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Trade Marks Act, 1999 (47 of 1999) Section 133

Title: Preliminary Advice by the Registrar as Todistinctiveness

State: Central

Year: 1999

(1) The Registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a trade mark, give advice as to whether the trade mark appears to him prima facie to be distinctive. (2) If, on an application for the registration of a trade mark as to which the Registrar has given advice as aforesaid in the affirmative made within three months after the advice was given, the Registrar, after further investigation or consideration, gives notice to the applicant of objection on the ground that the trade mark is not distinctive, the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application.

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Semiconductor Integrated Circuits Layout-design Act, 2000 Section 78

Title: Preliminary Advice by the Registrar

State: Central

Year: 2000

(1) The Registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a layout-design, give advice as to whether the layout-design appears to him prima facie to be original. (2) If, on an application for the registration of a layout-design as to which the Registrar has given advice as aforesaid in the affirmative made within three months after the advice was given, the Registrar, after further investigation or consideration, gives notice, to the applicant of objection on the ground that the layout-design is not original, the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application.

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Trade and Merchandise Marks Act, 1958 [Repealed] Section 103

Title: Preliminary Advice by the Registrar as to Distinctiveness

State: Central

Year: 1958

(1) The Registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a trade mark in Part A or Part B of the register, give advice as to whether the trade mark appears to him prima facie to the inherently adapted to distinguish, or capable of distinguishing as the case may be. (2) If, on an application for the registration of a trade mark as to which the Registrar has given advice as aforesaid in the affirmative made within three months after the advice was given, the Registrar, after further investigation or consideration, gives notice, to the applicant of objection on the ground that the trade mark is not adapted to distinguish, or is not capable of distinguishing, as the case may be, the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have a repaid to him any fee paid on the filing of the application.

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Customs Act, 1962 Section 95

Title: Master of a Coastal Vessel to Carry an Advice Book

State: Central

Year: 1962

(1) The master of everyvessel carrying coastal goods shall be supplied by the Customs authorities witha book to be called the "advice book". (2) The proper officer ateach port of call by such vessel shall make such entries in the advice book ashe deems fit, relating to the goods loaded on the vessel at that port. (3) The master of every suchvessel shall carry the advice book on board the vessel and shall on arrival ateach port of call deliver it to the proper officer at that port for hisinspection.

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Banking Regulation Act, 1949 Section 45P

Title: Reserve Bank to Tender Advice in Winding Up Proceeding

State: Central

Year: 1949

Where in any proceeding for the winding up of a banking company in which any person other than the Reserve Bank has been appointed as the official liquidator and the High Court has directed the official liquidator to obtain the advice of the Reserve Bank on any matter (which it is hereby empowered to do), it shall be lawful for the Reserve Bank to examine the record of any such proceeding and tender such advice on the matter as it may think fit.

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Government of National Capital Territory of Delhi Act, 1991 Section 42

Title: Advice by Ministers

State: Central

Year: 1991

The question whether any, and if so what, advice was tendered by Ministers to the Lieutenant Governor shall not be inquired into in any court.

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New Delhi Municipal Council Act 1994 Section 383

Title: Power to Institute, Etc., Legal Proceedings and Obtain Legal Advice

State: Central

Year: 1994

.....The Chairperson may-- (a) take, or withdraw from, proceedings against any person who is charged with-- (i) any offence against this Act or any rules, regulation or bye-law made thereunder; or (ii) any offence which affects or is likely to affect any property or interest of the Council or the due administration of this Act; or (iii) committing any nuisance whatsover; (b) contest or compromise any appeal against rateable value or assessment of any tax or rate; (c) take, or withdraw from , compromise proceedings under sections 360, 361 and 362 for recovery of expenses or compensation claimed to be due to the Council; (d) withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person; (e) defend any suit or other legal proceeding brought against the Council or against the Chairperson or a municipal officer or municipal employee in respect of anything done or omitted to be done by any one of them in his official capacity; (f) with the approval of the Council admit or compromise any claim, suit or other legal proceeding brought against the Council or against the Chairperson or any officer or other employee in respect of anything done.....

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Karnataka Municipal Corporations Act, 1976 Section 483

Title: Provisions Respecting Institution, Etc., of Civil and Criminal Actions and Obtaining Legal Advice

State: Karnataka

Year: 1976

.....of the corporation or the due administration of this Act; (iii) committing any nuisance whatsoever; (b) compound any offence against this Act, the rules, bye-laws or regulations which may by rules made by the Government be declared compoundable; (c) defend himself if sued or joined as a party in assessment or tax; (d) defend, or compromise any appeal against any proceeding in respect of the conduct of elections; (e) take, with-draw from or compromise proceedings under sections 471 and 480 for the recovery of expenses or compensation claimed to be due to the corporation; (f) withdraw or compromise any claim for a sum not exceeding five hundred rupees against any person in respect of a penalty payable under a contract entered into with such person by the Commissioner, or with the approval of the standing committee, any such claim for any sum exceeding five hundred rupees; (g) 1 [x x x] defend any suit or other legal proceeding brought against the corporation or against any municipal authority, officer or servant in respect of anything done, or omitted to be done by them, respectively, in their official capacity; 2 [Provided that he shall, within fifteen days.....

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Karnataka Urban Water Supply and Drainage Board Act, 1973 Section 51

Title: Powers of Managing Director as to Institution, Composition Etc., of Legal Proceedings and Obtaining Legal Advice

State: Karnataka

Year: 1973

The Managing Director may, subject to the control of the Board,- (a) institute, defend or withdraw from legal proceedings, instituted under this Act or any rules or regulations made thereunder ; (b) compound any offence against this Act or any rules or regulations made thereunder which, under any law for the time being in force or the rule prescribed by the Government, may lawfully be compounded ; (c) admit, compromise or withdraw any claim made under this Act or any rules or regulations or schemes made thereunder; and (d) obtain such legal advice and assistance as he may, from time to time, think it necessary or expedient to obtain, or as may be desired by the Board to obtain, for any of the purposes referred to in the foregoing clauses of this section, or for securing the lawful exercise or discharge of any power or duty vested in or imposed upon the Board or any officer or servant of the Board.

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Finance Act 1994 Chapter 5

Title: Service Tax

State: Central

Year: 1994

.....to carry out any 80[service, repair, reconditioning or restoration] of any motor car, light motor vehicle or two wheeled motor vehicle manufactured by such manufacturer; 39[(9a) "automated teller machine" means an interactive automatic machine designed to dispense cash, accept deposit of cash, transfer money between bank accounts and facilitate other financial transactions; (9b) "automated teller machine operations, maintenance or management service" means any service provided in relation to automated teller machines and includes site selection, contracting of location, acquisition, financing, installation, certification, connection, maintenance, transaction processing, cash forecasting, replenishment, reconciliation and value-added services; (9c) "banker to an issue" means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934(2 of 1934), carrying on the activities relating to an issue including acceptance of application, application money, allotment money and call money, refund of application money, payment of dividend and interest warrants;] (10) "banking" has the meaning assigned to it in clause (b) of section 5 of the B anking.....

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