Court : Delhi
Decided on : Mar-25-1977
Reported in : AIR1978Delhi1; ILR1977Delhi412; 1977RLR440
Prakash Narain, J.(1) This first appeal is directed against the judgment of a learned single Judge of this Court, who declded the suit between the parties on the Original Side of the High Court. The appeal, preferred against the judgment of the learned single Judge delivered on December 15. 1972. was admitted on February 28, 1973. That appeal came up for hearing before a Bench of this Court (Coram : S. N. Andley. C. J. and Prakash Narain. J.). The Bench by its order of April 30, 1974 framed an additional issue and remanded the case back to the learned single Judge for a finding on the said issue and disposal of the suit thereafter. The second judg-ment in consequence of the remand order was delivered on January 27. 1975. The matter thereafter came up before us. (2) The plaintiff/appellant produces and markets a toy called a viewer. This viewer uses a 35 mm. medially cut positive film on which are printed one or more pictures viewed through a lens fitted in a viewer specially adapted fo...
Tag this Judgment!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 : Andhra Pradesh
Decided on : Jul-26-1977
Reported in : (1979)ILLJ448AP
Alladi Kuppuswami, J.1. The Tirumala Tirupati Devasthanam is the petitioner in each of these writ petitions (hereinafter referred to in this judgment as the Devasthanam). In these petitions the Devasthanam prayed for the issue of a writ of mandamus or any other writ or direction under Article 226 of the Constitution directing the 1st respondent and the 2nd respondent, viz., The Commissioner of Labour, Andhra Pradesh and the Registrar of Trade Unions, Andhra Pradesh, not to enforce the provisions of Trade Unions Act in respect of the 3rd respondent-union and to cancel the registration of the union under the Indian Trade Unions Act. In Writ Petition No. 840 of 1976 the 3rd respondent is the Tirumala Tirupati Devasthanam Water Supply and Power Workers Union and the 3rd respondent in Writ Petition No. 1866 of 1976 is the Tirumala Tirupati Devasthanam Employees Union. The Water Supply and Power Workers Union consists of the employees in the Water Supply and Electricity Department of the Dev...
Tag this Judgment!Court : Delhi
Decided on : Dec-22-1977
Reported in : AIR1978Delhi146; 14(1978)DLT132
V.S. Deshpande, J.1. These two appeals against the order of a learned single Judge holding that the High Court of Delhi has jurisdiction to entertain the applications made by the respondents under S. 51-A of the Designs Act, 1911 (as amended) (hereinafter referred to as the Act), have been referred to the Full Bench for a fuller consideration of this important question of jurisdiction than it received in the order of the learned single Judge under appeal or in the judicial decisions relied upon and followed by the learned single Judge.2. The respondents in these two appeals each filed a petition under S. 51-A of the Act on the following averments supplemented by oral arguments:-A. Both the respondents and the appellant are carrying on the same trade at Delhi. B. The appellant has got two designs 131357 and 131364 registered in the Register of Designs maintained under Section 46 of the Act. C. These designs had, however, been published in India in respect of laces prior to the date of r...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-06-1977
Reported in : AIR1978AP97
1. The point that arises for determination is whether in view of S. 100A of the Civil P. C., a Letters Patent Appeal lies from the judgment of a single Judge of the High Court in a Civil Miscellaneous Appeal from an order of remand made by the lower appellate Court while disposing of an appeal.FACTS:2. The respondents filed the suit O. S. No. 122/66 before the District Munsif, Giddalur for partition of a bus with all its accessories into sixteen shares and for allotment of three such shares to them or to apply the provisions of the Partnership Act and for an account of all realisations made by the 1st defendant. Various issues were framed but the trial of the suit was confined to the issue as regards the maintainability of the suit. The trial court dismissed the suit holding that the suit is not maintainable as the alleged partnership was opposed to public policy and offends the provisions of the Motor Vehicles Act and S. 23 of the Contract Act.3. Aggrieved by that decision, the respon...
Tag this Judgment!Court : Mumbai
Decided on : Jul-05-1977
Reported in : [1980]124ITR488(Bom)
Kantawala, C.J.1. At the instance of the revenue the following question is referred to us for our determination : 'Whether, on the facts and in the circumstances of the case, the claim of the assessee for exemption under section 4(3)(i) of the Indian Income-tax Act, 1922, for the assessment years 1958-59 to 1961-62 and under section 11(1) of the Income-tax Act, 1961, for the assessment years 1962-63 and 1963-64 with reference to the income from a business carried on by the trust in which certain processes held under trust are exploited is proper ?' 2. The relevant previous years for the assessment years in question are calendar years 1957, 1958, 1959, 1960, 1961 and 1962. M. A. Chaudary had obtained certain patents in respects of certain inventions made by him. He also held 45 shares of Rs. 10 each in M/s. Millers Ltd. On July 12, 1955, M. A. Chaudary created a trust in respect of the shares, patents, inventions and designs and other properties referred to therein for the objects there...
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-22-1977
Whalen v. Roe - 429 U.S. 589 (1977) U.S. Supreme Court Whalen v. Roe, 429 U.S. 589 (1977) Whalen v. Roe No. 75-839 Argued October 13, 1976 Decided February 22, 1977 429 U.S. 589 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Responding to a concern that drugs were being diverted into unlawful channels, the New York Legislature, in 1972, enacted a statutory scheme to correct defects in the previous law. The 1972 statute classifies potentially harmful drugs and provides that prescriptions for the category embracing the most dangerous legitimate drugs (Schedule II) be prepared on an official form. One copy of the form, which requires identification of the prescribing physician, dispensing pharmacy, drug and dosage, and the patient's name, address, and age, must be filed with the State Health Department, where pertinent data are recorded on tapes for computer processing. All forms are retained for a five-year period under a system to...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-12-1977
Reported in : 1977WLN357
D.P. Gupta, J.1.This is an appeal against an order passed by a learned Single Judge of this Court on the wife's application under Section 24 of the Hindu Marriage Act (hereinafter called 'the Act).2. The respondent filed a petition for divorce before the District Judge Jodhpur in which a decree for divorce was passed on January 4, 1977. The appellant Smt. Priti Parihar filed an appeal in this Court against the aforesaid decree. Along with the appeal she also filed an application under Section 24 of the Act praying for grant of interim maintenance and expenses of the appeal. The learned Single Judge by his order dated 15-4-1977. directed the respondent to pay to the appellant a sum of Rs. 200/- per month by way of maintenance pendente lite and also awarded her a sum of Rs. 400/- by way of expenses of the appeal. This order has been challenged by the wife in this appeal.3. A preliminary objection has been raised in respect of the maintainability of the appeal and it, has been urged by th...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-28-1977
Zacchini v. Scripps-Howard Broadcasting Co. - 433 U.S. 562 (1977) U.S. Supreme Court Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562 (1977) Zacchini v. Scripps-Howard Broadcasting Co. No. 76-577 Argued April 25, 1977 Decided June 28, 1977 433 U.S. 562 CERTIORARI TO THE SUPREME COURT OF OHIO Syllabus Petitioner's 15-second "human cannonball" act, in which he is shot from a cannon into a net some 200 feet away, was, without his consent, videotaped in its entirety at a county fair in Ohio by a reporter for respondent broadcasting company and shown on a television news program later the same day. Petitioner then brought a damages action in state court against respondent, alleging an "unlawful appropriation" of his "professional property." The trial court's summary judgment for respondent was reversed by the Ohio Court of Appeals on the ground that the complaint stated a cause of action. The Ohio Supreme Court, while recognizing that petitioner had a cause of action und...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-28-1977
Reported in : 1977WLN(UC)137
M.L. Joshi, J.1. These two writ petitions challenge the validity of the levy as the octroi on the petroleum products by the Municipal Council Jodhpur sell from depot of the Indian Oil Corporation at Jodhpur, hereinafter called the respondent No. 2 to its retail outlets viz Dangiavas and Mogda. The petitions are based on almost identical facts and involve common questions of law and so they are being disposed of by a single judgment.2. As the facts and points involved in both the writ petitioner are almost similar it will be sufficient to narrate facts from writ petition NO. 17/76 Parekh Automobiles v. Municipal Council Jodhpur and Anr. as the decision in this case will govern the decision in the another writ petition also.3. The petitioner Parekh Automobiles Co., has a retail outlet for the sale of petroleum products at Dangiavas. The petitioner has been allotted retail outle by the respondent No. 2 for sale of petroleum products such as diesel oil, mobile oil etc. at Dingiavas which i...
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