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Start Free TrialTrade and Merchandise Marks Act, 1958 [Repealed] Section 35
Title: Saving for Words Used as Name or Description of an Article or Substance
State: Central
Year: 1958
.....trade mark or (in the case of a certification trade mark) goods certified by the proprietor; or (b) that the article or substance was formerly manufactured under a patent, that a period of two years or more after the cesser of the patent has elapsed, and that the said word is the only practicable name or description of the article or substance, the provisions of sub-section (2) shall apply. (2) Where the facts mentioned in clause (a) or clause (b), of the proviso to subsection (1) are proved with respect to any words, then-- (a) for the purposes of any proceedings under section 56-- (i) if the trade mark consists solely of such words, the registration of the trade mark, so far as regards registration in respect of the article or substance in question or of any goods of the same description, shall be deemed to be an entry wrongly remaining on the register; (ii) if the trade mark contains such words and other matter, the tribunal in deciding whether the trade mark shall remain on the register, so far as regards registration in respect of the article or substance in question and of any goods of the same description, may, in case of a decision in favour of its remaining.....
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 36
Title: Saving for Words Used as Name or Description of an Article or Substance or Service
State: Central
Year: 1999
.....of a certification trade mark) in relation to goods or services certified by the proprietor; or (b) that the article or substance was formerly manufactured under a patent that a period of two years or more after the cesser of the patent has elapsed and that the said word is the only practicable name or description of the article or substance, the provisions of sub-section (2) shall apply. (2) Where the facts mentioned in clause (a) or clause (b) of the proviso to sub-section (1) are proved with respect to any words, then,-- (a) for the purpose of any proceedings under section 57 if the trade mark consists solely of such words, the registration of the trade mark, so far as regards registration in respect of the article or substance in question or of any goods of the same description, or of the services or of any services of the same description, as the case requires, shall be deemed to be an entry wrongly remaining on the register; (b) for the purposes of any other legal proceedings relating to the trade mark,-- (i) if the trade mark consists solely of such words, all rights of the proprietor under this Act or any other law to the use of the trade mark; or (ii) if.....
View Complete Act List Judgments citing this sectionChit Funds Act, 1982 Section 11
Title: Use of the Words "chit", "chit Fund", " Chitty or "kuri"
State: Central
Year: 1982
(1) No person shall carry on chit business unless he uses as part of his name any of the words "chit", "chit fund", "chitty" or "kuri" and no person other than a person carrying on chit business shall use as part of his name any such word. (2) Where at the commencement of this Act, (a) any person carrying on chit business without using as part of his name any of the words specified in sub-section (1); or (b) any person not carrying on chit business is using any such word as part of his name, he shall, within a period of one year from such commencement, add as part of his name any such word or, as the case may be, delete such words from his name: Provided that the State Government may, if it considers it necessary in the public interest or for avoiding any hardship, extend the said period of one year by such further period or periods not exceeding one year in the aggregate.
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 631
Title: Penalty for Improper Use of Words "limited" and "private Limited"
State: Central
Year: 1956
If any person or persons trade or carry on business under any name or title of which the word "Limited" or the words "Private Limited", or any contraction or limitation thereof, is or are the last word or words, that person or each of those persons shall, unless, duly incorporated with limited liability, or unless duly incorporated as a private company with limited liability, as the case may be, be punishable with fine which may extend to1[five hundred rupees] for every day upon which that name or title has been used. _________________________ 1. Substituted by Act 53 of 2000, Section 226, for "fifty rupees" (w.e.f. 13-12-2000).
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 2
Title: Substitution of Certain Words for the Words "high Court" and "court"
State: Central
Year: 2002
In the Patents Act, 1970 (39 of 1970) (hereinafter referred to as the principal Act), for the words "High Court" wherever they occur in sections 21, 43 and 71 and the word "Court" occurring in sections 21 and 71, the words "Appellate Board" and "Board" shall respectively be substituted.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 83
Title: When Words May Be Understood in Restricted Sense, and when in Sense Wider Than Usual
State: Central
Year: 1925
.....of B, including that portion of the farm which consists of marshlands in L. (ii) The testator (a sailor on ship-board) bequeathed to his mother his gold ring, buttons and chest of clothes, and to his friend, A (a shipmate) his red box, clasp-knife and all things not before bequeathed. The testator's share in a house does not pass to A under this bequest. (iii) A, by his Will, bequeathed to B all his household furniture plate, linen, china, books, pictures and all other goods of whatever kind; and afterwards bequeathed to B a specified part of his property. Under the first bequest is B entitled only to such articles of the testator's as are of the same nature with the articles therein enumerated,
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 100
Title: Words Expressing Relationship Denote Only Legitimate Relatives or Failing Such Relatives Reputed Legitimate
State: Central
Year: 1925
.....to "the children of B". B never had any legitimate child. C and D had, at the date of the Will, acquired the reputation of being children of B. After the date of the Will and before the death of the testator, E and F were born, and acquired the reputation of being children of B. Only C and D are objects of the bequest. (vi) A makes a bequest in favour of his child by a certain woman, not his wife. B had acquired at the date of the Will the reputation of being the child of A by the woman designated. B takes the legacy. (vii) A makes a bequest in favour of his child to be born of a woman who never becomes his wife. The bequest is void. (viii) A makes a bequest in favour of the child of which a certain woman, not married to him, is pregnant. The bequest is void.
View Complete Act List Judgments citing this sectionUnit Trust of India Act, 1963 (52 of 1963) Section 3A
Title: Prohibition Against the Use of Words "unit Trust", "unit" or "units" as a Part of the Name of Any Person Other Than the Trust
State: Central
Year: 1963
.....accordingly. (5) No Court shall take cognizance of any offence punishable under this section except upon a complaint in writing made by an officer of the Trust generally or specially authorised in writing in this behalf by the Trust and no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try such offence. Explanation.--For the purposes of this section,-- (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm.] _____________________________ 1. Inserted by Act 16 of 1975, Section 3 (came into force at once).
View Complete Act List Judgments citing this sectionMetro Railways (Amendment) Act 2009 Section 3
Title: Substitution of Words "metropolitan City" by Words "metropolitan City, Metropolitan Area and National Capital Region"
State: Central
Year: 2009
In the Metro Railways Act, for the words "metropolitan city" occurring in clause (h) of sub-section (1) of section 2, clause (c) of sub-section (1) of section 4 and clause (a) of sub-section (1) of section 32, the words "metropolitan city, metropolitan area and the National Capital Region" shall be substituted.
View Complete Act List Judgments citing this sectionInformation Technology (Amendment) Act 2008 Section 2
Title: Substitution of Words "digital Signature" by Words "electronic Signature".
State: Central
Year: 2008
.....Act, 2000 (hereinafter in this Part referred to as the 21 of 2000. principal Act), for the words "digital signature" occurring in the Chapter, section, subsection and clause referred to in the Table below, the words "electronic signature" shall be substituted. Table S. No. Chapter/section/sub-section/clause (1) clauses (d), (g), (h) and (zg) of section 2; (2) section 5 and its marginal heading; (3)/ marginal heading of section 6; (4) clauses (a), (b), (c) and (e) of section 10 and its marginal heading; (5) heading of Chapter V; (6) clauses (1) and (g) of section 18; (7) sub-section (2) of section 19; (8) sub-sections (1) and (2) of section 21 and its marginal heading; (9) sub-section (3) of section 25; (10) clause (c) of section 30; (11) clauses (a) and (d) of sub-section (1) and sub-section (2) of section 34; (12) heading of Chapter VII; (13) section 35 and its marginal.....
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