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Home Bare Acts Phrase: invalidatingGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 48
Title: Procedure Where Invalidity of Registration is Pleaded by the Accused
State: Central
Year: 1999
Where the offence charged under section 39 or section 40 or section 41 is in relation to a register geographical indication and the accused pleads that the registration of the geographical indication is invalid, the following procedure shall be followed: (a) if the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the Appellate Board under this Act, for the rectification of the register on the ground that the registration is invalid; (b) if the accused proves to the court that he has made such application within the time so limited or within such further time as the court may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification; (c) if within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the Appellate Board for rectification of the register, the court shall proceed with the case as if the registration were.....
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 113
Title: Procedure Where Invalidity of Registration is Pleaded by the Accused
State: Central
Year: 1999
(1) Where the offence charged under section 103 or section 104 or section 105 is in relation to a registered trade mark and the accused pleads that the registration of the trade mark is invalid, the following procedure shall be followed:-- (a) If the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the Appellate Board under this Act, for the rectification of the register on the ground that the registration is invalid. (b) If the accused proves to the court that he has made such application within the time so limited or within such further time as the court may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification. (c) If within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the Appellate Board for rectification of the register, the court shall proceed with the case as if the registration were valid. (2).....
View Complete Act List Judgments citing this sectionWealth-tax Act, 1957 Section 42C
Title: Return of Wealth, Etc. Not to Be Invalid on Certain Grounds
State: Central
Year: 1957
1[42C. Return of wealth, etc. not to be invalid on certain grounds No return of wealth, assessment, notice, summons or other proceeding furnished or made or issued or taken or purported to have been furnished or made or issued or taken in pursuance of any of the provisions of this Act shall be invalid or shall be deemed to be invalid merely by reason of any mistake, defect or omission in such return of wealth, assessment, notice, summons or other proceeding if such return of wealth, assessment, notice, summons or other proceeding is in substance and effect in conformity with or according to the intent and purpose of this Act.] ________________________ 1. Inserted by Act 41 of 1975, section 104 w.e.f. 1-10-1975.
View Complete Act List Judgments citing this sectionGift-tax Act, 1958 [Cease to Have Effect on or After the 01.10.1998] Section 41C
Title: Return of Gifts Etc., Not to Be Invalid on Certain Grounds
State: Central
Year: 1958
1[41C. Return of gifts etc., not to be invalid on certain grounds No return of gifts, assessment, notice summons or other proceeding furnished or made or issued or taken or purported to have been furnished or made or issued or taken in pursuance of any of the provisions of this Act shall be invalid or shall be deemed to be invalid merely by reason of any mistake, defect or omission in such return of gifts, assessment, notice, summons or other proceeding, if such return of gifts, assessment, notice, summons or other proceeding is in substance and effect in conformity with or according to the intent and purpose of this Act.] ___________________________ 1. Inserted by Act 41 of 1975, section 122 w.e.f. 1-10-1975.
View Complete Act List Judgments citing this sectionBanking Companies (Acquisition and Transfer of Undertakings) Act, 1970 Section 15
Title: Certain Defects Not to Invalidate Acts or Proceedings
State: Central
Year: 1970
(1) All acts done by the Custodian, acting in good faith, shall, notwithstanding any defect in his appointment or in the procedure, be valid. (2) No act or proceeding of any Board of Directors or a local Board or committee of a corresponding new bank shall be invalid merely on the ground of the existence of any vacancy in, or defect in the constitution of, such Board or committee, as the case may be. (3) All acts done by a person acting in good faith as a Director or member of a local Board or committee of a corresponding new bank shall be valid, notwithstanding that it may afterwards be discovered that his appointment was invalid by reason of any defect or disqualification or had terminated by virtue of any provision contained in any law for the time being in force: PROVIDED that nothing in this section shall be deemed to give validity to any act by a Director, or member of a local Board or committee of a corresponding new bank after his appointment has been shown to the corresponding new bank to be invalid or to have terminated.
View Complete Act List Judgments citing this sectionProtection of Plant Varieties and Farmers-rights Act, 2001 Section 76
Title: Procedure Where Invalidity of Registration is Pleaded by the Accused
State: Central
Year: 2001
.....this Act is in relation to a variety or its propagating material or essentially derived variety or its propagating material registered under this Act and the accused pleads that the registration of such variety or its propagating material or essentially derived variety or its propagating material, as the case may be, is invalid and the court is satisfied that such offence is prima facie not tenable, it shall not proceed with the charge but shall adjourn the proceedings for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the Registrar under this Act for the rectification of the Register on the ground that the registration is invalid. (2) If the accused proves to the court that he has made such application within the time so limited or within such further lime as the court for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification. (3) If within a period of three months or within such extended time as may be allowed by the court, the accused fails to apply to the Registrar for rectification of the Register, the.....
View Complete Act List Judgments citing this sectionBanking Companies (Acquisition and Transfer of Undertakings) Act, 1980 Section 15
Title: Certain Defects Not to Invalidate Acts or Proceedings
State: Central
Year: 1980
(1) All acts done by the Custodian, acting in good faith, shall, notwithstanding any defect in his appointment or in the procedure, be valid. (2) No act or proceeding of any Board of Directors or a local board or committee of a corresponding new bank shall be invalid merely on the ground of the existence of any vacancy in, or defect in the constitution of such board or committee, as the case may be. (3) All acts done by a person acting in good faith as a director or member of a local board or committee of a corresponding new bank shall be valid, notwithstanding that it may afterwards be discovered that his appointment was invalid by reason of any defect or disqualification or had terminated by virtue of any provision contained in any law for the time being in force: Provided that nothing in this section shall be deemed to give validity to any act by a director or member of a local board or committee of a corresponding new bank after his appointment has been shown to the corresponding new bank to be invalid or to have terminated.
View Complete Act List Judgments citing this sectionSemiconductor Integrated Circuits Layout-design Act, 2000 Section 62
Title: Procedure Where Invalidity of Registration is Pleaded by the Accused
State: Central
Year: 2000
.....months from the date on which the plea of accused is recorded to enable the accused to file an application before the Appellate Board under this Act, for the rectification of the register on the ground that the registration is invalid; (b) if the accused proves to the court that he has made such application within the time so limited or within such further time as the time court may for sufficient cause may allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification; (c) if within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the Appellate Board for rectification of the register, the court shall proceed with the case as if the registration were valid. (2) Where before the institution of a complaint of an offence referred to in sub-section (1), any application for the rectification of the register concerning the layout-design in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the Appellate Board or the Registrar, the Court shall stay the further proceedings in the.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 87
Title: Procedure Where Invalidity of Registration is Pleaded by the Accused
State: Central
Year: 1958
.....months from the date on which the plea of the accused is recorded to enable the accused to file an application before the High Court under this Act, for the rectification of the register on the ground that the registration is invalid. (b) If the accused proves to the magistrate that he has made such application within the time so limited or within such further time as the magistrate may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for reclification and of the appeal, if any, therefrom. (c) If within a period of three months or within such extended time as may be allowed by (he magistrate the accused fails to apply to the High Court for rectification of the register, the magistrate shall proceed with the case as if the registration were valid. (2) Where before the institution of a complaint of an offence referred to in sub-section (1), any application for the reclification of the register concerning the trade mark in question on the ground of invalidity of the regislrafion thereof has already been properly made to and is pending before the tribunal, the magistrate shall stay the further.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 386
Title: Validation of Certain Payments Made in Good Faith to Holder of Invalid Certificate
State: Central
Year: 1925
Where a certificate under this Part has been superseded or is invalid by reason of the certificate having been revoked under section 383, or by reason of the grant of a certificate to a person named in an appellate order under section 384, or by reason of a certificate having been previously granted, or for any other cause, all payments made or dealings had, as regards debts and securities specified in the superseded or invalid certificate, to or with the holder of that certificate in ignorance of its supresession or invalidity, shall be held good against claims under any other certificate.
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