Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 section 150 security for costs Year: 1985 Page 9 of about 109 results (0.855 seconds)

Sohanlal Basant Kumar Vs. Umraomal Chopra

Court : Rajasthan

Reported in : 1985(1)WLN791

..... remain as partners of the plaintiff firm by retirement or otherwise. it is well settled that the expression 'person suing' occurring in sub-section (2) of section 69 of the act refers to all the partners of the plaintiff firm on the date of the institution of the suit and not merely to those partners ..... 12% per annum and he executed a promissory note and a receipt for the said amount in favour of the plaintiff firm, by way of collateral security for the repayment of the amount of rs. 11,000/-borrowed from the plaintiff-firm. as the defendant failed to make payment of the loan inspite of ..... suit was not maintainable for non compliance with the provisions of section 69(2) of the partnership act.47. in the result the, appeal fails and is dismissed but without any order as to costs. the learned district judge was also justified in not awarding costs to the defendant in the suit, because the decision of ..... india now the union of india : air1977cal57 , where in the decision of the mysore high court in m.a. hussain v. m/s. panchmal air 1970 mysore 299; relied upon by the learned single judge in this referring order was dissented from with the following observations:with respect, we are unable to agree with ..... of firms or a certified copy of the entry thereof.39. in m/s. shanker housing corporation v. smt. mohan and ors. : air1978delhi255 a bench of the delhi high court pointed out that the expression 'person suing' in section 69(2) of the act meant all persons who were partners of the firm at .....

Oregon Vs. Elstad

Court : US Supreme Court

..... id. at 26; see also id. at 33 (initial admissions are "capitalized upon by the interrogator in securing the eventual confession"). some of these "skillfully applied" techniques involve direct confrontation of the suspect with the earlier ..... not require that the statements and their fruits be discarded as inherently tainted. despite the fact that patently voluntary statements taken in violation of miranda must be excluded from the prosecution's case, the presumption ..... would cause the confession to be "irretrievably lost," and that such a result would come at an impermissibly "high cost to legitimate law enforcement activity." ante at 470 u. s. 312 . failure of government to obey the law ..... our constitutional scheme tolerates. see coleman v. alabama, 399 u. s. 1 , 399 u. s. 15 -16 (1970) (opinion of douglas, j.) ("in [russia] detention incommunicado is the common practice, and the period of permissible detention now ..... ask: would admitting evidence or permitting testimony obtained under these circumstances give the police a significant incentive to act illegally?" a new look at confessions: escobedo -- the second round 150, 156 (b. george ed.1967) (remarks of professor yale kamisar). see also dershowitz & ely, harris ..... even further. for example, expert interrogators acknowledge that confessions are " the prime source of other evidence. '" [ footnote 2/39 ] if the police, through illegal interrogation, could discover contraband and be confident that the contraband "ordinarily" would not be .....

Dowling Vs. United States

Court : US Supreme Court

..... holds no ordinary chattel. a copyright, like other intellectual property, comprises a series of carefully defined and carefully delimited interests to which the law affords correspondingly exact protections. "section 106 of the copyright act confers a bundle of exclusive rights page 473 u. s. 217 to the owner of the copyright," which include the rights "to publish, copy, and distribute the author ..... tapes containing the out-takes which found their way onto dowling's records neither authorized their release nor permitted access to them by unauthorized persons. app. 22-23, 34, 38-39, 42-43, 46. according to the government, the wrongfully obtained tapes which contained the musical material should be considered "the same" as the phonorecords onto which the sounds were ..... reason that congress always has had the bestowed authority to legislate directly in this area. article i, 8, cl. 8, of the constitution provides that congress shall have the power "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." by virtue of ..... infringement. 284; see, e.g., american safety table co. v. schreiber, 415 f.2d 373, 378-379 (ca2 1969), cert. denied, 396 u.s. 1038 (1970). see generally 2 p. rosenberg, patent law fundamentals 17.08 (2d ed.1985). the only criminal provision relating to patents is 18 u.s.c. 497, which proscribes the forgery, counterfeiting, or false alteration of letters .....

Dept. of Inc. Maintenance Vs. Heckler

Court : US Supreme Court

..... affirm. i in 1965, congress authorized the medicaid program by adding title xix to the social security act; [ footnote 9 ] the program was established "for the purpose of providing federal financial page 471 u. s. 529 assistance to states that choose to reimburse certain costs of medical treatment for needy persons." [ footnote 10 ] the program offers the financial assistance ..... ] sentence. . . . with respect to services furnished to individuals under age 65, the term 'intermediate care facility' shall not include, except as provided in subsection (d) of this section, any public institution or distinct part thereof for mental diseases or mental defects." [ footnote 15 ] it is a familiar principle of statutory construction that courts should give effect, if possible ..... treatment of inpatients . . . in an institution maintained primarily for treatment and care of patients with disorders other than . . . metal diseases. " 45 cfr 249.10(b)(1) (1970) (emphasis added); see also 249.10(b)(4)(i) (skilled nursing home services are "those items and services furnished by a skilled nursing home maintained primarily for the care and ..... of mental health, and dr. kenneth gaver, commissioner, ohio dept. of mental hygiene and corrections); social security amendments of 1970: hearings on h.r. 17550 before the senate committee on finance, 91st cong., 2d sess., pt. 2, pp. 500-550 (1970); social security amendments of 1967: hearings on h.r. 12080 before the senate committee on finance, 90th cong., 1st sess .....

Brockett Vs. Spokane Arcades, Inc.

Court : US Supreme Court

..... community standards, would find, when considered as a whole, appeals to the prurient interest; and" "(b) which explicitly depicts or describes patently offensive representations or descriptions of:" "(i) ultimate sexual acts, normal or perverted, actual or simulated; or" "(ii) masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the ..... "in which lewd publications constitute a principal part of the stock in trade." 7.48a.020(1), (3). subsection (2) of the "definitions" section of the statute provides that "lewd matter" is synonymous with "obscene matter," and defines these terms to mean any matter: "(a) which the average person ..... -2.60.900 (1983); wash. rule app. proc. 16.16. cf. bellotti v. baird, 428 u. s. 132 , 428 u. s. 150 -151 (1976). in my view, the state courts should have been afforded an opportunity to construe the washington moral nuisance law in the first instance. justice ..... 210, 113 f.2d 729, 736 (1940) (material is protected if "the erotic matter is not introduced to promote lust"); united states v. dennett, 39 f.2d 564, 569 (ca2 1930) (sex education pamphlet not obscene because tendency is to "rationalize and dignify [sex] emotions rather than to arouse lust ..... g., united states v. 35 mm. motion picture film entitled "language of love," 432 f.2d 705, 711-712 (ca2 1970); childs v. oregon, 431 f.2d 272, 275 (ca9 1970); flying eagle publications, inc. v. united states, 273 f.2d 799, 803 (ca1 1960). an obscenity statute that leaves the .....

Wallace Vs. Jaffree

Court : US Supreme Court

..... words proposed, saying "[h]e would not contend with gentlemen about the phraseology, his object was to secure the substance in such a manner as to satisfy the wishes of the honest part of the community." ..... the first amendment does not prohibit a state from establishing a religion. the court of appeals reversed. held: section 16-1-20.1 is a law respecting the establishment of religion, and thus violates the first amendment. pp ..... govern their application." walz v. tax comm'n, 397 u. s. 664 , 397 u. s. 694 (1970) (opinion of harlan, j.). it once appeared that the court had developed a workable standard by which to identify ..... forbade preference among religious sects or denominations. indeed, the first american dictionary defined the word "establishment" as "the act of establishing, founding, ratifying or ordaining," such as in "[t]he episcopal form of religion, so called, in ..... of each day in all public schools." 1981 ala. senate j. 14 (emphasis added). see also id. at 150, 307, 410, 535, 938, 967. [ footnote 4/2 ] the four days of trial to which the ..... of education, 330 u. s. 1 (1947) (holding that a township may reimburse parents for the cost of transporting their children to parochial schools). page 472 u. s. 65 the record before us, however, ..... among christian sects -- or even intolerance among "religions" -- to encompass intolerance of the disbeliever and the uncertain. [ footnote 39 ] page 472 u. s. 55 as justice jackson eloquently stated in west virginia board of education v. barnette, 319 .....

United States Vs. Locke

Court : US Supreme Court

..... affidavit of assessment work performed on the claim, or a detailed reporting form. 90 stat. 2743, 314(a), 43 u.s.c. 1744(a). section 314(c) of the act provides that failure to comply with either of these requirements "shall be deemed conclusively to constitute an abandonment of the mining claim . . . by ..... work must be done prior to december 31 of each year, i.e., on or before december 30." 2 american law of mining 7.23d, p. 150.2 (supp.1983) (emphasis in original); see also 23 rocky mountain mineral law institute 25 (1977) (same). if appellees, who were businessmen involved in ..... that the agency's interpretation is sufficiently reasonable as to be acceptable. see fec v. democratic senatorial campaign committee, 454 u. s. 27 , 454 u. s. 39 (1981). [ footnote 15 ] appellees suggest that texaco, inc. v. short, 454 u. s. 516 (1982), further requires that the restriction imposed be substantively reasonable ..... 's construction simply cannot be found "sufficiently unreasonable" as to be unacceptable. fec v. democratic senatorial campaign committee, 454 u. s. 27 , 454 u. s. 39 (1981). we cannot press statutory construction "to the point of disingenuous evasion" even to avoid a constitutional question. moore ice cream co. v. rose, 289 u. ..... analysis in hickel v. oil shale corp., 400 u. s. 48 (1970). in hickel, the court construed 30 u.s.c. 28, which reads: "on each claim located after the 10th day of may 1872, and until a patent has been issued therefor, not less than $100 worth of labor shall be .....

Garcia Vs. San Antonio Transit Auth.

Court : US Supreme Court

..... imposed by congress under the commerce clause. for example, the federal power act, the national labor relations act, the labor-management reporting and disclosure act, the occupational safety and health act, the employee retirement income security act, and the sherman act all contain express or implied exemptions for states and their subdivisions. [ footnote ..... have power . . . to regulate commerce with foreign nations, and among the several states, and with the indian tribes." art. i, 8, cl. 3. section 8 identifies a score of powers, listing the authority to lay taxes, borrow money on the credit of the united states, pay its debts, and ..... sats managed to meet its operating expenses and bond obligations for the first decade of its existence without federal or local financial aid. by 1970, however, its financial position had deteriorated to the point where federal subsidies were vital for its continued operation. sats' general manager that year ..... of state sovereignty when measuring congressional authority under the commerce clause. when we look for the states"'residuary and inviolable sovereignty," the federalist no. 39, p. 285 (b. wright ed.1961) (j. madison), in the shape of the constitutional scheme, rather than in predetermined notions of ..... officials, of course, must be intimately familiar with these services and sensitive to their quality as well as cost. such page 469 u. s. 579 officials also know that their constituents and the press respond to the adequacy, fair distribution, and .....

Park N' Fly Inc. Vs. Dollar Park and Fly, Inc.

Court : US Supreme Court

..... at best merely descriptive in the context of airport parking. [ footnote 2/3 ] section 2 of the lanham act page 469 u. s. 207 plainly prohibits the registration of such a mark unless the applicant proves to the commissioner of the patent and trademark office that the mark "has become distinctive of the applicant's goods in ..... ] the exercise of that broad power of judicial review should be informed by the legislative purposes that motivated the enactment of the lanham act. [ footnote 2/16 ] congress enacted the lanham act "to secure trade-mark owners in the goodwill which they have built up." [ footnote 2/17 ] but without a showing of secondary meaning, there ..... f.2d 995 (ca2 1979); carl zeiss stiftung v. v.e.b. carl zeiss, jena, 298 f.supp. 1309 (sdny 1969), modified, 433 f.2d 686 (ca2 1970), cert. denied, 403 u.s. 905 (1971); haviland & co. v. johann haviland china corp., 269 f.supp. 928, 955 (sdny 1967). several commentators have also written ..... to the exclusive use of the mark after the expiration of five years following registration. see an act to establish a register of trade marks, 38 & 39 vict., ch. 91, 3 (1875); an act to amend and consolidate the law relating to patents for inventions, registration of designs, and of trade marks, 46 & 47 vict., ch. 57, ..... the mark in that the pto searches its records and refuses registration to others of conflicting marks. apart from nominal fees, these costs are underwritten by public funds." in re robert l. mcginley, 660 f.2d 481, 486 (1981). .....

Thomas Vs. Union Carbide

Court : US Supreme Court

..... court to settle dispute with administrator over trade secrets); 29 u.s.c. 1401 (b)(2) (employee retirement income security act provision authorizing parties to arbitration to bring enforcement action in district court); union pacific r. co. v. price, 360 u ..... it believed "recognizing a limited proprietary interest" in data submitted to support pesticide registrations would provide an added incentive beyond statutory patent protection for research and development of new pesticides. h.r.rep. no. 95-663, pp. 17-18 (1977); s ..... "me too" or "follow-on" registrations. section 3(c)(1)(d) of the 1972 act provided statutory authority for the use of previously submitted data, as well as a scheme for sharing the costs of data generation. "in effect, the provision instituted ..... we now recognize an entitlement in certain forms of government assistance. goldberg v. kelly, 397 u. s. 254 (1970). and we have recently made clear that government is not free to dispose of individual claims of entitlement in any ..... 2d ed.1984) (concept described as page 473 u. s. 588 "revolutionary"); note, a literal interpretation of article iii ignores 150 years of article i court history: marathon oil pipeline co. v. northern pipeline construction co., 19 new england l.rev. ..... opinion) (contract claims at issue were matter of state law); crowell v. benson, supra, at 285 u. s. 39 -40 (replacing traditional admiralty negligence action with administrative scheme of strict liability). as a matter of state law, property rights .....