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Start Free TrialTrade and Merchandise Marks Act, 1958 [Repealed] Chapter 1
Title: Preliminary
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 as 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.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 1
Title: Short Title, Extent and Commencement
State: Central
Year: 1958
(1) The Act may be called the Trade and Merchandise Marks Act, 1958. (1) It extends to the whole of India. (2) It shall come into force on such date 1as the Central Government may, by notification in the Official Gazette, appoint. ______________________ 1. Came into force on 25-11-1959, see Gazette of India, 1959, Extra. Pt. II, section, 3(ii), p. 583.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 212
Title: Official Logs to Be Kept and to Be Dated
State: Central
Year: 1958
(1) An official log shall be kept in the prescribed form in every Indian ship except a home-trade ship of less than two hundred tons gross. (2) The official log may, at the discretion of the master or owner, be kept distinct from or united with the ordinary ship's log so that in all cases the spaces in the official long book be duly filled up.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 217
Title: Official Logs to Be Sent to Shipping Master in Case of Transfer of Ship or Loss,
State: Central
Year: 1958
(1) If for any reason the official log ceases to be required in respect of an Indian ship, the master or owner of the ship shall, if the ship is then in India within one month, and if she is elsewhere within six months, after the cessation, deliver or transmit to the shipping master at the port to which the ship belonged the official log book duly completed up to the time of cessation. (2) If a ship is lost or abandoned, the master or owner thereof shall, if practicable and as soon as possible, deliver or transmit to the shipping master at her port of registry the official log book duly completed up to the time of the loss or abandonment.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 213
Title: Entries in Official Log Books How and when to Be Made
State: Central
Year: 1958
(1) An entry required by this Act in the official log book shall be made as soon as possible after the occurrence to which it relates, and, if not made on the so me day as that occurrence, shall be made and dated so as to show the date same day as that occurrence, shall be made and dated so as to show the date of the occurrence and of the entry respecting it and if made in respect of an occurrence happening before the arrival of the ship at her final port of discharge, shall not be made more than twenty-four hours after that arrival. (2) Save as otherwise provided in this Act, every entry in the official log book shall be signed by the master and by the mate or some other member of the crew and also (a) if it is an entry of injury or death, shall be signed by the medical officer on board, if any; (b) if it is an entry of wages due to or the property of a seaman or apprentice who dies shall be signed by the mate and by some member of the crew besides the master. (3) Every entry made in an official log book, in the manner provided by this Act shall be admissible in evidenced.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 214
Title: Entries Required to Be Made in Official Log Books
State: Central
Year: 1958
.....for entry in the official log. (2) The master of every such ship, upon its arrival at any port in India or at such other time and place as the Central Government may with respect to any ship or class of ships direct, shall deliver or transmit, in such form as the Director-General may specify, a return of the facts recorded by him in respect of the birth33of a child, or the death of a person on board the ship to the Director-General. (3) (a) The Director-General shall send a certified copy of such of the returns received by him under sub-section (2) as relate to citizens of India, to such officer as may be specified in this behalf by the Central Government; and such officer shall cause the same to be preserved in such manner as may be specified in this behalf by the Central Government. . (b) Every such copy shall be deemed to be a certified copy of the entry with respect to the person concerned, registered under any law in force for the time being relating to the registration of births and deaths.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 215
Title: Offences in Respect of Official Logs
State: Central
Year: 1958
(1) An official log book shall be kept in the manner required by this Act, and an entry directed by this Act to be made therein shall be made at the time and in the manner directed by this Act. (2) No person shall make or procure to be made or assist in making any entry in any official log book in respect of any occurrence happening previously to the arrival of the ship at her final port of discharge more than twenty-four hours after such arrival.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 216
Title: Delivery of Official Logs to Shipping Masters
State: Central
Year: 1958
The master of every ship for which an official log book is required to be kept under this Act shall, within forty-eight hours after the ships's arrival at her final port of destination in India or upon the discharge of the crew, whichever first happens, deliver the official log book of the voyage to the shipping master before whom the crew is discharged.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 196
Title: Entry of Offences in Official Logs
State: Central
Year: 1958
.....the next subsequent arrival of the ship at any, port, or, if she is at the time in port, before her departure there from, be furnished with a copy of the entry and have the same read over distinctly and audibly to him and may thereupon make such reply thereto as he thinks fit; and (c) a statement of a copy of the entry having been so furnished and the entry having been so read over and the reply, if any, made by the offender shall likewise be entered and signed in manner aforesaid; and (d) in any subsequent legal proceedings the entries by this section required shall if practicable, be produced or proved, and, in default of such production or proof, the court hearing the case may in its discretion, refuse to receive evidence of the offence or act of misconduct.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 349
Title: Collision to Be Entered in Official Log
State: Central
Year: 1958
In every case of collision in which it is practicable so to do, the master of every ship concerned shall, immediately after the occurrence, cause a statement thereof and of the circumstances under which the same ocurred to be entered in the official log book, if any, and the entry shall be signed by the master and also by the mate or one of the crew.
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