Court : Mumbai
Decided on : Sep-19-2008
Reported in : 2009(1)BomCR862; (2008)110BOMLR3175; 2009(2)MhLj302; LC2008(3)286
..... was filed before the district court along with application for temporary injunction under order 39 rule 1 and 2 of the code of civil procedure for violation the copyrights act 1957 and the trade marks act 1999. the respondent manufactures country liquor under the brand and label as 'sakhu santra'.4. the learned counsel appearing for the appellant shri. s.s. deo submitted that ..... to meaning of copyright. circumstances resulting in infringement of copyright are mentioned in section 51 of the act.9. section 2 of the trade marks act, 1999 refers to the definitions and interpretations of words appearing in the act. clause (zb) of section 2 defines 'trade mark'. the effect of registration of trademark is taken into consideration under chapter iv. section 27(2) mentions that nothing .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-08-2008
Reported in : 2009(1)MhLj97
..... 2nd november, 2007 in criminal writ petition no. 89 of 2007 (kalpana kutty v. state of maharashtra), while dealing with the provisions under section 51 of the copyright act, it being a cognizable offence and while dealing with the grievance of the petitioner in the petition regarding nonregistration of fir, after referring to the judgment of the ..... procedure adopted in court, imputations on character and course of justice, pre charge consultation between the investigators and duty of prosecutors. (criminal justice and public order act 1994 - 1994 chapter 33- http://www.opsi.gov.uk/) 83. guidelines in accordance with the very law in relation to making a report read as under:how to make a ..... provisions of code or judicial dictum have provided to the contrary. the emphasis of the full bench in the case of laxminarayan (supra) had been on chapter xii and chapter xiii to xv which obviously includes even section 154 of the code.11. it will be useful to refer to the provisions of section 154, with .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-24-2008
Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951
..... in question (published in the bombay government gazette)l in the year 1956 and 1957 were expressly in respect of 'forest' (not 'lands'); it is submitted that after the insertion of section 34a (interpretation clause in chapter v by the bombay act 62 of 1948) - by which act the expression 'or land' were also expressly deleted in section 35(3), ..... notice under section 35(3) of the 1927 act being issued as far back as in 1957, no effect can be given to them. there is nothing like stale, old, obsolete or non surviving notice. the 1927 act was applicable till the appointed day. the 1927 act had chapter v in it. chapter v being repealed with effect from the appointed day ..... by act 29 of 1975, then, whenever the notices may .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-16-2008
Reported in : 2008(6)ALLMR352; 2008(6)MhLj886
..... civil manual:the other relevant provisions of civil manual are:(2.2) the bombay civil manual also makes provision for production and marking of documents as exhibits. chapter 27 thereof contains the following provisions:paragraph 552(1). all documents tendered in evidence shall be accompanied by a list in the form given as nos. 5 ..... several cases by various high courts including high courts of madras and andhra pradesh, see (1955) 1 mlj 457, a. devasikamani goundar v. andamuthu goundar and air 1957 a.p. 60, n.s. sastri v. n. lakshmidevamma.the privy council in another judgment in the case of gopal das v. sri thakurji held that the ..... and substantial justice. the humanist rule that procedure should be the handmaid, not the mistress, of legal justice compels consideration of vesting a residuary power in judges to act ex debito justitiate where the tragic sequel otherwise would be wholly inequitable - justice is the goal of jurisprudence processual, as much as substantive. see sushil kumar sen .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-10-2008
Reported in : 2008(5)ALLMR565; 2008(6)BomCR59; (2008)110BOMLR2370
..... on its original side will prevail over the provisions of civil procedure code in the event of conflict. it was held that bombay high court, original side, rules, 1957 having been enacted in furtherance to section 129 of the 1882 code having a non obstante clause will prevail over the provisions of the civil procedure code as it is ..... 13 for setting aside the decree was filed which was dismissed and thereafter an application was made by the tenant under section 28 of the calcutta thika tenancy act who prayed for assignment of the decree. while determining the plea of res judicata, the court squarely dealt with the question whether the interlocutory orders which were ..... concerned. this has to be ascertained on the facts of each case.15. adverting to the facts of this case, section 17b of the i.d. act confers valuable rights on the workmen and correspondingly imposes an onerous obligations on the employer. the order in question passed by the learned single judge determines the entitlement .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-05-2008
Reported in : 2008(4)ALLMR663; (2008)110BOMLR1730
..... no. 3 is a lessee under a statutory lease exercising governmental or public functions. 3. it is because respondent no. 3 performs governmental functions that chapter va of the said act applies to it and it can just like government use summary procedure to evict unauthorized occupants on the area leased to it without following the rigor of ..... tenants for commercial use of some of the space available in the projected 'garage building.' the public was invited to bid for these leases.' he noted that in 1957 a private lease for 20 years was made with eagle coffee shoppe for use as a restaurant, dinning room, banquet hall, cocktail lounge and bar. then, in ..... respondent no. 3 is a lessee under a statutory lease exercising governmental or public functions. it is because respondent no. 3 performs governmental functions that chapter va of the said act applies to it and it can just like government use a summary procedure to evict unauthorized occupants on the area leased to it without following the .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-04-2008
Reported in : 2008(6)MhLj101
..... passed. it is admitted fact that, on 10-7-2007, petitioner has filed appeal before appellate authority as per chapter v of the nanded sikh gurudwara sachkhand shri hazur apchalnagar sahib act, 1956 (hereinafter referred to as the act of 1956, for the sake of brevity). a copy of appeal memo is annexed with petition. appeal memo shows ..... in the region commonly known as marathwada region - came to be attached to the then bombay state and accordingly, the rules of 1956 were framed by the then bombay state.chapter iv of the rules of 1956 pertains to powers of ..... powers conferred by section 61 of the act of 1956, the then government of bombay, framed rules viz. 'the nanded sikh gurudwara sachkhand shri hazur apchalnagar sahib rules, 1958' (hereinafter referred to as the rules of 1958, for the sake of brevity). on account of state reorganization in the year 1957, five districts - which were falling .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-25-2008
Reported in : 2009ACJ585; 2008(6)MhLj941
..... matters indicated in that section and in particular, the procedure to be followed by a claims tribunal in holding an inquiry under the said chapter xxvi and in terms of section 176(c) of the act, the powers vested in a civil court which may be exercised by a claims tribunal.22. in exercise of its power vested in ..... the division bench. in this connection, learned counsel placed reliance on a decision of this court in the case of garikapatti veeraya v. n subbiah choudhury reported in 1957 scr 488 and submitted that the appeal is vested right and it cannot be taken away. alternative submission was if clause 15 does not apply, appeal lies under ..... by a subsequent enactment if so provided expressly or by necessary intendment and not otherwise.18. the supreme court in the case of garikapati veeraya v. n subbiah choudhry : [1957]1scr488 , spelt out the five propositions as precepts to right of appeal. the formulated propositions read as under:(i) that the legal pursuit of a remedy, suit, appeal .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-10-2008
Reported in : 2009(2)BomCR183
..... court must, therefore, consider the plaintiffs case of negligence as undefended to that extent.74. wlnfield and jolowics on tort, thirteenth edition at page 12s in the chapter of 'breach of duty' considers the doctrine of res ipsa loquitur thus:there are certain happenings that do not normally occur in the absence of negligence, and upon ..... that the course in fact adopted is one no professional man of ordinary skill would have taken had he been acting witii ordinary care.48. the case of (bolam v. friern hospital management committee) 1957(2) all elr 118 : 1957(1) w.l.r. 582, is the test case followed in a number of english as well as indian ..... -action with regard to extraction of urine at appropriate time.45. upon the aforesaid factual position, it will have to be seen whether any of the following acts of the defendant constitutes negligence:(i) performing cervical sympathectomy upon the deceased.(ii) performing embolectomy when the conventional therapy did not cause the spasm to recede.(iii) .....
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