Bare Act Search Results

Trade Marks Act, 1999 (47 of 1999) Section 33

Title: Effect of Acquiescence

State: Central

Year: 1999

(1) Where the proprietor of an earlier trade mark has acquiesced for a continuous period of five years in the use of a registered trade mark, being aware of that use, he shall no longer be entitled on the basis of that earlier trade mark-- (a) to apply for a declaration that the registration of the later trade mark is invalid, or (b) to oppose the use of the later trade mark in relation to the goods or services in relation to which it has been so used, unless the registration of the later trade mark was not applied in good faith. (2) Where sub-section (1) applies, the proprietor of the later trade mark is not entitled to oppose the use of the earlier trade mark, or as the case may be, the exploitation of the earlier right, notwithstanding that the earlier trade mark may no longer be invoked against his later trade mark.

Dentists Act, 1948 Complete Act

State: Central

Year: 1948

.....effectively. The Bill seeks to achieve the above objects S.O.R. Gaz., of India. 1-6-72. Pt. II.S.2. Ext. P. 598. ACT 30 of 1993 : - The Dentists Act, 1948 was enacted with the object of regulating the profession of dentistry and for that purpose to constitute Dental Councils. 2. The experience of the working of the Act has brought to light certain inadequacies. One of the most noticeable inadequacies has been the mushrooming of the dental colleges without adequate academic and training facilities as laid down in the regulations of the Dental Council of India. At present, the law does not require any one to seek the prior permission of Dental Council of India before establishing a new dental college or for adding a new course of study or post- graduate course or for increasing the capacity of 'students in any existing college, taking advantage of these legal lacumae dental colleges were being established after obtaining the permission of the State Government and affiliation from the University concerned. After the students had put in two or three years of study, such colleges were approaching the Dental Council of India for recognition. The Dental Council of India is not in a.....

Trade Marks Act, 1999 (47 of 1999) Chapter 4

Title: Effect of Registration

State: Central

Year: 1999

..... Section 32 - Protection of registration on ground of distinctiveness in certain cases Where a trade mark is registered in breach of sub-section (1) of section 9, it shall not be declared invalid if, in consequence of the use which has been made of it, it has after registration and before commencement of any legal proceedings challenging the validity of such registration, acquired a distinctive character in relation to the goods or services for which it is registered. Section 33 - Effect of acquiescence (1) Where the proprietor of an earlier trade mark has acquiesced for a continuous period of five years in the use of a registered trade mark, being aware of that use, he shall no longer be entitled on the basis of that earlier trade mark-- (a) to apply for a declaration that the registration of the later trade mark is invalid, or (b) to oppose the use of the later trade mark in relation to the goods or services in relation to which it has been so used, unless the registration of the later trade mark was not applied in good faith. (2) Where sub-section (1) applies, the proprietor of the later trade mark is not entitled to oppose the use of the earlier trade.....

Indian Contract Act, 1872 Chapter 4

Title: Of the Performance of Contracts

State: Central

Year: 1872

.....A cannot claim the performance of B's promise, and must make compensation to B for the loss which B sustains by the non-performance of the contract. (b) A contracts with B to execute certain builder's work for a fixed price, B supplying the scaffolding and timber necessary for the work. B refuses to furnish any scaffolding or timber, and the work cannot be executed. A need not execute the work, and B is bound to make compensation to A for any loss caused to him by the non-performance of the contract. (c) A contracts with B to deliver to him, at a specified price, certain merchandise on board a ship which cannot arrive for a month, and B engages to pay for the merchandise within a week from the date of the contract. B does not pay within the week. A's promise to deliver need not be performed, and B must make compensation. (d) A promises B to sell him one hundred bales of merchandise, to be delivered next day, and B promises A to pay for them within a month. A does not deliver according to his promise. B's promise to pay need not be performed, and A must make compensation. Section 55 - Effect of failure to perform at a fixed time, in contract in which time is essential.....

Indian Contract Act, 1872 Section 39

Title: Effect of Refusal of Party to Perform Promise Wholly

State: Central

Year: 1872

When a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety, the promisee may put an end to the contract, unless he has signified, by words or conduct, his acquiescence in its continuance. Illustration (a) A, a singer, enters into a contract with B, the manager of a theatre, to sing at his theatre two nights in every week during the next two months, and B engages to pay her 100 rupees for each night's performance. On the sixth night A wilfully absents herself from the theatre. B is at liberty to put an end to the contract. (b) A, a singer, enters into a contract with B, the manager of a theatre, to sing at his theatre two nights in every week during the next two months, and B engages to pay her at the rate of 100 rupees for each night. On the sixth night A wilfully absents herself. With the assent of B, A sings on the seventh night. B has signified his acquiescence in the continuance of the contract, and cannot now put an end to it, but is entitled to compensation for the damage sustained by him through A's failure to sing on the sixth night.

Trade and Merchandise Marks Act, 1958 [Repealed] Repealing Act 1

Title: Trade Marks Act 1999

State: Central

Year: 1958

.....Parliament in the Fiftieth Year of the Republic of India as follows:-- CHAPTER 1. PRELIMINARY 1. Short title, extent and commencement (1) This Act may be called the Trade Marks Act, 1999. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. ______________________ 1. 15th September, 2003 vide S.O. 1048 (E), dated 15-9-2003, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 15th September, 2003. 2. Definitions and interpretation (1) In this Act, unless the context otherwisere quires,-- (a) "Appellate Board" means the Appellate Board established under section 83; (b) "assignment" means an assignment in writing by act of the parties concerned; (c) "associated trade marks" means trade marks deemed to be, or required to be, registered as associated trade marks under this Act; (d) "Bench" means a.....

Consumer Protection Act, 1986 Complete Act

State: Central

Year: 1986

.....of spurious goods or offering such goods for sale or adopting deceptive practices in the provision of services. (2) Any reference in this Act to any other Act or provision thereof which is not in force in any area to which this Act applies shall be construed to have a reference to the corresponding Act or provision thereof in force in such area. SECTION 03: ACT NOT IN DEROGATION OF ANY OTHER LAW The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. CHAPTER 02: CONSUMER PROTECTION COUNCILS SECTION 04: THE CENTRAL CONSUMER PROTECTION COUNCIL (1)24["The Central Government shall"] , by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the Central Consumer Protection Council (hereinafter referred to as the Central Council). (2) The Central Council shall consist of the following members, namely :- (a) the Minister in charge of22[consumer affairs] in the Central Government, who shall be its Chairman, and (b) such number of other official or non-official members representing such interests as may be prescribed .....

Trade Marks Act, 1999 Complete Act

State: Central

Year: 1999

TRADE MARKS ACT, 1999 TRADE MARKS ACT, 1999 47 of 1999 An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks. BE it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Trade Marks Act, 1999. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. SECTION 02: DEFINITIONS AND INTERPRETATION (1) In this Act, unless the context otherwise requires, - (a) "Appellate Board" means the Appellate Board established under section 83-; (b) "assignment" means an assignment in writing by act of the parties concerned; (c) "associated trade marks" means trade marks deemed to be, or.....

The Punjab Apartment Ownership Act, 1995 Complete Act

State: Punjab

Year: 1995

.....to the exclusion of the other apartments ; (r) "local authority" means a corporation constituted under section 4 of the Punjab Municipal Corporation Act, 1976 (Punjab Act No. 42 of 1976), a committee constituted under section 12 of the Punjab Municipal Act, 1911 (Punjab Act No. 3 of 1911) or any other authority notified by the State Government for the purposes of this Act ; (s) "majority" or "majority of apartment owners" means the apartment owners with fifty one per cent or more the votes in accordance with the percentage assigned in the conveyance deeds of apartments for voting purposes ; (t) "person", includes company, firm, co-operative society, joint family and an incorporated body of persons ; (u) "prescribed" means prescribed by rules made under this Act ; (v) "promoter" means the person who constructs or causes to be constructed a building consisting of apartments or who converts an existing building or a part thereof into apartments for the purpose of selling all or some of the apartments to other persons and includes his assigns and where the person who constructs or converts a building and the person who sells are different persons, the term includes both of them ; .....

The Pondicherry Village and Commune Panchayats Act, 1973 Complete Act

State: Pondicherry

Year: 1973

.....the body constituted for the administration of a commune panchayat under this Act; (7) "company" means any company is defined in the Companies Act, 1956 (Central Act 1 of 1956), and includes " (a) any foreign company within the meaning of section 591 of that Act: (b) any co-operative society registered or deemed to be registered under the law relating to co-operative societies for the time being in force; and (c) any body corporate, or any firm or association carrying on business in the Union territory whether incorporated or not and whether its principal place of business is situated in the said Union territory or not; (8) "Director" means a Director appointed under section 195 and also includes any officer authorized by the Government to exercise the powers and perform the duties of the Director; (9) "election authority" means such authority, not being president or vice-president or a member of the village panchayat or the chairman or vice-chairman or a member of the commune panchayat council as the Government may, by notification, appoint; (10) "executive authority" means, in the case of a village panchayat having an executive officer, the executive officer.....