Bare Act Search Results

Bombay Motor Vehicles Tax Act, 1958 Complete Act

State: Maharashtra

Year: 1958

BOMBAY MOTOR VEHICLES TAX ACT, 1958 BOMBAY MOTOR VEHICLES TAX ACT, 1958 65 of 1958 29th August, 1958 An Act to consolidate and amend the law relating to the taxation of motor vehicles in the State of Bombay and to provide for certain other matters. WHEREAS it is expedient to consolidate and amend the law relating to the taxation of motor vehicles in the State of Bombay, and to provide for certain other matters; It is hereby enacted in the Ninth Year of the Republic of India as follows: - SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Bombay Motor Vehicles Tax Act, 1958. (2) It extends to the whole of the '[State of Maharashtra]. (3) It shall be deemed to have come into force on the 1st day of April 1958. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires- (A1)2"Air-conditioned motor vehicle" means a public service vehicle constructed or adapted for use for the carriage of passengers and fitted with air-conditioning unit; (1) "certificate of taxation" means a certificate, issued under section 5 indicating therein the rate at which the tax is leviable, and the periods for which the tax has been paid......

Trade and Merchandise Marks Act, 1958 [Repealed] Chapter 6

Title: Use of Trade Marks and Registered Users

State: Central

Year: 1958

.....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 time being in relation to goods of the same description, being goods in respect of which the trade mark is registered. (2) Where in relation to any goods in resepct of which a trade mark is registered-- (a) the circumstances referred to in clause (1) of sub-section (1) are shown to exist so far as regards non-use of the trade mark in relation to goods to be sold, or otherwise traded in, in a particular place in India (otherwise than for export from India), or in relation to goods to be exported to a particular market outside India; and .....

Trade and Merchandise Marks Act, 1958 [Repealed] Section 49

Title: Application for Registration as Registered Users

State: Central

Year: 1958

.....as may be required by the Registrar or as may be prescribed. (2) When the requirements of sub-section (I) have been complied with to his satisfaction, the Registrar shall forward the application together with his report and all the relevant documents to the Central Government. (3) On receipt of an application under sub-section (2), the Central Government, having regard to all the circumstances of the case and to the intersts of the general public, and the development of any industry, trade or commerce in India, may direct the Registrar-- (a) to refuse the application; or (b) to accept the application either absolutely or subject to any conditions, restrictions or limitations which the Central Government may think proper to impose: Provided that no direction for refusing the application or for its acceptance conditionally shall be made unless the applicant has been given an opportunity of being heard. (4) The Registrar shall dispose of the application in accordance with the directions issued by the Central Government under sub-section (3). (5) The Central Government and the Registrar shall, if so requested by the applicant, take steps for securing that.....

Trade and Merchandise Marks Act, 1958 [Repealed] Section 52

Title: Power of Registrar to Vary or Cancel Registration as Registered User

State: Central

Year: 1958

.....or to be likely to cause, deception or confusion; (ii) that the proprietor or the registered user misrepresented, or failed to disclose, some fact material to the application for registration, which if accurately represented or disclosed would have justified the refusal of the application for registration of the registered user; (iii) that the circumstances have changed since the date of registration in such a way that at the date of such application for cancellation they would have justified the refusal of an application for registration of the registered user; (iv) that the registration ought not to have been effected having regard to rights vested in the applicant by virtue of a contract in the performance of which he is interested; (d) may be cancelled by the Registrar of his own motion or on the application in writing in the prescribed manner of any person, on the ground that any stipulation in the agreement between the registered proprietor and the registered user regarding the quality of the goods in relation to which the trade mark is to be used is either not being enforced or is not being complied with; (e) may be cancelled by the Registrar in respect of.....

Trade and Merchandise Marks Act, 1958 [Repealed] Section 53

Title: Registered User Not to Have Right of Assignment or Transmission

State: Central

Year: 1958

Nothing in this Act shall confer on a registered user of a trade mark any assignable or transmissible right to the use thereof. Explanation I--The right of a registered user of a trade mark shall not be deemed to have been assigned or transmitted within the meaning of this section in the following cases, namely:-- (a) where the registered user being an individual enters into a partnership with any other person for carrying on the business concerned; but in any such case the firm may use the trade mark, if otherwise in force, only for so long as the registered user is a member of the firm; (b) where the registered user being a firm subsequently undergoes a change in its constitution ; but in any such case the reconstituted firm may use the trade mark, if otherwise in force, only for so long as any partner of the original firm at the time of its registration as registered user, continues to be a partner of the reconstituted firm. Explanation 2--For the purposes of Explanation 1, "firm" has the same meaning as in the Indian Partnership Act, 1932, (9 of 1932).

Trade and Merchandise Marks Act, 1958 [Repealed] Section 51

Title: Power of Registered User to Take Proceedings Against Infringement

State: Central

Year: 1958

(1) Subject to any agreement subsisting between the parties, a registered user of a trade mark shall be entitled to call upon the proprietor thereof to take proceedings to prevent infringement thereof, and if the proprietor refuses or neglects to do so within three months after being so called upon, the registered user may institute proceedings for infringement in his own name as if he were the proprietor, making the proprietor a defendant. (2) Notwithstanding anything contained in any other law, a proprietor so added as defendant shall be liable for any costs unless he enters an appearance and takes part in the proceedings.

Trade and Merchandise Marks Act, 1958 [Repealed] Section 114

Title: Registered User to Be Impleaded in Certain Proceedings

State: Central

Year: 1958

(1) In every proceeding under Chapter VII or under section 109, every registered user of a trade mark using by way of permitted use, who is not himself an applicant in respect of any proceeding under that Chapter or section, shall be made a party to the proceeding, (2) Notwithstanding anything contained in any other law, a registered user so made a party to the proceeding shall not be liable for any costs unless he enters an appearance and takes part in the proceeding.

Trade and Merchandise Marks Act, 1958 [Repealed] Section 48

Title: Registered Users

State: Central

Year: 1958

(1) Subject to the provisions of section 49, a person other than the registered proprietor of a trade mark may be registered as the registered user thereof in respect of any of all of the goods in respect of which the trademark is registered otherwise than as a defensive trade mark; but the Central Government may, by rules made in this behalf, provide that no application for registration as such shall be enertained unless the agreement between the. parties complies with the conditions laid down in the rules for preventing trafficking in trade marks. (2) The permitted use of a trade mark shall be deemed to be used by the proprietor thereof, and shall be deemed not to be used by a person other than the proprietor, for the purposes of section 46 or for any other purpose for which such use is material under this Act or any other law.

Trade and Merchandise Marks Act, 1958 [Repealed] Section 50

Title: Existing Registration of Registered Users Not to Have Effect After Three Years

State: Central

Year: 1958

Notwithstanding anything contained in any law for the time being in force or in any contract or agreement, every registration made before the commencement of this Act of a registered user shall cease to have effect after the expiration of three years from such commencement.

Trade and Merchandise Marks Act, 1958 [Repealed] Section 46

Title: Removal from Register and Imposition of Limitations on Ground of Non-use

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.....