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Trade and Merchandise Marks Act, 1958 [Repealed] Chapter 5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

THE KERALA GOVERNMENT LAND ASSIGNMENT ACT, 1960 Act 30 Of 1960 THE KERALA GOVERNMENT LAND ASSIGNMENT ACT, 1960 An Act to provide for the assignment of Government lands Preamble.- WHEREAS it is expedient to regulate the assignment of Government lands and to remove doubts as the validity of the limitations and restrictions imposed in assignments of land by the Government or under their authority; BE it enacted in the Eleventh Year of the Republic of India as follows:- 1 Short title, extent and commencement.- (1) This Act may be called the Kerala Government Land Assignment Act, 1960. (2) It extends to the whole of the State of Kerala (3) It shall come into force at once. 2 Definitions.- (1) The following, that it to say- all public roads, streets, lanes and paths, the bridges, ditches dykes and fences on or beside the same; the bed of the sea and of harbours and creeks below high watermark, the beds and banks of rivers, streams, irrigation and drainage channels; all canals, tanks, lakes, back-waters and water courses; all land wherever situated, save in so far as the same are the property of- (a) jenmis or holders of Inams; or (b) holders of land in any way subject to the.....

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

State: Kerala

Year: 1971

.....FORESTS (VESTING AND ASSIGNMENT) ACT, 1971 ( Published in K. G. Ex. dt. 23-8-1971.) THE KERALA PRIVATE FORESTS (VESTING AND ASSIGNMENT) ACT, 1971 [Act No. 26 of 1971] PREAMBLE An Act to provide for the vesting in the Government of private forests in the State of Kerala and for the assignment thereof to agriculturists and agricultural laborers for cultivation Whereas the private forests in the State of Kerala are agricultural lands; And whereas Government consider that such agricultural lands should be so utilized as to increase the agricultural production in the State and to promote the welfare of the agricultural production in the State; And whereas Government also consider that to give effect to the above objectives it is necessary that the private forests should vest in the Government; Be it enacted in the Twenty second year of the Republic of India as follows:- Section 1 - Short title, extent and commencement (1) This Act may be called the Kerala Private Forests (Vesting and Assignment) Act, 1971. (2) It extends to the whole of the State of Kerala. (3) It shall be deemed to have come into force on the 10th day of May, 1971. Section 2 -.....

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.