Bare Act Search Results

Trade Marks Act, 1999 (47 of 1999) Chapter 5

Title: Assignment and Transmission

State: Central

Year: 1999

.....be conclusive as to the validity or invalidity under sub-section (1) of the assignment insofar as such validity or invalidity depends upon the facts set out in the case, but, as regards a certificate in favour of validity, only if application for the registration under section 45 of the title of the person becoming entitled is made within six months from the date on which the certificate is issued. Section 41 - Restriction on assignment or transmission when exclusive rights would be created in different parts of India Notwithstanding anything in sections 38 and 39, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or transmission there would in the circumstances subsist, whether under this Act or any other law-- (a) an exclusive right in one of the persons concerned, to the use of the trade mark limited to use in relation to goods to be sold or otherwise traded in, in any place in India, or in relation to services for use, or services available for acceptance in any place in India; and (b) an exclusive right in another of these persons concerned, to the use of a trade mark nearly resembling the first-mentioned.....

Trade and Merchandise Marks Act, 1958 [Repealed] Chapter 5

Title: Assignment and Transmission

State: Central

Year: 1958

.....be conclusive as to the validity or invalidity under sub-section (1) of the assignment in so far as such validity or invalidity depends upon the facts set out in the case, but, as regards a certificate in favour of validity, only if application for the registration under section 44 of the title of the person becoming entitled is made within six months from the date on which the certificate is issued. Section 40 - Restrictions on assignment or transmission when exclusive rights would be created in different parts of India Notwithstanding anything in section 37 and section 38, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or transmission there would in the circumstances subsist, whether under this Act or any other law, an exclusive right in one of the persons concerned to the use of the trade mark limited to use in relation to goods to be sold, or otherwise traded in, in any place in India and an exclusive right in another of these persons to the use of a trade mark nearly resembling the first-mentioned trade mark or of an identical trade mark in relation to the same goods or description of goods limited to use in.....

The Kerala Government Land Assignment Act, 1960 Complete Act

State: Kerala

Year: 1960

.....shall enquire in to the same and pass an order in writing either accepting or rejecting the claim in full or in part and intimate in writing the fact of such disposal to the claimant. (3) For the purposes of the enquiry under sub-section (2) the officer making the enquiry shall have all the powers conferred upon the Collectors and Tahsildars by the law for the time being in force regarding summoning of persons for disposal of matters connected with the revenue administration. 5. Order of assignment.- (a) when the time fixed in the notification under sub-section (1) of section 4 has elapsed and no objection has been preferred; or (b) when any objection preferred is rejected and- the time for preferring an appeal from the order has elapsed and appeal has been preferred; or When an appeal has been preferred and the appeal is rejected by the appellate authority, the land may, subject to such rule as may be made by the Government in this behalf, be assigned by the prescribed authority. 6. Bar of suits.- No suit against the Government shall be entertained in any civil court in respect of any order passed under this Act except upon the ground that- (a) the order is in breach of any.....

The Kerala Private Forests (Vesting and Assignment) Act, 1971 Complete Act

State: Kerala

Year: 1971

.....of such crops or for the preparation of the same for the market. Explanation:- Lands used for the construction of office buildings, godowns, factories, quarters for workmen, hospitals, schools and playgrounds shall be deemed to be lands used purposes ancillary to the cultivation of such crops; (C) lands which are principally cultivated with cashed or other fruit bearing trees or are principally cultivated and any other agricultural crop and (D) sites of buildings and land appurtenant to and necessary for the convenient enjoyment or use of such buildings; (ii) any forest not owned by the Government, to which the Madras Preservation of private Forests Act, 1949 did not apply, including waste lands which are enclaves within wooded areas. (2) in relation to the remaining areas in the State of Kerala any forest not owned by the Government including waste lands which are enclaves within wooded areas. Explanation:- For the purpose of this clause, a land shall be deemed to be waste land notwithstanding the existence thereon of scattered trees or shrubs; (g) "Tribunal" means a Tribunal constituted under section 7. Section 3 - Private forests vest in Government .....

Insurance Act, 1938 (4 of 1938) Section 38

Title: Assignment and Transfer of Insurance Policies

State: Central

Year: 1938

.....referred to in sub-section (2) are delivered. (4) Upon the receipt of the notice referred to in sub-section (2), the insurer shall record the fact of such transfer or assignment together with the date thereof and the name of the transferee or the assignee and shall, on the request of the person by whom the notice was given, or of the transferee or assignee, on payment of a fee not exceeding one rupee, grant a written acknowledgement of the receipt of such notice; and any such acknowledgement shall be conclusive evidence against the insurer that he has duly received the notice to which such acknowledgement relates. (5) 6 [Subject to the terms and conditions of the transfer or assignment, the insurer shall, from the date of receipt of the notice referred to in sub-section (2),] recognise the transferee or assignee named in the notice as the only person entitled to benefit under the policy, and such person shall be subject to all liabilities and equities to which the transferor or assignor was subject at the date of the transfer or assignment and may institute any proceedings in relation to the policy without obtaining the consent of the transferor or assignor or making him.....

Copyright Act, 1957 Section 19

Title: Mode of Assignment

State: Central

Year: 1957

.....from the date of assignment, the assignmentin respect of such rights shall be deemed to have lapsed after the expiry ofthe said period unless otherwise specified in the assignment. (5) If the period of assignmentis not stated, it shall be deemed to be five years from the dale of assignment. (6) If the territorial extent ofassignment of the rights is not specified, it shall be presumed to extendwithin India. (7) Nothing in sub-section (2)or sub-section (3) or sub-section (4) or sub-section (5) or sub-section (6)shall be applicable to assignments made before the coming into force of theCopyright (Amendment) Act, 1994.]] ______________________ 1.Section 19 re-numbered as sub-section (1) thereofby Act 23 of 1983, sec. 9 w.e.f. 9-8-1984. 2. Sub-section (2) Inserted by Act23 of 1983, sec. 9 w.e.f. 9-8-1984. 3.Substitutedby Act 38 of 1994, sec. 8, for sub-section (2) w.e.f. 10-9-1995.

Trade Marks Act, 1999 (47 of 1999) Section 42

Title: Conditions for Assignment Otherwise Than in Connection with the Goodwill of a Business

State: Central

Year: 1999

.....such extended period, if any, not exceeding three months in the aggregate, as the Registrar may allow, applies to the Registrar for directions with respect to the advertisement of the assignment, and advertises it in such form and manner and within such period as the Registrar may direct. Explanation.--For the purposes of this section, an assignment of a trade mark of the following description shall not be deemed to be an assignment made otherwise than in connection with the goodwill of the business in which the mark is used, namely:-- (a) an assignment of a trade mark in respect only of some of the goods or services for which the trade mark is registered accompanied by the transfer of the goodwill of the business concerned in those goods or services only; or (b) an assignment of a trade mark which is used in relation to goods exported from India or in relation to services for use outside India if the assignment is accompanied by the transfer of the goodwill of the export business only.

Trade and Merchandise Marks Act, 1958 [Repealed] Section 41

Title: Conditions for Assignment Otherwise Than in Connection with the Goodwill of a Business

State: Central

Year: 1958

.....which the assignment is made or within such extended period, if any, not exceeding three months in the aggregate, as the Registrar may allow, applies to the Registrar for directions with respect to the advertisement of the assignment, and advertises it in such form and manner and within such period as the Registrar may direct. ExplanationFor the purposes of this section an assignment of a trade mark of the following description shall not be deemed to be an assignment made otherwise than in connection with the goodwill of the business in which the mark is used, namely:-- (a) an assignment of a trade mark in respect only of some of the goods for which the trade mark is registered accompanied by the transfer of the goodwill of the business concerned in those goods only; or (b) an assignment of a trade mark which is used in relation to,goods exported from India if the assignment is accompanied by the transfer of the goodwill of the export business only.

Copyright Act, 1957 Section 19A

Title: Disputes with Respect to Assignment of Copyright

State: Central

Year: 1957

.....after holding such inquiryas it may deem necessary, revoke such assignment. (2) If any dispute arises withrespect to the assignment of any copyright, the Copyright Board may, on receiptof a complaint from the aggrieved party and after holding such inquiry as itconsiders necessary, pass such order as it may deem fit including an order forthe recovery of any royally payable: Provided that Copyright Boardshall not pass any order under this sub-section to revoke the assignment unlessit is satisfied that the terms of assignment are harsh to the assignor in casethe assignor is also the author: Provided further that noorder of revocation of assignment under this sub-section, shall be made withina period of five years from the date of such assignment.] _______________________________ 1. Inserted by Act 23 of 1983, sec.10 w.e.f. 9-8-1984 and Substituted by Act 38 of 1994, sec. 9 w.e.f. 10-5-1995.

Factoring Regulation Act, 2011, (Central) Section 7

Title: Assignment of Receivables

State: Central

Year: 2011

.....to the assignee any defences and right of set off that may be available to the debtor: Provided that if the debtor liable to pay the receivable or the business of factor is situated or established outside India, any assignment of receivable shall be subject to the provisions of the Foreign Exchange Management Act, 1999 (42 of 1999). (2) On execution of agreement in writing for assignment of receivables, all the rights, remedies and any security interest created over any property exclusively to secure the due payment of receivable shall vest in the assignee and the assignee shall have an absolute right to recover such receivable and exercise all the rights arid remedies of the assignor whether by way of damages or otherwise, or whether notice of assignment as provided in section 8 is given or not. (3) Any assignment of receivables which constitute security for repayment of any loan advanced by any Bank or other creditor and if the assignor has given notice of such encumbrance to the assignee, then on accepting assignment of such receivable, the assignee shall pay the consideration for such assignment to the Bank or the creditor, as the case may be.