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Home Bare Acts Phrase: high second class marksCode of Criminal Procedure, 1973 Section 261
Title: Summary Trial by Magistrate of the Second Class
State: Central
Year: 1973
The High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any such offence.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Repealing Act 1
Title: Trade Marks Act 1999
State: Central
Year: 1958
.....with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person; (f) "Chairman" means the Chairman of the Appellate Board; (g) "collective mark" means a trade mark distinguishing the goods or services of members of an association of persons [not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932)] which is the proprietor of the mark from those of others; (h) "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; (i) "false trade description" means-- (I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or (II) any alteration of a trade description as regards the goods or.....
View Complete Act List Judgments citing this sectionBidhan Chandra Krishi [Viswavidyalaya] Act, 1974 Complete Act
State: West Bengal
Year: 1974
.....been taken by it upon the advice given under sub-section (2). (4) When the University does not, within a reasonable time, take action to the satisfaction of the State Government, the State Government may, after considering any explanation furnished or representation made by the University, issue such directions in writing as it may think fit and the University shall comply with those directions. CHAPTER 3 Authorities of the University Section 9 Authorities The following shall be the authorities of the University : (1) the Court; (2) the Executive Council; (3) the Faculty Councils for post-graduate and undergraduate studies; (4) the Boards of Studies; (5) the Finance Committee; (6) such other authorities as may be established under the Statutes. Section 9A The Court 2020. Secs. 9A and 9B ins. by W. B. Act 31 of 1981. (1) Subject to such conditions as may be provided by or under the provisions of this Act, the Court shall (i) make rules for the transaction of its own business; (ii) exercise all the powers and perform all the functions of the University under this Act; (iii) exercise all other powers and perform all other functions conferred and imposed on it by or.....
List Judgments citing this sectionThe Jharkhand Academic Council, (Amendment) Act, 2006 Complete Act
State: Jharkhand
Year: 2006
.....Academic Council Act. (zzz) ˜Govt.' means State Govt. of Jharkhand. Section 3 - The following shall be inserted after section 3(1) of the Act as section 3(1)(A) 3(1)(A) The headquarter of the council shall be at Ranchi and a Regional Office at Dumka which will cater to the needs of Santhal Pargana Division. Section 4 - The following shall be substituted in section 4 of the Act as section 4(1) in place of the existing section 4(1) of chapter -2 1. The Council shall consist of the following members:- (a) Chairman, Jharkhand Academic Council. (aa) Vice Chairman, Jharkhand Academic Council. (b) Director, Secondary Education, Ex-officio member. (c) Director, J.C.E.R.T. Ex-officio member. (d) One representative of university nominated by State Govt. of Jharkhand State to be nominated for one year in rotation from each University of the State of Jharkhand. (e) One Headmaster of Secondary School to be nominated by the State Govt. (f) Six persons of Academic repute: at least one from among the scheduled Caste, Scheduled Tribe, Backward Class, Women and the minority to be nominated by the State Govt. (g) One Scholar of Sanskrit possessing at least 15 years.....
List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Complete Act
Title: Trade and Merchandise Marks Act, 1958 [Repealed]
State: Central
Year: 1958
.....cases Section108 - Procedure for application for rectification before a High Court Section109 - Appeals Section110 - Power of High Courts to make rules Section111 - Stay of proceedings where the validity of registration of the trade mark is questioned, etc Section112 - Appearance of Registrar in legal proceedings Section113 - Costs of Registrar in proceedings before High Court Section114 - Registered user to be impleaded in certain proceedings Section115 - Evidence of entries in register, etc., and things done by the Registrar Section116 - Registrar and other officers not compilable to produce register, etc Section117 - Power to require goods to show indication of origin Section118 - Power to require information in respect of imported goods bearing false trade marks Section119 - Certificate of validity Section120 - Groundless threats of legal proceedings Section121 - Address for service Section122 - Trade usage, etc., to be taken into consideration Section123 - Agents Section124 - Indexes Section125 - Documents open to public inspection Section126 - Reports of Registrar to be placed before Parliament Section127 - Fees Section128 - Savings in respect of.....
List Judgments citing this sectionTrade 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.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 3
Title: High Court Having Jurisdiction
State: Central
Year: 1958
.....situate; (b) in relation to a trade mark for which an application for registration of pending at or is made on or after the commencement of this Act, the office of the Trade Marks Registry within whose territorial limits the principal place of business in India of the applicant as disclosed in his application is situate; (c) in relation to a trade mark registered in the names of joint proprietors before the commencement of this Act, the office of the Trade Marks Registry within whose territorial limtis the principal place of business in India of the proprietor whose name is entered first in the register at such commencement as having such place of business is situate; (d) in relation to a trade mark for which an application for regislration in the names of joint proprietors is pending at or is made on or after the commencement of this Act, the office of the Trade Marks Registry within whole territorial limits the principal place of business in India of the proprietor whose name is first mentioned in me said application as having such place of business is situate; (e) where the registered proprietor or the applicant for registration as aforesaid has no place of business.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 111
Title: Stay of Proceedings Where the Validity of Registration of the Trade Mark is Questioned, Etc
State: Central
Year: 1958
.....application as aforesaid has been made within the time so specified or within such extended time as the court may allow, the issue as to the validity of the registration of the trade mark concerned shall be deemed to have been abandoned and the court shall proceed with the suit in regard to the other issues in the case. (4) The final order made in any rectification proceedings referred to in subsection (1) or sub-section (2) shall be binding upon the parties and the court shall dispose of the suit conformably to such order in so far at it relates to the issue as to the validity of the registration of the trade mark. (5) The slay of a suit for the infringement of a trade mark under this section shall not preclude the court making any interlocutory order (including any order granting an injunction, directing accounts to be kept, appointing a receiver or attaching any property), during the period of the stay of the suit.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 107
Title: Application for Rectification of Register to Be Made to High Court in Certain Cases
State: Central
Year: 1958
(1) Where in a suit for infringement of a registered trade mark the validity of the registration of the plaintiffs trade mark is questioned by the defendant or where in any such suit the defendant raises a defence under clause (d) of subsection (1) of section 30 and the palintiff questions the validity of the registration of the defendant's trade mark, the issue as to the validity of the registration of the trade mark concerned shall be determined only on an application for the rectification of the register, and notwithstanding anything contained in section 46, sub section (4) of section 47 or section 56, such application shall be made to the High Court and not to the Registrar. (2) Subject to the provisions of sub-section (1) where an application for rectification of the registered made to the Registrar under section 46 or sub-section (4) of section 47 or section 56, the Registrar may, if he thinks fit, refer the application at any stage of the proceeding to the High Court.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Chapter 8
Title: Certification Trade Marks
State: Central
Year: 1958
.....adapted distinguish in relation to the goods in question; and (b) by reason of the use of the mark or of any other circumstances, the mark is in fact so adapted to distinguish in relation to the goods in question. Section 62 - Applications for registration of certification trade marks (1) An application for the registration of a mark as a certification trade mark shall be made to the Registrar in writing in the prescribed manner by the person proposed to be registered as the proprietor thereof, and accompanied by a draft of the regulations to be deposited under section 65. (2) Subject to the provisions of section 61, the provisions of sub-sections (1), (2), (3), (4) and (6) of section 18 and of sections 19 and 22 shall apply in relation to an application under this section as they apply in relation to an application under section 18, subject to the modification that references therein to acceptance of an application shall be construed as references to authorisation to proceed with an application. (3) In dealing under the said provisions with an application under this section, the tribunal shall have regard to the like considerations, so far as relevant, as if the.....
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