Court : Punjab and Haryana
Reported in : AIR1967P& H64
..... word 'ogee' (phonetically equivalent to 'o. g.') was refused by the registry of trade mark in england and the order was upheld by the court of appeal. what mr. keer is asking me to do is to act in the reverse direction merely because he can pronounce 'uis' as 'youis' does not make the otherwise simple three letters into a coined word ..... trade mark appears to the registrar prima facie to be inherently adapted to distinguish or capable of distinguishing, as the case may be. section 109(2) of the act confers the right of appeal to the high court against certain decisions of the registrar including one refusing to register a trade mark.in exercise of powers conferred by section 133 of the ..... is sent shall be deem ed to be the date of the registrar's derision for the purpose of appeal.121. time for appeal.-- an appeal to a high court from any decision of the registrar under the act or the rules shall be made within three months from the date of such decision or within such further time as the high .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988(2)WLN580
..... the company to pay its debit, it is well settled that if the debit is bonafide disputed and the defence is a substantial one, the court will not order winding up. the principles on which the court acts are first, that the defence of the company is in good faith and one of substance, secondly, the defence is likely to succeed in ..... down that two rules are well settled; firstly, if the debit is bonafide disputed and the defence is substantial one, the court will not wind up the company and secondly, where the debit is undisputed the court will act upon the defence that the company has ability to pay the debit but chooses not to pay that particular debit. in the ..... m/s. jaipur wire industries pvt. ltd, be ordered to be wound up by this court.2. the facts of the case lie in a narrow compass and may be stated thus: the petitioner is a pvt. ltd. co. registered and incorporated under the companies act, 1956. the petitioner company deals in wire rods. the respondent is also a company incorporated .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC2508; 2003(4)ALD10(SC); 2003(4)ALLMR(SC)1193; 2003(3)AWC2511(SC); JT2003(4)SC450; 2003(4)MhLj579; (2003)3MLJ26(SC); 2003MPLJ439(SC); (2003)134PLR636; 2003(4)SCALE6
..... of a co-operative society, the decision thereon the registrar shall be final and shall not be called in question in any court. 137. bar of jurisdiction of courts. - (1) save as provided in this act, no civil or revenue court shall have any jurisdiction in respect of. - (a) the registration of a co-operative society or of an amendment of ..... thereof, except by leave of the registrar and subject to such terms as he may impose. (3) save as provided in this act, no order, decision or award made under this act shall be questioned in any court on any ground whatsoever. 21. in the present case there is nothing to show that the defendant is also a member of the ..... the absence of a written statement, unless the applicability of order viii rule 10 of the cpc is attracted and the court acts thereunder, the necessity of proof by the plaintiff of his case to the satisfaction of the court cannot be dispensed with. in the absence of denial of plaint averments the burden of proof on the plaintiff is not .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal609,63CWN325
..... enterprise on the part of the government and such enterprise cannot be said to be for any public purpose within the meaning of section 8 of the court-fees act. computation of court-fees in this particular case cannot therefore be made according to the principle laid down therein. (b) the appeal is against an award of an arbitrator ..... award was an appeal from an order which had not got the force of a decree and the appellant was therefore liable only to pay fixed court-fee under article 11 of schedule 2, court-fees act. that contention was overruled. reliance is also placed on the decision in debi din v. secy. of state : air1939all127 . that was also ..... made for public purposes or not should be gone into, in computing court fees under section 8 court fees act, in an appeal against an order of the arbitrator appointed under act xxx of 1952. ii. whether fixed court-fee is payable under schedule ii, article 11 of the court-fees act in an appeal against the order of the arbitrator, in view of the .....
Tag this Judgment!Court : Allahabad
Reported in : [1998]94CompCas904(All)
..... by learned counsel that the prayers in paragraphs 12a and 12b of the plaint were distinct and so the court fee should have been paid on the aggregate valuation of the two reliefs. reliance was placed on section 17 of the court fees act, 1870. under this section, if in any suit in which two or more separate and distinct causes of action ..... are joined the plaint shall be chargeable with the aggregate amount of the fees with which the plaints would be chargeable if separate suits were instituted in ..... failure to pay a prayer was made for auction sale of the mortgaged property.2. the defendants appeared in the court below, contested the suit and took up a plea that the suit was undervalued and proper court fee was not paid because two different reliefs were there in the plaint and the suit should have been valued and .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1951Cal509
..... the case of haru bepari v. rai kshitish bhusan, 39 c. w. n. 1146. we are of the opinion however that section 17, court fees act, does not apply to the present case because apart from anything else the pltf. has not asked for separate & distinct reliefs in respect of different ..... of the defts. an objection was raised to the effect that as the properties were purchased by 65 documents the pltf. was required under the court-fees act to pay a separate c.-f. of rs. 20 in respect of each of those 65 documents. by a judgment dated 8-7-1950, ..... for by the pltf.3. on behalf of the opposite party, however, it has been argued that under section 17 of the c.-f. act the present suit is one in which two or more separate or distinct causes of action have been joined and separate & distinct reliefs are sought ..... order1. this rule was obtained by the pltf. against an order of the subordinate judge, 2nd court, midnapur, determining a question of c.f. the pltf. instituted a suit for a declaration that the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ480
..... remaining witnesses, was set aside.5. there appears to be some confusion in the courts about the law relating to process fees. it is under rules framed by the high court under section 20 of the court fees act that process fee is payable. these rules for processes to be issued by criminal courts are reproduced in rules 546 to 549 of rules and orders (criminal). at the ..... outset, it may be noticed that process fee is always payable in court fee stamps and never in cash (rule 547). speaking about criminal .....
Tag this Judgment!Court : Kerala
Reported in : 2003(2)KLT39
..... insufficient and the appellant has to pay ad valorem court fee on the appeal valuation.' registry posted the case for curing defects noting 'ad valorem court fee to be paid'. on the plaintiff's request matter was posted before the court.3. the suit was valued at rs. 8,57,550/-, under section 22 of the court fees act in a suit for money (including a suit for ..... damages or compensation or arrears of maintenance of annuities or of other sums payable periodically), fee shall be computed on the amount claimed. accordingly an amount .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad262; (1950)IIMLJ474
..... on 12-4-1949. these applications were filed on 11-7-1949, i. e., on the 90th day from the date of judgment. the relevant articles of the court-fees act read thus :'art.4 : application for review of judgment, if presented on or after the ninetieth day from the date of the decree.thefee leviable on the plaint or ..... be given a certificate authorising him to receive back from the collec-tor so much of the fees paid on the application as exceeds the fee which would be payable had at been presented before such date under the provisions of section 14, court-fees acts. under that section, 'where an application for a review of judgment is presented on or after ..... the ninetieth day from the date of the decree, the court, unless the delay was caused by the applicant's laches, may, in its discretion, grant .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad656; (1951)IMLJ95
..... hard to understand. so far as the house is concerned of which the pltfs are in possession, they are not bound in my view to pay court-fee under section 7(v), court-fees act. payment under article 17b of schedule ii is sufficient.5. in respect of the other matter included inthe plaint, the order of the subordinate judgeappears ..... the family and also for accounts. a sum of rs. 100 (one hundred) was paid as court-fee in respect of the claim for partition under article 17 b of schedule ii,court-fees act.2. the objection was taken that the court-fee paid was insufficient. the learned subordinate judge went into the question and required the pltffs to pay ' ..... ad-valorem' court-fee. they have therefore come to this ct.3. one item in respect of which 'ad valorem' court-fee was insisted on, is the house .....
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