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Start Free TrialMonopolies and Restrictive Trade Practices Act, 1969 Chapter 2
Title: Monopolies and Restrictive Trade Practices Commission
State: Central
Year: 1969
.....trade practices by Commission.- The Commission may inquire into- (a) any restrictive trade practice- (i) upon receiving a complaint of facts which constitute such practice 1[from any trade association or from any consumer or a registered consumer association, whether such consumer is a member of that consumers' association or not], or (ii) upon a reference made to it by the Central Government or a State Government, or (iii) upon an application made to it by the 2[Director General], or (iv) upon its own knowledge or information, (b) any monopolistic trade practice, upon a reference made to it by the Central Government 3[or upon an application made to it by the Director General] or upon its own knowledge or information. ________________________ 1. Substituted by Act 74 of 1986, section 3, for certain words w.e.f. 1-6-1987. 2. Substituted by Act 30 of 1984, section 2 for "Registrar" w.e.f. 1-8-1984. 3. Inserted by Act 58 of 1991, section 3 w.r.e.f. 27-9-1991. Section 11 - Investigation by Director General before issue of process in certain cases JURISDICTION ,POWERS AND PROCEDURE OF THE CORPORATION 1[11. Investigation by Director General before.....
View Complete Act List Judgments citing this sectionOfficial Secrets Act, 1923 Preamble 1
Title: Official Secrets Act, 1923
State: Central
Year: 1923
THE OFFICIAL SECRETS ACT, 1923 [Act, No. 19 of 1923]1 [2nd April, 1923] PREAMBLE An Act to consolidate and amend the law2[* * * * *] relating to official secrets. 3[* * * * *] WHEREAS it is expedient that the law relating to official secrets2[* * * * *] should be consolidated and amended; It is hereby enacted as follows:-- _____________________ 1. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, section. 3 and Sch.; to Dadra and Nagar Haveli by Reg. 6 of 1963, section. 2 and Sch. I; to Pondicherry by Reg. 7 of 1963, section. 3 and Sch. I, And to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, section. 3 and Sch. 2. The words "in the Provinces" were omitted by the A.O. 1950. 3. First two paragraphs of the Preamble were omitted by the A.O. 1950.
View Complete Act List Judgments citing this sectionOfficial Secrets Act, 1923 Complete Act
Title: Official Secrets Act, 1923
State: Central
Year: 1923
Preamble1 - OFFICIAL SECRETS ACT, 1923 Section1 - Short title, extent and application Section2 - Definitions Section3 - Penalties for spying Section4 - Communications with foreign agents to be evidence of commission of certain offences Section5 - Wrongful communication, etc., of information Section6 - Unauthorised use of uniforms, falsification of reports, forgery, personation and false documents Section7 - Interfering with officers of the police or members of the Armed Forces of the Union Section8 - Duty of giving information as to commission of offences Section9 - Attempts, incitements, etc. Section10 - Penalty for harbouring spies Section11 - Search-warrants Section12 - Provisions of section 337 of Act 5 of 1898 to apply to offences under sections 3, 5 and 7 Section13 - Restriction on trial of offences Section14 - Exclusion of public from proceedings Section15 - Offences by companies Section16 - Repeals
List Judgments citing this sectionTrade 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.....
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Chapter 6
Title: Use of Trade Marks and Registered Users
State: Central
Year: 1999
.....grounds, namely:-- (i) that the registered user has used the trade mark otherwise than in accordance with the agreement under clause (a) of sub-section (1) of section 49 or in such way as to cause 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 not have justified the 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 not have justified 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 on his own motion or on the application in writing in the prescribed manner by 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 or services in relation to.....
View Complete Act List Judgments citing this sectionTrade Unions Act, 1926 Chapter II
Title: Registration of Trade Unions
State: Central
Year: 1926
.....Union shall not be entitled to registration under this Act, unless the executive thereof is constituted in accordance with the provisions of this Act, and the rules thereof provide for the following matters, namely:- (a) the name of the Trade Union; (b) the whole of the objects for which the Trade Union has been established;. (c) the whole of the purposes for which the general funds of the Trade Union shall be applicable, all of which purposes shall be purposes to which such funds are lawfully applicable under this Act; (d) the maintenance of a list of the members of the Trade Union and adequate facilities for the inspection thereof by the1[office-bearers] and members of Trade Union; (e) the admission of ordinary members who shall be persons actually engaged or employed in an industry with which the Trade Union is connected, and also the admission of the number of honorary or temporary members as1[office-bearers] required under section 22 to form the executive of the Trade Union; 2[(ee) the payment of a minimum subscription by members of the Trade Union which shall not be less than- (i) one rupee per annum for rural workers; (ii) three rupees per annum for.....
View Complete Act List Judgments citing this sectionTrade Unions Act, 1926 Chapter III
Title: Rights and Liabilities of Registered Trade Unions
State: Central
Year: 1926
.....officers shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860). 28 L. Protection of action under the Act.--No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or purported to be done under this Act. (3) A copy of every alteration made in the rules of a registered Trade Union shall be sent to the Registrar within fifteen days of the making of the alteration. 8 [(4) For the purpose of examining the documents referred to in sub-sections (1), (2) and (3), the Registrar, or any officer authorised by him by general or special order, may at all reasonable times inspect the certificate of registration, account books, registers, and other documents, relating to a Trade Union, at its registered office or may require their production at such place as he may specify in this behalf, but no such place shall be at a distance of more than ten miles from the registered office of a Trade Union.] ______________________ 1. Substituted by Act 38 of 1964, section 6, for "March" (w.e.f. 1-4-1965). 2. Substituted by Act 38 of 1964, section 2, for "officer" (w.e.f......
View Complete Act 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
.....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 .....
View Complete Act 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
.....- No action for infringement of unregistered trade mark Section28 - Rights conferred by registration Section29 - Infringement of trade marks Section30 - Acts not constituting infringement Section31 - Registration to be prima fade evidence of validity Section32 - Registration to be conclusive as to validity after seven years Section33 - Saving for vested rights Section34 - Saving for use of name, address or description of goods Section35 - Saving for words used as name or description of an article or substance Chapter 5 Section36 - Power of registered proprietor to assign and give receipts Section37 - Assign ability and transmissibility of registered trade marks Section38 - Assignability and transmissibility of unregistered trade marks Section39 - Restrictions on assignment or transmission where multiple exclusive rights would be created Section40 - Restrictions on assignment or transmission when exclusive rights would be created in different parts of India Section41 - Conditions for assignment otherwise than in connection with the goodwill of a business Section42 - Assignability and transmissibility of certification trade marks Section43 - Assignability and.....
List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 29
Title: Infringement of Registered Trade Marks
State: Central
Year: 1999
.....intended to be used for labelling or packaging goods, as a business paper, or for advertising goods or services, provided such person, when he applied the mark, knew or had reason to believe that the application of the mark was not duly authorised by the proprietor or a licensee. (8) A registered trade mark is infringed by any advertising of that trade mark if such advertising-- (a) takes unfair advantage of and is contrary to honest practices in industrial or commercial matters; or (b) is detrimental to its distinctive character; or (c) is against the reputation of the trade mark. (9) Where the distinctive elements of a registered trade mark consist of or include words, the trade mark may be infringed by the spoken use of those words as well as by their visual representation and reference in this section to the use of a mark shall be construed accordingly.
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