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Rotela Auto Components (P) Ltd. and anr. Vs. Jaspal Singh and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 4, 9, 10(4), 19, 22, 22(2), 22(3) and 38; Designs Act, 1911 - Sections 51A and 53; Patents Act - Sections 64 and 107

Reported in : 95(2002)DLT830

that plaintiffs are manufacturing unique and distinctive locks since the period of its registration under the provisions of Designs Act, 2000. Some of the salient features of the plaintiffs Top Open Locks are as under:-a) Top View: (i) It … the identical or deceptively similar designs by defendants amounts to an act of piracy within the meaning of Section 22 of the Designs Act, 2000 and the defendants cannot have any justification to adopt the plaintiffs' distinctive … of the design. Russell-Clarke in Copyright in Industrial Design, 4th Edition, pages 41-42 says that:-'.....It is sufficient, and there will be publication if the knowledge

Ashok and Another Vs. Mahila Vikas Mandal

Court : Mumbai Nagpur

Subject : Education

the application filed by the petitioners/applicants under Section 41 of The Juvenile Justice (Care and Protection of Children) Act, 2000, (for short, “the said Act”) for grant of permission to give abandoned female child, was rejected. 3. The … have been abandoned or surrendered to orphanage. The orders are required to be passed by the competent authority designated for the purpose in keeping with the guidelines for adoption issued by the appropriate Government either on behalf

Win Plast Ltd. Vs. Symphony Ltd.

Court : Gujarat

Subject : Land Acquisition

2 of 2015 by this High Court (Coram: S.R. Brahmbhatt, J.) dated 5.5.2015 in a matter under the Designs Act, 2000 regarding the infringement, etc. on the grounds stated in the Memo of the Appeal. 2. It is contended, … to appreciate that the High Court of Gujarat had no jurisdiction to try and entertain the suit under sec. 22 of the Designs Act, 2000 read with sec. 20 of the Civil procedure Code, 1908 as it … the judgment of the Hon'ble Apex Court reported in (2006) 9 SCC 41 in the case of Dhodha House v. S.K. Maingi and emphasised the

Carlsberg Breweries a/S vs.som Distilleries and Breweries Limited

Court : Delhi

Subject : Intellectual Property

of its product, viz. beer, under the brand “TUBORG”, design whereof is registered under the provisions of the Designs Act, 2000. The novelty of the applicant’s registered design resides in the shape and configuration of the bottle.3. The plaintiff … a fraudulent imitation of the plaintiff’s registered bottle design which is liable to be injuncted by virtue of section 22 of the Designs Act, 2000. He submits that the copy must be a fraudulent or obvious imitation … to him. I.A. No.10972/2015 in C.S. (OS) No.1485/2015 Page 24 of 119 41. Mr. Chandra submits that the features already enumerated herein above, and the

Marico Limited a Company Registered Under the Companies Act, 1956 Vs. ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Designs Act, 2000; Trade and Merchandise Marks Act, 1958 - Sections 2(1); Copyright Act, 1957 - Sections 2, 11, 19, 19(2), 19(3), 22, 22(3), 22(4) and 44(1); Designs Act, 1949 - Sections 1, 1(1) 1(2), 2(1) and 44; Code of Civil Procedure (CPC) - Sections 43 - Order 41, Rule 22(1); Indian Penal Code (IPC) - Sections 479

Reported in : AIR2008Bom111; 2008(3)BomCR659; (2008)110BOMLR638; 2008(37)PTC109(Bom)

e) Polar Industries Ltd. v. Usha International Ltd. and Ors. : (2000)2CALLT162(HC) 10. The relevant provisions of the Designs Act-2000, (for short, 'The Act') are as under:2. Definitions:....a) 'article' means any article of manufacture and any substance, artificial, … view of the Apex Court Judgment (Ravinder Sharma) (supra) based upon Order 41 Rule 22(1) of the Civil Procedure Code. (C.P.C.). Even otherwise, there is … mechanical device, and does not include any trade mark as defined in Clause (v) of Sub-section (1) of Section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) or property mark as defined in

Tracators and Farm Equipment vs Standarad Corpn. India Ltd.

Court : Chennai

is raised by stating that the copyright in any design, which is capable of being registered under the Designs Act, 2000 (the Designs Act) but was not so registered, shall cease as soon as the article to which the … similarity.13. By referring to the cross examination of PW2, particularlyquestions and answers 41 to 43 and 48 to 49, learned counsel submitted that PW2 stated … filed under Order IV Rule 1 of Original Side Rules and Order VII Rule 1 CPC read with Sections 51, 55 and 62 of the Copyrights Act, 1957 praying that this Court may be pleased to grant

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)

that the learned Single Judge held that the designs in question were capable of being registered under the Designs Act, 2000 and consequently the appellant was not entitled to seek protection under the copyright law as the designs had … Dart Industries Inc. and FAO (OS) No. 447/2008 filed by Mattel Inc., on the question of interpretation of Section 2(c) of the Copyright Act read with Section 2(d) of the Designs Act and Section 15(2) of the … committed an offence of cheating and fraud within the meaning of Section 415 & 420 read with Section 120B IPC..10. The learned senior counsel summarized

N.D.M.C. and ors. Vs. Tanvi Trading and Credit Pvt. Ltd. and ors.

Court : Supreme Court of India

Subject : Property

Acts : New Delhi Municipal Council Act, 1994 - Sections 216, 217, 235, 241, 241(2), 245, 245(2), 254 and 256; Delhi Development Act, 1957 - Sections 3, 7, 8, 8(2), 9, 11, 12 and 41; Transaction of Business Rules, 1961 - Rule 12; General Clauses Act, 1897 - Sections 14 and 21; Constitution of India - Articles 73 and 226

Reported in : 152(2008)DLT117(SC); JT2008(10)SC109; 2008(11)SCALE742; (2008)8SCC765

High Court of Delhi at New Delhi in C.W.P. No. 4154 of 2000, whereby it is held that the order rejecting building plans submitted by … resolve the controversy raised in the appeals, it would be advantageous to reproduce Article 73 of the Constitution, Section 41 of the DD Act of 1957, as well as Sections 235 and 241 of the NDMC Act, 1957.Article … high rise constructions in Delhi should continue to be regulated subject to compliance with conditions of detailed urban design clearance, fire fighting requirement and requirements under other provisions like the Master Plan, Zoning Regulations, Building Bye-Laws etc.

Kennedy Vs. the Charity Commission

Court : UK Supreme Court

Subject : Right to Information

on the Charity Commission's performance of its role. It also concerns the relationship between the Freedom of Information Act 2000 ("the FOIA") and the statutory and common law position regarding the disclosure of information outside the scope of … 34, information where necessary to avoid an infringement of the privileges of either House of Parliament; and, under section 41, information obtained by the public authority from any other person (including another public authority), where the disclosure of … about the statement published in June 2004. Later, however, he sought information designed to elucidate issues, raised by the statement, in relation to the way

Larsen and Toubro Limited Vs. State of Jharkhand and ors.

Court : Jharkhand

Subject : ConstitutionCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 11; Bihar Finance Act, 1981 - Sections 25A; Constitution of India - Article 366(29A); Finance Act, 1987; Jharkhand Finance Act, 2001 - Sections 25A(1)

Reported in : [2004(3)JCR455(Jhr)]; [2005]140STC134(Jharkh)

established that the sub-contractor has included the payment receipt from the contractor in his returns,(iv) Labour and services, designs, programmes, establishments, consumable articles, water, electricity etc. and also on the machines and equipments hired on rent. All … Bihar without success.2. The decision of the Patna High Court was rendered on 19.7.1999. On 15.11.2000, the Bihar-Reorganisation Act, 2000 came into force and the State of Bihar was divided into re-constituted State of Bihar and the State … sale. The Patna High Court in the decision reported in 117 STC 41, upheld the challenge of the petitioner. Of course, the extent to which … P.K. Balasubramanyan, C.J.1. Section 25-A of the Bihar Finance Act, 1981 has been the subject matter