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

.....to such person, authority or institution to rectify the defects, if any, specified by the Council; (b) consider the scheme, having regard to the factors referred to in sub-section (7), and submit the scheme together with its recommendations thereon to the Central Government, (4) The Central Government may, after considering the scheme and the recommendations of the Council under sub - section (3) and after obtaining, where necessary, such other particulars as may be considered necessary by it from the person, authority or institution concerned, and having regard to the factors referred to in sub -section (7), either approve (with such conditions, if any, as it may consider necessary) or disapprove the scheme and any such approval shall be permission under sub -section (1) : Provided that no scheme shall be disapproved by the Central Government except after giving the person, authority or institution concerned granting recognised dental qualification a reasonable opportunity of being heard : Provided further that nothing in this sub-section shall prevent any person, authority or institution whose scheme has not been approved to submit a fresh scheme and the provisions of this.....

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

Title: Effect of Registration

State: Central

Year: 1999

.....conforming to the permitted use has applied the mark, where the purpose and effect of the use of the mark is to indicate, in accordance with the fact, that those services have been performed by the proprietor or a registered user of the mark; (d) the use of a trade mark by a person in relation to goods adapted to form part of, or to be accessory to, other goods or services in relation to which the trade mark has been used without infringement of the right given by registration under this Act or might for the time being be so used, if the use of the trade mark is reasonably necessary in order to indicate that the goods or services are so adapted, and neither the purpose nor the effect of the use of the trade mark is to indicate, otherwise than in accordance with the fact, a connection in the course of trade between any person and the goods or services, as the case may be; (e) the use of a registered trade mark, being one of two or more trade marks registered under this Act which are identical or nearly resemble each other, in exercise of the right to the use of that trade mark given by registration under this Act. (3) Where the goods bearing a registered trade mark are.....

Indian Contract Act, 1872 Chapter 4

Title: Of the Performance of Contracts

State: Central

Year: 1872

.....must be performed within a reasonable time. Explanation.The question "what is a reasonable time" is, in each particular case, a question of fact. Section 47 - Time and place for performance of promise, where time is specified and no application to be made When promise is to be performed on a certain day, and the promisor has undertaken to perform it without application by the promisee, the promisor may perform it at any time during the usual hours of business on such day and at the place at which the promise ought to be performed. Illustration A promises to deliver goods at B's warehouse on the first January. On that day A brings the goods to B's warehouse, but after the usual hour for closing it, and they are not received. A has not performed his promise. Section 48 - Application for performance on certain day to be at proper time and place When a promise is to be performed on a certain day, and the promisor has not undertaken to perform it without application by the promisee, it is the duty of the promisee to apply for performance at a proper place and within the usual hours of business. Explanation. The question "what is a proper time and place" is, in.....

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

.....with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person; (f) "Chairman" means the Chairman of the Appellate Board; (g) "collective mark" means a trade mark distinguishing the goods or services of members of an association of persons [not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932)] which is the proprietor of the mark from those of others; (h) "deceptively similar".--A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion; (i) "false trade description" means-- (I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or (II) any alteration of a trade description as regards the goods or.....

Consumer Protection Act, 1986 Complete Act

State: Central

Year: 1986

.....Forum established under clause (a) of section 9-; (i) "goods' means goods as defined in the Sale of Goods Act, 1930 (3 of 1930); 15(j) manufacturer" means a person who" (i) makes or manufactures any goods or parts thereof; or (ii) does not make or manufacture any goods but assembles parts thereof made or manufactured by others; or (iii) puts or causes to be put his own mark on any goods made or manufactured by any other manufacturer; 16[(jj) "member" includes the President and a member of the National Commission or a State Commission or a District Forum, as the case may be;] (k) "National Commission" means the National Consumer Disputes Redressal Commission established under clause (c) of section 9-; (l) "notification" means a notification published in the Official Gazette; (m) "person" includes,- (i) a firm whether registered or not; (ii) a Hindu undivided family; (iii) a co-operative society; (iv) every other association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860) or not; (n) "prescribed" means prescribed by rules made by the State Government or as the case may be, by the Central Government under this Act; 17(nn).....

Trade Marks Act, 1999 Complete Act

State: Central

Year: 1999

.....with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter 9 in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person; (f) "Chairman" means the Chairman of the Appellate Board; (g) "collective mark" means a trade mark distinguishing the goods or services of members of an association of persons (not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932)-which is the proprietor of the mark from those of others; (h) "deceptively similar". -A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion; (i) "false trade description" means - (I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or (II) any alteration of a trade description as regards the goods or services to which.....

The Punjab Apartment Ownership Act, 1995 Complete Act

State: Punjab

Year: 1995

.....the charge or encumbrance by making payment of the proportional amount attributable to his apartment. (5) On the payment, discharge or other satisfaction referred to in sub-section (4), the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall thereafter be free and clear of the charge or encumbrance so paid, discharged or satisfied: Provided that such part payment shall not prevent the person having a charge or encumbrance from proceeding to enforce the right, in relation to the amount still outstanding against any other apartments not so free of the charge or encumbrance. CHAPTER III CONVEYANCE DEED OF APARTMENT AND ITS REGISTRATION Conveyance deed of apartment. 14.(1) Whenever any allotment, sale or other transfer or an apartment is made by the promoter to the allottee, the promoter and the allottee shall, as the party in the first part and party in the second part respectively, within three months from the date of such allotment, sale or other transfer, execute a conveyance deed of apartment, containing the following particulars, namely,- (a) the name, address and other particulars of the allottee; (b) the.....

The Pondicherry Village and Commune Panchayats Act, 1973 Complete Act

State: Pondicherry

Year: 1973

.....hearing, nyaya panchayat to pass decree. 291. Contents of decree. 292. Decree may award interest or order payment by installments. 293. Satisfaction of decree to be recorded. 294. Execution of decree. 295. Appeal. Criminal jurisdiction. 296. Nyaya panchayat to take cognizance of and try certain offences. 297. Certain persons accused to theft not to be tried by the nyaya panchayat. 298. Compounding of offences. 299. Compensation to complainant, etc. 300. Compensation to accused for false or frivolous case. 301. Conviction by a nyaya panchayat not a previous conviction. 302. Inquiry by a nyaya panchayat under section 202, Code of Criminal Procedure, 1898. 303. Youthful offenders. 304. Order to maintain wives and children. Miscellaneous. 305. Res-judicta and pending suits and cases. 306. Institution of suits and cases. 307. Summons to be issued to the defendant or accused. 308. Disposal of suits and cases in absence of party concerned. 309. Issue of summons to witnesses. 310. Assistance of police to the nyaya panchayat. 311. Fresh hearing of pending suits, etc., if more than one-half of members vacate office. 312. Nyaya panchayat not.....