Back
Ernest Bruno Nier – Appellant
Versus
George Reinhart – Respondent
JUDGMENT
Costello, J. - These two patent appeals are concerned with two sets of proceedings which were tried and determined by Mr. Justice Ameer Ali more or less together. They were not formally consolidated, and indeed they could not have been, because the parties in the one were not exactly the same as the parties in the other. But the facts in issue and the points of law arising in each of them were, to a large extent, identical. Appeal No. 62 of 1937 arises out of Suit No. 2203 of 1935 and in it the Plaintiffs (as set out in the cause title) were: Ernest Bruno Nier, Ida Ella Adolph, Richard Woldemar Nier, Martha Helene Pross and Johannes Kurt Nier, forming a partnership firm constituted under the laws of the German Reich and trading under the name and style of Hermann Nier, having their principal office and place of business in Beirfeld (Saxonia) in Germany, and all residing in Beirfeld aforesaid. They sue by their constituted attorney in India, Hanns George Fischer of F. Racek & Co., carrying on business at Lohar Chawl, Lohar Street, in the city of Bombay and also at 111, Radhabazar Street, Calcutta and residing at 23, Ballygunge Circular Road in this city. The Defendants were
An interim injunction is not a 'judgment' under Clause 10 of the Letters Patent as it does not determine the merits of the case and is thus non-appealable.
Provisions of Code of Civil Procedure will apply to all matters on which special or local law is silent.
Point of law : Section 4 of the Code of Civil Procedure, as is evident from its plain reading, does not mean that the CPC does not apply to the proceedings under special or local laws but only indica....
An order refusing an interim injunction is not a judgment under the Letters Patent, hence no appeal lies from such an order.
An order passed by the Civil Court is amenable to scrutiny by the High Court only in exercise of jurisdiction under Article 227 of the Constitution of India, and no letters patent appeal would be mai....
The main legal point established is that the suit can be rejected under Order VII Rule 11 (d) of CPC if it appears to be barred by any law, as per the provisions of the Copyright Act, 1957.
(1) Letters Patent Appeal – Word ‘judgment’ has a concept of finality in a broader and not in a narrower sense--Where an order vitally affects a valuable right of defendants, it will be treated as a ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
