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Judgment Search Results Home > Cases Phrase: copyright act 1957 chapter i preliminary Sorted by: recent Court: madhya pradesh Page 1 of about 53 results (0.044 seconds)

Sep 29 2010 (HC)

Ajay Dubey, and ors. Vs. the State of Madhya Pradesh, and ors.

Court : Madhya Pradesh Jabalpur

..... it has further been contended that in exercise of powers under section 18 of mines and minerals (development and regulation) act, 1957 the central government has framed mineral conservation and development rules, 1988. chapter v of the said rules deals with environment clearance which contains rules 31 to 41. however, rule 2(iv) of ..... consideration and, thus, the same being in violation of sections 13, 15(1a) and 18 of the mines and minerals (development and regulation) act, 1957 (hereinafter referred to as 'mmdr act' ) and mineral conservation and development rules, 1988 (hereinafter referred to as '1988 rules' ) is ultra vires besides being discriminatory as it is ..... .18. shri viplav sharma, learned counsel for the petitioner in w.p.no.13118/2009, has submitted that mmdr act was enacted by the parliament in 1957 whereas water act, air act and environment (protection) act were respectively enacted in the years 1974, 1981 and 1986. after the enactment of environment laws, section 15(1a) .....

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Nov 28 2008 (HC)

Kale Khan Mohd. Hanif and ors. Vs. Mohd. Iqbal

Court : Madhya Pradesh

Reported in : AIR2009MP84; 2009(40)PTC210(MP)

..... and transmissibility of registered trade marks--notwithstanding anything in any other law to the contrary, a registered trade mark shall, subject to the provisions of this chapter, be assigned and transmissible, whether with or without the goodwill of the business concerned and in respect either of all the goods in respect of which ..... foreign judgments to show that the trade mark is a symbol of goodwill. he has also referred to the decisions in new gujarat cotton mills v. labour appellate tribunal : (1957)iillj194bom , dulaldas mullick v. ganesh das damani : air1957cal280 , state of rajasthan v. bundi electric supply co. ltd. bundi , : [1970]3scr689 and b.c. srinivasa ..... trade mark in registered, indisputably the user thereof by a person who is not otherwise authorised to do so would constitute infringement. section 21 of the 1958 act provides that where an application for registration is filed, the same can be opposed. ordinarily under the law and, as noticed hereinbefore, there can only be .....

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Nov 12 2008 (HC)

Naresh Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : 2009(2)MPHT142

..... 30th march, 1994, the central government in exercise of its powers under sub-section (1) of section 4 of the coal bearing areas (acquisition & development) act, 1957 (for short 'the 1957 act') gave notice of its intention to prospect for coal in 3412.610 hectares of land in kotma tehsil described in the schedule to the notification. thereafter, by ..... government of the united provinces framed octroi rules which were published by notification dated 25th october, 1925 and these rules were included in the municipal account code (chapter x rules 131 to 231) published by the government of u.p. but several decades thereafter, separate rules for assessment and collection of octroi in the bareilly ..... were framed by the government of u.p. in exercise of the powers conferred by section 296 of the said act. on these facts, the supreme court held that the octroi rules contained in chapter x are general rules framed by the state government in respect of matters referred to in section 153 in exercise of .....

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Sep 16 2008 (HC)

In Re: Deepak Agrawal

Court : Madhya Pradesh

Reported in : 2008(5)MPHT106

..... magistrate can order investigation under section 156(3) only before taking cognizance under sections 190, 200 and 204 and where a magistrate decides to take cognizance under the provisions of chapter 14 he is not entitled in law to order any investigation under section 156(3) though in cases not falling within the proviso to section 202 he can order an ..... triable by court of session. this point has been elucidated in his inimitable style by s. murtaza fazal ali, j., in the following terms:while chapter 14 (under which section 190 falls) deals with post-cognizance stage, chapter 12 (under which section 156 falls), so far as the magistrate is concerned, deals with pre-cognizance stage. sections 190 and 156(3) are .....

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May 15 2008 (HC)

Godfrey Philips India Ltd. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : (2008)17VST465(MP)

..... remuneration and consideration in respect of the advantage sought and received ; and in this respect quoted with approval dixon c.j., from armstrong v. state of victoria [1957] 99 clr 28 wherein it has been held that--'without the bridge, the aerodromes and airways, the wharves and the sheds, the respective inter-state operahons could ..... . in such a case the imposition assumes the character of remuneration or consideration charged in respect of an advantage sought and received. in armstrong v. state of victoria [1957] 99 clr 28, dixion, c.j. said:'the reason, as i venture to suggest, simply is that, without the bridge, the aerodromes and airways, the wharves ..... the high court of punjab after adverting to the provisions of the entry tax act and referring to the decisions rendered by the apex court culled out the principles and further dealt with the 73rd and 74th constitutional amendments, by which chapters ix and ixa were introduced in the constitution of india for the purpose of conferring .....

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Sep 26 2007 (HC)

Kankar Munjare S/O Shri R.C. Munjare Vs. Gaurishanker S/O Chaturbhuj B ...

Court : Madhya Pradesh

Reported in : 2008(1)MPHT321; 2008(1)MPLJ418

..... corrupt practice on the part of the candidate or any of his agents then the high court may decide that the election of the returned candidate is not void.chapter i of part vii deals with corrupt practice. section 123(1) reads thus:123. corrupt practices the following shall be deemed to be corrupt practices for the ..... in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.8. on going through the section 83(1)(b) of the act it is apparent that in an election petition alleging corrupt practice the legislature has taken extra care to make special provisions for pleadings. ordinarily it would suffice if ..... in my considered view the election petition being lacking the full particulars of the corrupt practice as required to be set forth under section 83(1)(b) of the act and the affidavit accompanied with it being not in conformity with the prescribed form no. 25 under the rules, the preliminary objection raised through the application filed by .....

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Jul 20 2007 (HC)

Smt. Manjula Vs. Pradeep and ors.

Court : Madhya Pradesh

Reported in : 2007(4)MPHT109

..... that in such type of suit fixed court fee is payable under article 17 (i) of second schedule of court fee act, therefore, in a appeal against the dismissal of the objections appellant cannot be asked to pay the ad valorem court fee.5. in ..... falls under rule 24 of schedule i, m.p. land revenue code and it is governed by article 17 of the court fees act. thus, in the case where the objections against attachment were dismissed was challenged in civil suit the divisional bench of this court held ..... circumstances of the case, the appellant is liable to make payment of court fee as per article 1 of schedule i of the court fee act, which require ad valorem court fee. reliance was placed on a decision of this court in the matter of m.g. tipnis v. ..... court in the matter of punjab national bank ltd. v. firm isardas kaluram reported in (s) air 1957 page 146, wherein full bench of rajasthan high court has held that where an application under section 10 of the displaced persons (debts adjustment .....

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Apr 10 2007 (HC)

Pawan Sharma and anr. Vs. Smt. Kamalabai and anr.

Court : Madhya Pradesh

Reported in : 2007CriLJ3539

..... thereafter sending it for inquiry and report under section 202. when the magistrate applies his mind not for the purpose of proceeding under the subsequent sections of this chapter, but for taking action of some other kind, e.g., ordering investigation under section 156(3), or issuing a search warrant for the purpose of the investigation ..... . it will be clear, therefore, that in the present case neither the additional district magistrate nor mr. thomas applied his mind to the complaint filed on 3-8-1957, with a view to taking cognizance of an offence. the additional district magistrate passed on the complaint to mr. thomas to deal with it. mr. thomas seeing that ..... extended to 2-2 -1953. in the meantime, on 27-1-1953, inspector mitra had been authorized under section 23(3)(b) of the foreign exchange regulation act to file a complaint. accordingly, a complaint was filed on 2-2-1953. the additional district magistrate thereon recorded the following order:seen the complaint filed today against .....

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Oct 03 2002 (HC)

Laxminarayan Vs. Shivlal Gujar and ors.

Court : Madhya Pradesh

Reported in : AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463

..... to substantiate the aforesaid submissions the learned senior counsel has placed heavy reliance on the decision rendered in the case of garikapati v. subbiah choudhry, air 1957 sc 540.5. mr. divesh jain, learned counsel who has appeared for the respondent no. 1 and raised the preliminary objection propounded that the decision ..... padmini chandrashekharan (dead) by l.rs., air 1996 sc 238. in the aforesaid decision their lordships were considering the operational sphere of benami transactions (prohibition) act, 1988 (act 45 of 1988) and posed the question whether pending proceeding at various stages in the hierarchy can get encompassed by the sweep of section 4(1) of ..... stretching, in our considered opinion, is unnecessary unwarranted. the reasoning that when the pending appeals have not been saved under section 16 of the amending act is totally inconsequential because of non-saving of the same does not by necessary corollary nullify the right of hearing of the pending appeals preferred before .....

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Aug 05 2002 (HC)

Sachish Chandra JaIn and anr. Vs. Shri Bhagwan and ors.

Court : Madhya Pradesh

Reported in : 2002(4)MPHT360; 2002(3)MPLJ504

..... from the ratio of the judgment section 100a will cover the appeals under section 96 of cpc or appeals under any other provisions of special act namely-- motor vehicles act, workmen's compensation act and other acts. thus, the ratio laid down in this case clearly indicates that after the appellate order of the single bench no further appeal in the ..... . in support of his contention counsel for appellant has referred to the judgment in the case of garikapati veeraya v. n. subbiah choudhry and ors. [(s) air 1957 sc 540] and submitted that right of appeal is a vested right and it can not be withdrawn by amendment. considering the scope of sections 109 and 110 of ..... the repealing clause in sub-section (4) of section 217, the apex court held that it has preserved the general application of section 6 of general clauses act. the act does not expressly or by necessary implication make the proviso to section 173 retrospective in operation.12. in the case of baddula lakshmaiah and ors. v. sri anjaneya .....

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