Judgment Search Results Home > Cases Phrase: copyright act 1957 chapter i preliminary Sorted by: old Page 97 of about 4,465 results (0.114 seconds)

Park N' Fly Inc. Vs. Dollar Park and Fly, Inc.

Court : US Supreme Court

..... that time it simply has deteriorated to the point where 7 percent of the documents are missing." hearing before the subcommittee on patents, copyrights and trademarks of the senate committee on the judiciary, 98th cong., 1st sess., 5 (1983). [ footnote 2/13 ] one treatise ..... follows: "except as expressly excluded in paragraphs (a), (b), (c), and (d) of this section, nothing in this chapter shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods in commerce. the ..... u.s.p.q. 499 (1955), aff'd, 44 c. c. p. a. 861 (pat.), 242 f.2d 776 (1957), but the latter case did not in fact involve the use of an incontestable mark in an enforcement action. the patent office in rand ..... we nevertheless affirm the decision below based on the "prior use" defense recognized by 33(b)(5) of the lanham act. alternatively, respondent argues that there is no likelihood of confusion and therefore no infringement justifying injunctive relief. the district court .....

Mohamed Samiullah Vs. Commissioner of Commercial Taxes

Court : Karnataka

Reported in : ILR1985KAR481; [1986]61STC107(Kar)

..... act provides for the first appeal under the act. section 22 provides for a second appeal to a tribunal constituted ..... . 54 of list ii (state list) of the seventh schedule to the constitution enacted the uniform act, thus repealing the corresponding laws in force in the different integrating areas. the act came into force on 1st october, 1957. 10. chapter iii of the act deals with the remedies of appeals and revisions under the act before the authorities and this court. 11. section 20 of the .....

Mysore Stoneware Pipes and Potteries Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Reported in : ILR1987KAR89

..... the petitioner for the second renewal of the mining lease in question?point no. 1 :7. section 8 of the mines and minerals (regulation and development) act, 1957 (hereinafter referred to as the 'act') deals with the periods for which mining leases may be granted or renewed. it reads thus :'(1) the period for which a mining lease may be ..... relates to the application for renewal of a mining lease. no doubt, rule 54 of the rules occurs in chapter vii of the rules relating to revision. there are only two rules i.e. 54 and 55 in this chapter. rule 54 provides for filing an application for revision and rule 55 provides for manner of disposal of the ..... , it must be held that there is a corresponding statutory obligation on the part of the state government to consider such application in accordance with the provisions of the act and the rules. in the instant case, the state government has without any reason failed to discharge the statutory obligation upto 22nd february, 1983 (annexure-f1). neither the .....

National Hotel and ors. Vs. Rukaiyabai and ors.

Court : Mumbai

Reported in : AIR1985Bom403; 1985(2)BomCR399; (1985)87BOMLR186; 1985MhLJ353

..... provided in hotel or a lodging house when the amount or value of the subject matter does not exceed rs. 3,000/- (2) proceedings under chapters vii and viii of the presidency small cause courts act. 1882, and(3) proceeding for execution of any decree or order passed in any such suit or proceedings, the court of small causes, bombay, ..... rules'. sub-rule (2) of rule-l of the said rules provides -'the portions of the civil p.c. act v of 1908 as modified in its application to the state of bombay up to the 30th dec.1957, specified in the 1st column of schedule hereto annexed shall, subject to the additions, alterations and modifications specified in the ..... , irrespective of the value of the subject-matter of such suits or proceedings. s. 42 provides for appeals. s. 43 provides-'in all suits, appeals and proceedings under this chapter, the small cause court shall, as far as possible and except as herein otherwise provided, follow the procedure prescribed by the civil p. c. 1908.'12. s. 43, however .....

A.M. Ponnuswamy Nadar Vs. the State of Tamil Nadu, Represented by the ...

Court : Chennai

Reported in : (1985)2MLJ492

..... no doubt, mr. r.g. rajan referred to maxwell on the interpretation of statutes, twelth edition, page 228 wherein the author deals with exceptional constructions. in this chapter it has held as follows.what is, then, being discussed here are instances in which the courts will depart from the literal rule. such instances are, however, ..... . a reading of the document clearly makes out that the dedication is absolute. in menakuru dasaratharami reddi and anr. v. duddkuru subba rao and ors. : [1957]1scr1122 , the supreme court has held as follows:dedication of a property to religious or charitable purposes may be either complete or partial. if the dedication is complete ..... the state of madras v. the urumu seshachalam chettiar charities : (1960)2mlj591 , a bench of this court has only interpreted a particular provision in the act and has not done any violence of the statute by substituting a word.12. the document in question clearly states that the properties have absolutely dedicated for performing .....

S.B. Mamle Desai Vs. Controller of Estate Duty and ors.

Court : Karnataka

Reported in : [1985]155ITR667(KAR); [1985]155ITR667(Karn)

..... reject the same. 29. when refunds are made in pursuance of an order of tribunal or the first appellate authority under the act, it is just and reasonable interest on such refunds as in the united states of america (vide chapter 13, pages 1262-1263 of world tax series-taxation in the united states published by harward law school, 1963 edition). but ..... 1950, the said lands were regranted to b.m.desai. 2. b. m. desai died on may 26, 1957, and on his death,the petitioner as accountable person under the e. d. act of 1953 (central act 34 of 1953)('the act'),filed a return before the assistant controller of estate duty,hubli ('aced'), inter alia claiming that only one-seventh share ..... estate duty of late sri b. m. mamle desai who died on 26-5-1957 regarding. ref : your petition dated 9-10-1978 claiming interest under s. 64(7) of the estate duty act. the matter has been examined. under section 64(7) of the estate duty act, the interest will be admissible if the duty assessment is reduced as a result .....

State of Punjab Vs. Bhagwant Singh and ors.

Court : Supreme Court of India

Reported in : AIR1985SC981; 1985(1)SCALE998; 1985Supp(1)SCC102; 1985(17)LC685(SC)

P.N. Bhagwati, J.1. This appeal by special leave is directed against a Judgment of a Division Bench of the High Court of Punjab and Haryana holding that the State of Punjab was wrong in denying admission to the 1st respondent Bhagwant Singh in the sports quota for the 1st year M.B.B.S. course for the academic year 1982-83. The 1st respondent had claimed admission to the 1st year M.B.B.S. course on the strength of a certificate dated 3.8.82 issued by the Joint Director of Sports, Punjab certifying that the 1st respondent, who was a member of junior Hockey Team, had been declared as C-1I Grade Sportsman in Hockey Group-I. This certificate was issued on the basis of a certificate given by the Punjab Agricultural University Ludhiana that the 1st respondent was a member of the Punjab Agricultural University Hockey Team and that he had participated in All India Inter-Varsity Hockey Tournament held at Meerut in 1981-82. The 1st respondent appeared in the entrance examination held by the State...

M. J. Joshi Vs. Fifth Assistant Controller of Estate Duty.

Court : Mumbai

Reported in : [1986]17ITD147(Mum)

..... arise simultaneously in proceedings under the 1957 act and the 1953 act. it would be wholly anomalous if the same property is valued at different figures ..... valuation should be made in accordance with the provisions of rule 1bb. rules framed under the act do not contain any special provision for valuation of residential property. such special provisions are contained only under the wealth-tax act, 1957 (the 1957 act). the question of valuation of the same house as on or about the same date may ..... two different proceedings. the value of the same property should be deemed to be the same whether that value is the subject-matter of consideration under the 1957 act or under the 1953 act. it is for this reason that in ced v. j. krishna murthy : [1974]96itr87(kar) , the mysore high court has held that .....

The State of Rajasthan and ors. Vs. Shri Prageshwar Tiwari and 3 ors.

Court : Rajasthan

Reported in : 1985(1)WLN237

..... been given to the state government under section 68 to make rules for purposes of carrying into effect the provisions of chapter iv. a reference to the various provisions of chapter iv of the motor vehicles act shows that the legislature has laid down its policy precisely. the point regarding the constitution of the appellate authority was ..... and while doing so the learned single judge has taken note of the decisions of the supreme court in the state of assam v. sristikar dowerah and ors. : [1957]1scr295 and d.s. gerewal v. the state of punjab and other's : air1959sc512 . in the state of assam v. sristikar dowerah and ors. (supra), the ..... validly of sub-section (3) of section 3 of the assam revenue tribunal (transfer of powers) act, 1948, which empowered the provincial government to appoint the appellate authority, was challenged on the ground that it suffered from the vice of excessive delegation of essential legislative functions, .....

Commissioner of Income-tax Vs. Arun Mehra

Court : Delhi

Reported in : (1985)49CTR(Del)119; [1986]157ITR308(Delhi)

..... ) of sub-section (1) shall, for the purpose of dealing with such reference, have all the powers that he has under section 38a of the wealth-tax act, 1957 (27 of 1957).' 19. there is no mention of any second report in section 38a. the section only gives powers of entry or inspection. the learned counsel for the department urges ..... the competent authority rejected the plea that the acquisition was not initiated in accordance with law and held that the proceedings had been validly initiated under chapter xx-a of the income-tax act, 1961. he also held that the fair market price of the plot was rs. 8,16,667 and thus the apparent consideration of rs. ..... in order to facilitate evasion of tax by the transferor or to facilitate the concealment of income or monies, etc., by the transferee, the action contemplated by this chapter can be taken. 6. the learned counsel stressed that there was a presumption, unless the contrary was proved, that there had been understatement of the consideration in the .....