointed pleader. My brother Seth has set out the various steps that have to be taken in the preparation of and in filing a plaint or a memorandum of appeal or an application. As he has pointed out, some of these steps require personal skill or care or exercise judgment, while others are purely ministerial acts and do not need such skill or care. Before the document is brought before the Court the various steps taken amount to preparation, the penultimate step which gives the document, in other respects complete, its legal character, is putting it before the Court in accordance with the rul...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-08-1948
United States v. United States Gypsum Co. - 333 U.S. 364 (1948) U.S. Supreme Court United States v. United States Gypsum Co., 333 U.S. 364 (1948) United States v. United States Gypsum Co. No. 13 Argued November 14-15, 1947 Decided March 8, 1948 333 U.S. 364 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA Syllabus A complaint in a suit by the United States to restrain alleged violations of the Sherman Act charged that the defendants had violated 1 and 2 of the Act by a conspiracy to restrain and monopolize interstate trade in gypsum products. It alleged that the defendants acted in concert in entering into patent licensing agreements; that one of the defendants, dominant in the industry, granted patent licenses and the other defendants accepted licenses with the knowledge that all other concerns in the industry would accept similar licenses and that, as a result of such concert of action, competition was eliminated by fixing the price of pat...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-26-1948
United States v. Scophony Corp. - 333 U.S. 795 (1948) U.S. Supreme Court United States v. Scophony Corp., 333 U.S. 795 (1948) United States v. Scophony Corporation of America No. 41 Argued January 12-13, 1948 Decided April 26, 1948 333 U.S. 795 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus A British corporation with its principal place of business in London engaged in the Southern District of New York in various but continuing efforts to conserve and exploit its television inventions and patents. This was done through a series of complex contractual arrangements made with certain American corporations, and involved the British company's constant intervention and supervision. The company was represented in the New York district by two of its directors, one of whom held a comprehensive power of attorney to protect its interests in the United States. Held: the company was "transacting business" and was "found" in the South...
Tag this Judgment!Court : Mumbai
Decided on : Apr-06-1948
Reported in : AIR1949Bom42; (1948)50BOMLR450
M.C. Chagla, C.J.1. This is a suit filed by the plaintiff to eject his tenant. The defendant has pleaded the protection of the Rent Restriction Act. At the hearing; of the suit before Mr. Justice Desai attention was drawn to the relevant provisions. of Bombay Act LVII of 1947 under which all pending suits relating to recovery or fixing of rent or possession of premises to which that Act applied had to be transferred to and continued before the Court of Small Causes, Bombay. It was then contended both by the plaintiff and the defendant that Sections 28, 29 and 50 of that Act were ultra vires of the Provincial Legislature and were also repugnant to existing law and void and of no effect. Mr. Justice Desai directed that the plaint should be amended to make the necessary averments and that the Province of Bombay should be made a party to the suit. Consequently the plaint was amended and para, 2-A was added, containing the relevant averments and the Province of Bombay was made a party defen...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-05-1948
Commissioner v. Sunnen - 333 U.S. 591 (1948) U.S. Supreme Court Commissioner v. Sunnen, 333 U.S. 591 (1948) Commissioner of Internal Revenue v. Sunnen No. 227 Argued December 17, 1947 Decided April 5, 1948 333 U.S. 591 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. A taxpayer owned 89% of the stock of a manufacturing corporation and his wife owned 10%. The corporation was managed by five directors, including the taxpayer and his wife, elected annually by the stockholders. A vote of three directors was required to take binding action. In exchange for a specified royalty, the taxpayer gave the corporation nonexclusive licenses to manufacture and sell devices covered by certain patents which he owned. The licenses were cancellable by either party upon giving appropriate notice, specified no minimum royalties, and did not bind the corporation to manufacture and sell any particular number of the patented devices. The taxpayer assigned his interest ...
Tag this Judgment!Court : Chennai
Decided on : Mar-16-1948
Reported in : (1948)2MLJ47
Yahya Ali, J.1. This is an application under clause 17 of the Letters Patent of 1865 by A.S. Thiruvengada Mudaliar for being appointed guardian of the joint family property belonging inter alia, to his five minor sons and for sanction of the sale of that property as being beneficial to the interests of the minor sons. The petitioner as the father is the Karta of the family and he has besides the five minor sons two adult sons, and there are also his wife and an unmarried minor daughter who have rights of maintenance. The properties admittedly are ancestral immoveable properties consisting of lands in the villages of Sembiam and Paravallur measuring in the aggregate about 52 acres. Those villages were recently brought within the Municipal limits of Madras City and the lands therein have consequently risen in value. I shall deal with the facts bearing upon the beneficial nature of the proposed transaction at a later stage.2. The first question is whether this Court has jurisdiction to en...
Tag this Judgment!Court : US Supreme Court
Decided on : Nov-22-1948
United States v. Urbuteit - 335 U.S. 355 (1948) U.S. Supreme Court United States v. Urbuteit, 335 U.S. 355 (1948) United States v. Urbuteit No. 13 Argued October 13-14, 1948 Decided November 22, 1948 335 U.S. 355 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Certain machines bearing no labeling other than name and serial number were shipped in interstate commerce. Subsequently, but as a part of the same transaction, there were shipped to the same consignee certain leaflets containing allegedly false and misleading statements relative to the value of the machines in the diagnosis, prevention, treatment and cure of disease. These leaflets were used by the consignee in explaining the use of the machines to his patients and in selling some of them to patients. Held: the separate shipment of the machines and leaflets did not prevent the machines from being subject to condemnation under 304(a) of the Federal Food, Drug, and Cosmetic Act, 52 St...
Tag this Judgment!Court : Mumbai
Decided on : Jul-20-1948
Reported in : 1949CriLJ492
ORDER1. The applicant, Haridas Damaji Awade, is a final LL. B. student in the Univer-sity College of Law, Nagpur. He is an Activ& worker and one of the chief organizers of the Samata Sainik Dal.2. In exercise of the powers vested under Section 16, Criminal Law Amendment Act, 1908, the Provincial Government, by a notification dated 10th February 1948, declared the said Dal as an unlawful association. By another notification it specified in a schedule the places which are used for the purpose of. unlawful association. Nagpur district was one of the places so mentioned.3. After I&'said Dal was declared unlawful, the applicant was detained under an order of the District Magistrate, Nagpur, under Section 2(2), Central Provinces and Berar Public Safety Act 1947. The applicant is now detained under an order of detention passed by the Provincial Government on 9th March 1948 under Section 3(l)(a) of the Act. The detention is for a period of six months from 9th March 1948. The Provin-cial Govern...
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