Bare Act Search Results

Trade and Merchandise Marks Act, 1958 [Repealed] Section 47

Title: Defensive Registration of Well-known Trade Marks

State: Central

Year: 1958

.....trade mark, or may be cancelled as respects any goods in relation to which it is registered as a defensive trade mark on the ground that there is no longer any likelihood that the use of the trade mark in relation to those goods would be taken as giving the indication mentioned in sub-section (1). (5) The Registrar may at any time cancel the registration as a defensive trade mark of a trade mark of which there is no longer any registration in the name of the same proprietor otherwise than as a defensive trade mark. (6) Except as otherwise expressly provided in this section, the provisions of this Act shall apply in respect of the registration of trade marks as defensive trade marks and of trade marks so registered as they apply in other cases.

Trade and Merchandise Marks Act, 1958 Complete Act

State: Central

Year: 1958

.....adapted in relation to any goods to distinguish, in the course of trade, goods certified by any person in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic, from goods not so certified and registrable as such under the provisions of Chapter VIII in respect of those goods in the name as proprietor of the certification trade mark, of that person; (d) "deceptively similar" :- A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark is to be likely to deceive or cause confusion; (e) "District Court" has the meaning assigned to it in the Code of Civil Procedure, 1908 (5 of 1908); (f) "false trade description" means- (i) a trade description which is untrue or misleading in a material respect as regards the goods to which it is applied; or (ii) any alteration of a trade description as regards the goods to which it is applied, whether by way of addition, effacement or otherwise where that alteration makes the description untrue or misleading in a material respect; or (iii) any trade description which denotes or implies that there are: contained, as regards the goods to which it is applied, more.....

Trade and Merchandise Marks Act, 1958 [Repealed] Chapter 6

Title: Use of Trade Marks and Registered Users

State: Central

Year: 1958

.....used in relation to those goods by him or, in a case to which the provisions of section 45 apply, by the company concerned, and that there has, in fact, been no bona fide use of the trade mark in relation to those goods by any proprietor thereof for the time being up to a date one month before the date of the application; or (b) that up to a date one month before the date of the application, a continuous period of five years or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods by any proprietor thereof for the time being: Provided that, except where the applicant has been permitted under sub-section (3) of section 12 to register an identical or nearly resembling trade mark in respect of the goods in question or where the tribunal is of opinion that he might properly be permitted so to register such a trade mark, the tribunal may refuse an application under clause (a) or clause (b) in relation to any goods, if it is shown that there has been, before the relevent date or during the relevant period, as the case may be, bona fide use of the trade mark by any proprietor thereof for the.....

The Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2000 Complete Act

State: Jharkhand

Year: 2000

.....on the ground aforesaid. (5) The Court shall give to the tenant leave to contest the suit if the affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an order for eviction on the grounds specified in clauses (c) and (e) of sub-section (1) of Section 11. (6) When leave is granted to the tenant to contest the suit, the latter may, within fifteen days from the date of the order, pray after filing the requisite Court fee, required for a written statement that the affidavit may be treated as the written statement or if he chooses to file a separate written statement he may do so within fifteen days of the grant of leave to contest the suit and if he does not file the written statement within the period he shall not be allowed to do so later. The Court shall thereafter commence the hearing of the suit as early as practicable. (7) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (V of 1908) or any other law, the Court while hearing a suit under this section shall follow the practice and procedure of a Court of Small Causes including the recording of evidence. (8) No appeal or second appeal shall lie.....

The Consumer Protection Act, 1986 Complete Act

State: Himachal

Year: 1986

.....Disputes Redressal Forum established under clause (a) of section 9; (i) "goods" means goods as defined in the sale of Goods Act,1930; (j) "manufacture" means a person who ˆ’ (i) Makes or manufacture any goods or parts thereof; or (ii) does not make or manufacture any goods but assembles parts thereof made or manufactured by others and claims the end ˆ’product to be goods manufactured by himself; or (iii) puts or causes to be put his own mark on any goods made or manufactured by any other manufacturer and claims such goods to be goods made or manufactured by himself. Explanation. ˆ’ Where a manufacturer dispatches any goods or part thereof to any branch office maintained by him, such branch office shall not be deemed to be the manufacturer even though the parts so dispatched to it are assembled at such branch office and are sold or distributed from such branch office; (j) "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 section9; .....

The Kerala Panchayat Raj Act, 1994 Complete Act

State: Kerala

Year: 1994

.....articles of food or for the sale, or purchase of livestock or poultry, or of any agricultural or industrial or industrial produce or any raw or manufactured products or any other articles or commodity necessary for the convenience of life provided that a single shop or a group of shops not being more than six in number shall not be deemed a market; (xxvi) 'member' means the member of a Panchayat at any level; (xxvi) 'Panchayat' means a. Village Panchayat, a Block Panchayat or a District Panchayat; (xxvi) 'Panchayat area' means the area within the territorial jurisdiction of a Panchayat; (xxvii) 'political party' means a political party registered under Section 29 A of the Representation of the People Act, 1951 (Central Act 43 of 1951); (xxviii) 'polling stations' means any place appointed for holding election to a Panchayat; (xxix) 'population' means the population assessed at the last census the relevant details of which have been officially published; (xxx) 'prescribed' means prescribed by the rules made under this Act; (xxxi) 'President' or 'Vice-President' means the President or the Vice-President of a Village Panchayat or Block Panchayat or District.....

Government of Punjab Department of Finance(the Punjab Civil Services Rules) Complete Act

State: Punjab

Year: 1984

.....in the case of services and posts in connection with the affairs of the Union and of the State respectively, it was not considered necessary to enact the Act, referred to above. 2. In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of the Punjab issued the rules as contained in the First Edition and reprint thereof. Since the issue of the First Edition (reprint)m there have been several changes in the Leave Rules any Pay Fixation Rules, and enhanced powers have been delegated to the various authorities during 1962. The present edition incorporates correction slips Nos.1 to 222, amendments Nos. 1 to 30 of 1962 and 1 to 26 of 1963 to the First Edition (reprint), and thus brings the compilation up-to-date. 3. From Ist November 1956, the erstwhile State of Pepsu and Punjab have been integrated into the new State called Punjab. Under proviso to Section 115 (7) of the States Re-organisation Act, 1956, no rule can be amended or made, which would adversely affect the conditions of service of the employees of the erstwhile States of Punjab and Pepsu, except with the specific approval of the Government of India. Accordingly,.....

EMPLOYERS' LIABILITY ACT, 1938 Complete Act

State: Central

Year: 1938

.....for damages in respect of the injury instituted by the workman or by any person entitled in case of his death shall not fail by reason only of the fact that the workman was at the time of the injury a workman of, or in the service of, or engaged in the work of, the employer. SECTION 03A: CONTRACTING OUT Any provision contained in a contract of service or apprenticeship, or in an agreement collateral thereto, shall be void in so far as it would have the effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the negligence of persons in common employment with him.] SECTION 04: RISK NOT TO BE DEEMED TO HAVE BEEN ASSUMED WITHOUT FULL KNOWLEDGE In any such suit for damages, the workman shall not be deemed to have undertaken any risk attaching to the employment unless the employer proves that the risk was fully explained to and understood by the workman and that the workman voluntarily undertook the same. SECTION 05: SAVING Nothing in this Act shall affect the validity of any decree or order of a Civil Court passed before the commencement of this Act in any such suit for damages. Central.....

The Limitation Act, 1963 Complete Act

State: Central

Year: 1963

.....when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day when the court reopens. Explanation- The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section. SECTION 05: EXTENSION OF PRESCRIBED PERIOD IN CERTAIN CASES- Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908) may be admitted after the prescribed period, if the appellant 'or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. Explanation-The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section. SECTION 06: LEGAL DISABILITY- (1) Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed. Period is.....

The Punjab Ayurvedic and Unani Practitioners Act, 1963 Complete Act

State: Haryana

Year: 1963

.....who follow the Ayurvidic Systems and the registered practitioners who follow the Unani System; Provided that in determining the proportion a faction of one-half and less shall be ignored and a fraction of more than one-half shall be counted as one. (5). Every election or appointment of a member and every vacancy in the office of a member shall be notified by the state Government in the Official Gazette. (6). Until the Board is established and constituted in accordance with the provisions of the preceding sub-sections, as amended by the Punjab Ayurvedic and Unani Practitioners (Haryana Amendment and Validation) Ordinance, 1968 the State Government may constitute a Board consisting or six persons, included the Director, to be appointed by the state Government and the Board so constituted shall, as from such the commencement of that ordinance and for a period [not exceeding twenty years] form such commencement, be deemed to be the Board established and constituted for the purpose of carrying out all the provisions of this Act and the provisions of sub sub-section (3) and (5) shall apply to such a Board]. 4. Election of member:- The election of members of the Board.....