Bare Act Search Results

Trade and Merchandise Marks Act, 1958 [Repealed] Section 39

Title: Restrictions on Assignment or Transmission Where Multiple Exclusive Rights Would Be Created

State: Central

Year: 1958

.....the circumstances and the Registrar may issue to him a certificate stating whether, having regard to the similarity of the goods and of the trade marks referred to in the case, the proposed assignment would or would not be invalid under sub-section (1), and a certificate so issued shall, subject to appeal and unless it is shown that the certificate was obtained by fraud or misrepresentation, 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.

Trade and Merchandise Marks Act, 1958 [Repealed] Section 40

Title: Restrictions on Assignment or Transmission when Exclusive Rights Would Be Created in Different Parts of India

State: Central

Year: 1958

.....it, or by a person who claims that a registered trade mark has been transmitted to him or to a predecessor in title of his since the commencement of this Act, the Registrar, if he is satisfied that in all the circumstances the use of the trade mark in exercise of the said rights would not be contrary to the public interest, may approve the assignment or transmission, and an assignment or transmission so approved shall not, unless it is shown that the approval was obtained by fraud or misrepresentation, be deemed to be invalid under this section or section 39 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 approval is given or, in the case of a transmission, was made before that date.

Trade and Merchandise Marks Act, 1958 [Repealed] Repealing Act 1

Title: Trade Marks Act 1999

State: Central

Year: 1958

.....Parliament in the Fiftieth Year of the Republic of India as follows:-- CHAPTER 1. PRELIMINARY 1. Short title, extent and commencement (1) This Act may be called the Trade Marks Act, 1999. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. ______________________ 1. 15th September, 2003 vide S.O. 1048 (E), dated 15-9-2003, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 15th September, 2003. 2. Definitions and interpretation (1) In this Act, unless the context otherwisere quires,-- (a) "Appellate Board" means the Appellate Board established under section 83; (b) "assignment" means an assignment in writing by act of the parties concerned; (c) "associated trade marks" means trade marks deemed to be, or required to be, registered as associated trade marks under this Act; (d) "Bench" means a.....

Trade and Merchandise Marks Act, 1958 Complete Act

State: Central

Year: 1958

TRADE AND MERCHANDISE MARKS ACT, 1958 TRADE AND MERCHANDISE MARKS ACT, 1958 43 of 1958 An Act to provide for the registration and better protection of trade marks and for the prevention of the use of fraudulent marks on merchandise. Be it enacted by parliament in the ninth year of the republic of India as follows - SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) The Act may be called the Trade and Merchandise Marks Act, 1958. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. SECTION 02: DEFINITIONS AND INTERPRETATION (1) In this Act, unless the context otherwise requires,- (a) "assignment" means an assignment in writing by act of the parties concerned; (b) "associated trade marks" means trade marks deemed to be, or required to be, registered as associated trade marks under this Act; (c) "certification trade mark" means a mark 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.....

Bombay Motor Vehicles Tax Act, 1958, (Maharashtra) Section 13

Title: Exemptions

State: Maharashtra

Year: 1958

.....or in connection with any commercial enterprise; (b) used exclusively as ambulances or as hearses; (vi) Motor vehicles belonging to persons acting under contract with any local authority in the State of Maharashtra and used solely for the maintenance and service of street lighting or for road cleaning, road watering or conservancy purposes; (vii) Motor vehicles belonging to a society for the prevention of cruelty to animal and used exclusively for the conveyance of sick animals or as mobile veterinary dispensary; (viii) Motor vehicles belonging to Consular and Diplomatic Officers; (ix) Tractors belonging to the Bombay Electric Supply and Transport undertaking, which are kept solely as spares, but which are moved on road when movement is exclusively between the workshop and the place where the tractor would be hitched to the trailer vehicles and vice versa and for the purpose of periodical checking, overhaul, repairs, painting or for purpose of road testing and where in all such cases, movement is not for hire or reward; (x) Motor vehicles, belonging to any Government and not used for any commercial enterprise or purpose; provided similar exemption to the vehicles.....

Merchant Shipping Act, 1958 Complete Act

State: Central

Year: 1958

.....To meet the immediate requirements of the country soon after independence the Merchant Shipping Laws. (Extension to Acceding States and Amendment) Act, 1949 was enacted, by which the British Merchant Shipping Acts 1894 to 1938 were extended to the Acceding States (later known as Part B States) and Indian Consular Officers were empowered to perform functions in relation to Indian ships outside India and provision was made to enable Government to prescribe the proper national colours for ships registered in India, The Control of Shipping Act, 1947, was another short-term measure which continued the war-time control over Indian shipping and controlled the coastal trade by a system of licensing. This Act, which has been renewed from time to time, is due to expire on the 31st March, 1958. 3. The present Bill revises and consolidates all laws in force in India relating to merchant shipping, whether passed by the British Parliament or the Indian Legislature, and makes provision for the matters discussed in the succeedihg paragraphs, which also indicate the principal changes made in the law ........... -Gaz. of Ind., 1958, Extra., Pt. II, S. 2, p. 203.Act 21 of 1966.- The minimum.....

Bombay Electricity Duty Act, 1958, (Maharashtra) Section 5A

Title: Power to Exempt

State: Maharashtra

Year: 1958

.....a film studio (excluding studio lighting). ANNEXURE C 1. Automobile service stations. 2. Bakeries, Confectioneries. Ice Candy and lee Cream factories. 3. Battery charging stations. (A) 12[***] (B) 12[* * *] 4. Factories doing bottling of aerated waters exclusively. 5. Flour Mills and flour mills-cum-hullers. 6. Gadi (Matress) Karkhanas (if exclusively engaged on job work). 7. Masala Mills. 8. Mechanical repair workshops (including spray painting and welding), doing job-work exclusively. 9. Power laundries, if all the washing and other connected machine are working in the concerned premises only. 10. Supari grinding units. 11. Tailoring and embroidery establishments (including button-hole stitching). 12. Tools and razor sharpening works. 13. Cream separators and butter churning units. 14. Machines for merely decorticating groundnut and other seeds. 15. Sugarcane crushers for sale of cane juice to the public. 13[16. Coffee roasting and grinding units.) G. N., I. & L. D., No. ELD. 1771/893739-Elec-I, dated 1st June, 1974 (M. G.. Pt. IV-B, p. 789) In exercise of the powers conferred by section 5-A of the Bombay Electricity Duty Act,.....

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.....

Bombay Motor Vehicles (Taxation of Passengers) Act, 1958 Complete Act

State: Maharashtra

Year: 1958

.....proceedings shall be taken against the accused person in respect of the same offence. SECTION 18: OFFICERS TO BE PUBLIC SERVANTS. All officers acting under this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code. SECTION 19: BAR OF CERTAIN PROCEEDINGS. (1) No prosecution or other proceeding shall be instituted in a Criminal Court without the previous sanction of the State Government, against any officer or servant of the Government, for any act done or purporting to be done under this Act. (2) No officer or servant of the Government shall be liable in respect of any such act in any civil or criminal proceeding, if the act was done in good faith in the course of the execution of duties or the discharge of functions imposed by or under this Act. SECTION 20: LIMITATION FOR SUITS AND PROSECUTIONS. No suit or other proceeding shall be instituted against the State and no suit, prosecution or other proceeding shall be instituted against any officer or servant of the Government in respect of any act done or purporting to be done under this Act, unless the suit, Prosecution or other proceeding is instituted within one year from the.....

Bombay Motor Vehicles [Taxation of Passengers] Act, 1958, (Maharashtra) Section 3

Title: Levy of Tax on Passengers Carried by Stage Carriages

State: Maharashtra

Year: 1958

.....changes cannot be made under the present scheme of the Act, without an amendment on such occasion to the Act itself, it has decided to amend sub-section (1) of section 3 of the Act, so as to lay down a ceiling of the rate of passenger tax at the existing level of 20 per cent of the inclusive fares, and simultaneously to take power to fix, by order in the Official Gazette, the rate of tax actually leviable from time to time.- M.G.G., Pt. IV, 24.12.75, p. 509.- [Mah. 65 of 1975.] Tax levied is on passenger and not on income of operators. Distinction made between rates in urban and rural areas is also based on reasonable classification. Akhil Bhartiya Grahak Panchayat (Bombay Branch) v. State of Maharashtra and others, AIR 1985 Bom. 14. Transport vehicle carrying employees of Company not a public vehicle – If a nominal charge is realised from the employees of the Company that would not make the transport a public vehicle as to attract the provision of section 3. It cannot by any process of reasoning or stretch of imagination be deemed to include employees of a Private Company who are given facilities not as members of the public, but as holding a special status,.....