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Aphali Pharmaceuticals Ltd. Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Subject : Excise

Acts : Companies Act; Medicinal and Toilet Preparations (Excise Duties) Act, 1955 - Sections 2, 3 and 19(2); Medicinal and Toilet Preparations (Excise Duties) (Amendment) Act, 1961; Drugs Act, 1940 - Sections 3; Finance Act (No. 2), 1962 - Sections 18; Seventh Schedule to the Government of India Act, 1935; Drugs (Amendment) Act, 1955; Drugs and Cosmetics (Amendment) Act, 1964 - Sections 33A; Drugs Control Act, 1950; Patent Act, 1970; Trade and Merchandise Marks Act, 1958 - Sections 81; Drugs (Amendment) Act, 1961; Finance Act, 1964; Drugs Rules; Medicinal and Toilet Preparations (Excise Duties) Rules, 1956 - Rule 8, 64, 65 and 66; Drugs Control Ordinance, 1949; Indian Patents and Designs Act, 1911

Reported in : AIR1989SC2227

respect of which a patent is in force. 'Patent' means a patent granted under the Indian Patents and Designs Act, 1911, and now the Patent Act, 1970. A patent medicine will, therefore, mean medicine in respect of which a … in the various States shall be recognised as standard Ayurvedic pharmacopoeias.' Rule 66 classified the preparations containing self-generated alcohol for purposes of levy of duty. … 2(i) was re-numbered as item 3(i) of the Schedule as amended by the Amendment Act of 1961.5. By Section 18 of the Finance Act, 1962, the Act was further amended by substitution of an Explanation No. 1

Umacharan Shaw and Bros. Vs. Commissioner of Income-tax, West Bengal

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 26A

Reported in : [1959]37ITR271(SC)

that it had not proceeded on the ground that the partnership was illegal being against the Bengal Excise Act, 1911, the argument was referred to as supporting the conclusion that the firm was not genuine Section 42(1) (a) … and/or severally by the partners.'15. It is contended that these provisions were designed to created a veneer of partnership for income-tax purposes, while the joint … Act. The order of the High Court was passed rejecting summarily an application by the appellant firm under section 66(2) of the Act. The present judgment shall dispose of both the appeals.2. The facts of the case are

Heemanshu Traders Vs. Delhi Electricals

Court : Delhi

Subject : Civil

Acts : Limitation Act, 1963 - Sections 5; Code of Civil Procedure (CPC), 1908 - Sections 149; Court fees Act, 1870 - Sections 28

Reported in : ILR1975Delhi653; 1976RLR225

a patent action transferred to the High Court under proviso to Section 29 of the Indian Patents and Designs Act, 1911. The judgment was announced on July 22, 1974. After taking into account the time spent in obtaining certified

New Delhi Municipal Committee Vs. the Punjab National Bank Limited

Court : Delhi

Subject : Municipal Tax

Acts : Punjab Municipal Act, 1911 - Sections 61

Reported in : ILR1986Delhi292

in that year can be added to the list by amendment under Section 67 of the Punjab Municipal Act, 1911 in the year for which house-tax is payable. The question involves the interpretation of Sections 61 to 68 … and that the assessment in question was made by amendment under Section 67 of the list settled under Section 66 for the year 1959-60 by inserting the suit property in the said list on the ground that the … street oi division in which the property is situated ; . (B)the designation of the property, either by name or by number sufficient for identification

Microforms Inc Vs. Girdhar and Co. and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13(1), 14, 15, 15(2), 40, 48 and 51; ;Designs Act, 2000 - Sections 2 and 2(5); Designs Act, 1911; ;Trade and Merchandise Marks Act, 1958 - Sections 2 and 2(1); ;Patents Act; ;Indian Penal Code (IPC), 1860 - Sections 479; ;Copyright Act, 1957 - Sections 15

Reported in : 128(2006)DLT238; 2006(32)PTC157(Del)

registration of designs in India under the provisions of the said Act or the predecessor Act being the Designs Act, 1911 (hereinafter referred to as the Designs Act, 1911) The plaintiff having failed to complete the requisite formalities under … The plaintiff has claimed that the artistic work constitutes original artistic work as defined within the meaning of Section 2(c) of the Copyright Act. The plaintiff also claims that it enjoys copyright protection in India as a

Microfibres Inc. Vs. Girdhar and Co. and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 6, 11, 13, 13(2), 14, 15, 15(1), 15(2), 16, 22, 40, 63, 67; Copyright Act, 1967 - Sections 15; Designs Act, 2000 - Sections 2, 4, 11(2), 12 and 19(1); Design Act of 1911 - Sections 2(5); Patent and Designs Act; Patent Act; Trade Marks Act; U.K. Designs Act, 1949 - Sections 1(3); Trade and Merchandise Marks Act, 1958 - Sections 2(1); Indian Penal Code (IPC) - Sections 120B, 415, 420 and 479; New Design Rules, 2001; Copyright Law

Reported in : LC2009(2)229; 2009(40)PTC519(Del)

not extinguished by virtue of Section 15(2) of the Copyright Act, 1957. g. 'Design' as defined by the Designs Act, 1911 as well as the Designs Act, 2000; means only the features of shape, configuration, pattern or ornament applied … be registrable under the Designs Act, 2000. Reliance for the purpose has been placed upon paragraphs 65 and 66 of the learned Single Judge' s judgment. J. The appellant' s case is not that the work in

Mattel, Inc. and ors. Vs. Mr. Jayant Agarwalla and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trademarks Act, 1999 - Sections 11(6), 27, 29 and 36; Copyright Act, 1957 - Sections 2, 14, 15 and 15(2); Designs Act, 2000 - Sections 2, 6, 15(2) and 47(2); Patents Act, 1970 - Sections 3; Designs Act, 1911; Lanham Act; Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2; Designs Rules, 2001 - Rule 10

Reported in : 153(2008)DLT548; LC2008(3)298; 2008(38)PTC416(Del)

is provided under the Designs Act, 2000, which came into force from May, 2001 and repealed the earlier Designs Act, 1911. An important and relevant aspect is that both under the old Act and the new Act, fabric designs … www.scrabble.com and www.mattelscrabble.com. The plaintiffs claim that mark SCRABBLE has become a well-known trademark within the meaning of Section 11(6) of the Trademarks Act, 1999. It is stated that the plaintiffs have made sales to the tune

Music Broadcast Private Limited Vs. Indian Performing Right Society

Court : Mumbai

Subject : Intellectual Property

reads as follows: "15. Special provision regarding copyright in designs registered or capable of being registered under the Designs Act, 1911. - (1) Copyright shall not subsist under this Act in any design which is registered under the Designs … the plaintiff's case though only to the extent I have already indicated. 66. Mr. Seervai relied upon the following passage from Nimmer On Copyright Vol.I … operate and maintain FM radio stations at various places in India. The defendant, a Copyright Society constituted under section 33 of the Copyright Act, 1957 administers the rights of lyricists and composers and issues licences to perform

In Re: Major F.K. Mistry

Court : Chennai

Subject : Criminal

Reported in : (1949)2MLJ44

governed by the provisions of the Indian Army Act (Act VIII of 1911), which consolidated and amended the law relating to the Government of His … law or to postpone proceedings pending a reference to the Central Government. The fasciculus of sections beginning with Section 66 and ending with Section 71 gives ample justification for holding that the rights and powers of the ordinary … 1912. Section 31 of this Act is contained in Chapter V and it comes under a separate heading designated ' Disgraceful Conduct.' It states that any person subject to the Indian Army Act who commits any one

N.P. Amrutesh and Another Vs. State of Karnataka and Others

Court : Karnataka

Subject : Constitution

Acts : Constitution of India - Articles 51A and 226; Emblems and Names (Prevnetion of Improper Use) Act, 1950 - Sections 3; Prevention of Insults to National Honours Act, 1971 - Sections 2; Constitutional Amendment Act, 1976 - Article 129; Indian Trade Marks Act, 1940; Indian Patents and Designs Act, 1911 - Sections 4, 5, 6 and 9,; Indian Merchandise Marks Act, 1889; Indian Companies Act, 1913; High Couort Judges (Service Conditions) Act, 1986; National Flag Code - Sections 7, X

Reported in : AIR1995Kant290; 1996(6)KarLJ464

offend the sentiments of the people. The provisions of the Indian Trade Marks Act 1940, Indian Patents and Designs Act, 1911, Indian Merchandise Marks Act, 1889, and the Indian Companies Act, 1913, are not adequate to prevent these abuses. … responsibility towards public at large and to come forward to espouse the cause of many persons of weaker section who could not come to Court to agitate their rights enshrined under Art. 25 of the Constitution of