Court : Intellectual Property Appellate Board IPAB
..... applicant did not plead invalidity of the said registration before the trial civil court which as per the provisions of section 124 of the trade marks act, 1999, is the condition precedent to filing the application before this ..... it is submitted that the respondent is the registered proprietor of the impugned trade sidhmola under no.948623 as of 18.03.2000 and had taken the defence of the said registration before the court of the additional district judge, delhi in the civil suit already pending before filing the present application by the applicant against the respondent, in respect of the respondents composite trade mark consisting of ..... miscellaneous petition no.190/2009 filed by the respondent in the main rectification application seeking directions of this board for amending the counter statement filed to the main ..... on perusal of both the miscellaneous petitions, it is clear that it is only to rectify the defects stated in the order no.78/2009 that nothing was pleaded and no documents placed, the petitioner has filed a petition for pleadings those statements and to place the ..... circumstances, which already exist on the judicial record of the said civil suit, the present application cannot be entertained and tried by this honble ..... miscellaneous petition no.190/09 has been filed for amendment of the counter statement by adding the following paragraph 4 after ..... the appellate board though not bound by the procedure of the civil code, in the interest of natural justice the principles are .....
Tag this Judgment!Court : Punjab and Haryana
..... civil writ petition no.8622 of 2013 -3- the claim having been repudiated respondent/daljit kaur- widow of the deceased life assured instituted an application under section 22-c of the legal services authorities (amendment) act, 2002, (for short the act ..... ananto and another; 2007(10) scc 74.holding that the pla can be approached under section 22-c(1) of the act at the pre- litigation stage and having received applications and invited written statements and documents or evidence in support of either party, it can commence conciliation proceedings under sub section (4) and (5) of section 22-c of the act in order to assist the parties to reach an amicable settlement of the dispute in an independent ..... the petitioner deserve to be examined from the stand point of a stand alone single premium policy with no spill over and consequently i find no civil writ petition no.8622 of 2013 -8- perversity in the decision making process or in the ultimate deposition meted out by the pla pus. ..... there is a passing reference in the repudiation letter that the life assured underwent medical examination on 20.7.2009 and in the investigation carried out by the petitioner-company revealed that there was impersonation by the life assured with intent to cheat and defraud the insurance company; the company reserves its ..... as ex.rw-1/a together with other documents in defence including copy of the judgment dated 4.1.2012 ..... m/s pooja trading company was obtained and placed on record in defence disclaiming employment. .....
Tag this Judgment!Court : Madhya Pradesh
..... no.742/2009 (12) envisaged under section 12(1)(a) of the act and this ground can be adjudicated by the civil court only ..... merits in the contention of learned counsel for appellant that no eviction decree can be passed under section 12(1)(a) of the act for the simple reason that after having fixed the provisional rent @rs.500/- per month the tenant in the stipulated time has deposited the entire arrears of rent and is also depositing monthly rent regularly as envisaged under section 13 of the act and if that would be the position according to me the defendant is far away from the ..... the impugned judgment and decree passed by learned trial court decreeing the suit on the ground envisaged under section 12(1)(a) of the act is set aside and suit of plaintiff on that count is hereby dismissed. ..... judgment (delivered on this 17th day of january, 2013) feeling aggrieved by the judgment and decree dated 12.10.2009 passed by learned first additional district judge, khurai district sagar in civil suit no.97-a/2006 whereby the suit of plaintiff for eviction on the ground envisaged under section 12(1) (a) and (f) of m.p. ..... hence, the application under order vi rule 17 cpc to amend the written-statement as well as application under order xli rule 27 cpc are hereby rejected ..... according to me, under rule 21 of order xi a suit can be dismissed or the defence can be struck off when there is an order of this court under order xi rule 1, rule 12 and rule 15 cpc and not under order xi rule 14 cpc .....
Tag this Judgment!Court : Madhya Pradesh
..... 17th day of january, 2013) feeling aggrieved by the judgment and decree dated 12.10.2009 passed by learned first additional district judge, khurai district sagar in civil suit no.95-a/2006 whereby the suit of plaintiff for eviction on the ground envisaged under section 12(1) (a) and (f) of m.p. ..... contention of learned counsel for appellant that no eviction decree can be passed under section 12(1)(a) of the act for the simple reason that after having fixed the provisional rent @rs.500/- per month the tenant in the stipulated time has deposited the entire arrears of rent and is also depositing monthly rent regularly as envisaged under section 13 of the act and if that would be the position according to me the defendant is far ..... by learned trial court decreeing the suit on the ground envisaged under section 12(1)(a) of the act is set aside and suit of plaintiff on that count is hereby dismissed ..... chaman paswan and others air 195.sc 340.learned has also put emphasis to sections 15 and 99 of cpc and has submitted that a suit is to be filed in a court having lowest valuation and further since valuing the suit on lower side goes to the root of the matter ..... according to me, under rule 21 of order xi a suit can be dismissed or the defence can be struck off when there is an order of this court under order xi rule 1, rule 12 and rule 15 cpc and not ..... under order vi rule 17 cpc to amend the written-statement has been filed raising ..... order vi rule 17 cpc to amend the written-statement as well as .....
Tag this Judgment!Court : Madhya Pradesh
..... in the contention of learned counsel for appellant that no eviction decree can be passed under section 12(1)(a) of the act for the simple reason that after having fixed the provisional rent @rs.500/- per month the tenant in the stipulated time has deposited the entire arrears of rent and is also depositing monthly rent regularly as envisaged under section 13 of the act and if that would be the position according to me the defendant is far away from ..... i may add that instant suit has also been filed for eviction on the ground envisaged under section 12(1)(a) of the act and this ground can be adjudicated by the civil court only. ..... judgment and decree passed by learned trial court decreeing the suit on the ground envisaged under section 12(1)(a) of the act is set aside and suit of plaintiff on that count is hereby dismissed. ..... chaman paswan and others air 195.sc 340.learned has also put emphasis to sections 15 and 99 of cpc and has submitted that a suit is to be filed in a court having lowest valuation and further since valuing the suit on lower side goes to the root of the matter and hits the pecuniary ..... hence, the application under order vi rule 17 cpc to amend the written-statement as well as application under order xli rule 27 cpc are hereby ..... (delivered on this 17th day of january, 2013) feeling aggrieved by the judgment and decree dated 12.10.2009 passed by learned first additional district judge, f.a. ..... me, under rule 21 of order xi a suit can be dismissed or the defence can be f.a. .....
Tag this Judgment!Court : Delhi
..... . the full bench took the view that the trial of the claim in the alternative in one suit would tend to avoid a multiplicity of suits, in compliance with section 42 of the code of civil procedure, which provides that every suit shall, as far as practicable, be so framed as to afford ground for a final decision upon the subjects in dispute , and so to ..... . kiran appaso swami that the courts should adopt a liberal approach in the matter of amendment of the written statement than that of amendment of plaint and even such amendment of written statement which has the effect of addition of a new ground of defence or substitution or alteration of defence or taking inconsistent pleas in the written statement can also be allowed and the fact that the admission/denial of documents and issues are yet to be ..... sought to amend his written statement by taking the stand that he was a licensee for monetary consideration who was deemed to be a tenant as per the provisions of section 15-a of the bombay rents, hotel and lodging house rates control act, ..... the backdrop facts leading to filing of the above captioned appeal are that on april 08, 2009 the appellant filed a suit being cs (os) no.653/2009 on the original side of this court inter-alia praying for a decree of permanent injunction restraining the respondent no.1 or any other person acting under its authority from using the trade mark heritage as part of its trade name indian heritage select/indian heritage/heritage select in relating .....
Tag this Judgment!Court : Delhi
..... we also hold that the case of the defendant does not come within the proviso to section 115 of the code as added by the amendment act. ..... third application which is also filed by the plaintiffs, under order vii, rule 14 read with section 151 cpc is for filing the additional documents to disprove the case of the defendant. ..... the defence set-out by the defendant in the written statement is that the suit properties were orally cs(os) no.1848/2009 page no.6 of 11 partitioned by late shri h.c.kaushik during his lifetime ..... raghuraj singh, vi-1995(2) current civil cases, 606 (patna), the relevant para of which reads as under:- "5 ..... 4327/2011 filed by plaintiffs, under order vii, rule 14 read with section 151 cpc, and (iv) i.a. ..... 16735/2010 filed by the plaintiffs, under section 151 cpc, (iii) i.a. ..... , the provisions of order 18, rule 1 of the code of civil procedure are attracted. ..... 8387/2011 filed by plaintiffs, under order xviii, rule 1 read with section 151 cpc. ..... 3742/2010 filed by the defendant, under order xi, rules 12 and 14 read with section 151 cpc, (ii) i.a. ..... the court commissioner cs(os) no.1848/2009 page no.10 of 11 will make endeavour to complete the evidence within the period of 6-9 ..... high court of delhi: new delhi judgment pronounced on: 13.12.2011 + cs(os) no.1848/2009 vikram kaushik and anr ..... ..... a general rule, the plaintiff has to prove his claim by positive proof, but the court has to see whether there is a proof of claim before it need enquire to the truth or otherwise of the defence. .....
Tag this Judgment!Court : Kerala
..... . the term work also now exists in the definition of the employee under section 2 (e) of the payment of gratuity act, after the amendment effected in the year 2009, which reads as follows: employee means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual ..... not come within the purview of employee under section 2(9) of the act, the employees insurance court in many cases held that definition of the term workman under section 2(s) of the id act or that of the employee under section 2(e) of the payment of gratuity act or that of the employee under section 2(i) of the minimum wages act would not be applicable, as there was a wider definition in so far as employees insurance act was concerned, thus holding that the ..... . anyhow, since this court has already observed that the prior approval given by the central government to the state government to issue notification under section 1(5) of the employees state insurance act is pursuant to a conscious decision as to the necessity to extend the provisions of the act to such institution, the notification issued by the state government cannot be assailed in any manner; more so when the notification is not produced or ..... are now passed by all the civilized countries providing for such a machinery the act with which we are concerned in this case is an act which has been brought into ..... judgment in civil appeal ..... .), slp (civil) 35821 /2013 ((air .....
Tag this Judgment!Court : Supreme Court of India
..... teachers association (supra), therefore, led the parliament to amend the definition of "employee as defined in section 2 (e) of the payment of gratuity act by amending act no.47 of 2009 on 31.12.2009 with retrospective effect from 03.04.1997.26. ..... teachers association (supra), the parliament amended the definition of the word employee as defined in section 2(e) of the payment of gratuity act, 1972 by amending act no.47 of 2009 on 31.12.2009 with retrospective effect from 03.04.1997. ..... in the light of the amendment made in the definition of the word employee as defined in section 2(e) of the act by amending act no.47 of 2009 with retrospective effect from 03.04.1997, the benefit of the payment of gratuity act was also extended to the teachers from 03.04.1997. 16 ..... ) 1 scc755on which the reliance was placed for allowing the appeal necessitated the parliament to amend the definition of employee under section 2(e) of the payment of gratuity act by amending act no.47 of 2009 with retrospective effect from 03.04.1997. ..... the hon'ble supreme court in its judgment in civil appeal no.6369 of 2001, dated the 13th january, 2004, in ahmedabad private primary teachers' association ..... reportable in the supreme court of india civil appellate jurisdiction civil appeal no.2530 of2012birla institute of technology .appellant(s) versus the state of jharkhand & ..... as a consequence, the appeal (civil appeal no.2530 of 2012) is restored to its original number for its disposal on merits in accordance with law .....
Tag this Judgment!Court : Chhattisgarh
..... , dated the 3rd day of april, 1997 and the said notification shall be valid and shall be deemed always to have been valid as if the payment of gratuity (amendment) act, 2009 had been in force at all material times and the gratuity shall be payable accordingly: provided that nothing contained in this section shall extend, or be construed to extend, to affect any person with any punishment or penalty whatsoever by reason of the non payment by him of the gratuity during the ..... ((2004) 1 scc 755) definition of employee has been amended by the parliament by the payment of gratuity (amendment) act, 2009 and new definition of employee has been brought into force and that has been given effect from 3.4.1997 and educational institution has been brought within the purview of the act of 1972 and therefore, respondent no.5/retired teacher would come within the definition of employee as defined in section 2(e) of the act of 1972 and as such, the appellate authority has rightly ..... the hon ble supreme court in its judgment in civil appeal no.6369 of 2001, dated the13th january, 2004, in ahmedabad private primary teachers association vs. .....
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