Judgment Search Results Home > Cases Phrase: designs act 1911 repealed section 78 wrongful use of words patent office reapled Page 1 of about 78 results (0.052 seconds)

Girdhari Lal Gupta Vs. K. Gian Chand JaIn and Co., Delhi-6

Court : Delhi

Reported in : AIR1978Delhi146; 14(1978)DLT132

..... 34 of the patents and designs act, 1911, a high court could dismiss a petition presented to it under the repealed s. ..... 34, the high court to which a petition has been presented under the repealed section 26 may stay proceedings or dismiss the petition if in its opinion the petition would be disposed of more justly or conveniently by another high court. ..... 51-a of the act, as amended in 1970 on the ground that the register of patents as also the register of designs exists only in one patent office which could be situated only at one place, then the legislature would have defined the high court to mean the high court having jurisdiction over the controller general of patents & designs functioning in the patent office. ..... the rest of the subject-matter or the cause of action consists firstly in the registration and continuance of the design, and secondly in the wrongfulness- of such registration and continuance because of the existence of the grounds or the grounds mentioned in clause (a) of subsection (1) of s. ..... they allege that their trading is injured because of the wrongful protection and monopoly given to the designs registered in favor of the appellant. ..... 26 in regard to designs) uses the words 'the high court', the legislature did not intend to make a distinction to the effect that while revocation of the patent under the repealed s. ..... laces, because of the wrongful protection afforded to the appellant by the registration. e. .....

B. Sankappa Rai and ors. Vs. Central Registrar of Co-operative Societi ...

Court : Karnataka

Reported in : ILR2004KAR4298; 2004(7)KarLJ330

..... he has placed reliance on the following decisions of the kerala high court, reported in 1992(2) klt 673; 1993(1) klt 538 and 1996(1) klt 27 wherein provisions of sections 7,9,12 and 27 of the kerala co-operative societies act and rules which are similar to the provisions of both the repealed act and act of 2002 have been interpreted and it is held that the amended bye laws will have retrospective effect. ..... view of law laid down by the supreme court in : [1970]75itr174(sc) , wherein it has after interpretation of section 2(44)(ii) ( as substituted by section 4 of finance act, 1963) has clearly held that by issuing the notification in exercise of the powers conferred under the said provisions, the state government cannot invest the tahsildar with the powers of a tax recovery officer with effect from a date prior to the date of the notification issued. ..... (c): the action of the society and returning officer by wrongly applying the amended clause of the bye law to the petitioners and similarly placed reasons and removing their names from the voters list and not allowing them to contest ..... the learned counsel for the contesting respondent relied upon the word 'constitution' in the act and contended that the impugned amendment of bye-law clause 12(3)(d) of the registered bye-laws of the society can also be a subject matter of the dispute, as it pertains ..... the petitioners and similarly placed names from the voters list of the society is without authority of law and it is patently illegal. .....

Holden Vs. Minnesota

Court : US Supreme Court

..... to cause execution of the sentence of the law to be done upon the convict on friday, the 27th day of june, 1890, before the hour of sunrise of the day last named at a place in the county of redwood, to be selected by such officer, "conformably with the provisions of section 3 of an act entitled 'an act providing for the mode of inflicting the punishment of death, the manner in which the same shall be carried into effect, and declaring a violation of any of the provisions of this ..... of the governor's warrant and the execution, would, if applied to previous offenses, be ex post facto in its nature, and therefore was inconsistent with the prior law, and that inasmuch as that act made no saving as to previous offenses, and repealed all acts and parts of acts inconsistent with its provisions, there was no statute in force, after the 24th of april, 1889, prescribing the punishment of death for murder in the first degree committed before that date. ..... said warrant shall be directed to the warden of the state penitentiary of this state, commanding said warden to do execution of the sentence imposed as aforesaid upon some day within the week of time designated in said warrant, and it shall be delivered to the sheriff of the county wherein such conviction is had, who shall, within twenty-four hours thereafter, proceed to the said penitentiary and deliver such convicted person, together .....

United States Vs. Sixty-seven Packages of Dry Goods

Court : US Supreme Court

..... on the trial, after evidence was given on the part of the libellants tending to prove the facts charged in the information, the court charged the jury that the 66th section of the duty act of 1799 was repealed by force of subsequent statutes, and that at present there was no law in existence providing for a forfeiture of the goods for the causes set forth in the libel ..... the interpretation of our system of revenue laws, which is very complicated and contains numerous provisions to guard against frauds by the importers, this court has not been disposed to apply with strictness the rule which repeals a prior statute by implication where a subsequent one has made provision upon the same subject and differing in some respect from the former, but have been inclined to uphold both unless the repugnancy is clear ..... the 66th section of the act of 1799, so far as it is material in the case, is as follows: "that if any goods wares, or merchandise, of which entry shall have been made in the office of a collector shall not be invoiced according to the actual cost thereof at the place of exportation, with design to evade the duties thereupon, or any part thereof, all such goods &c ..... person to a misdemeanor who shall, with intent to defraud the revenue, "make out or pass, or attempt to pass, through the custom house any false, forged, or fraudulent invoice," manifestly directed against the production and use of simulated invoices and those fraudulently made up for the purpose of imposing upon the .....

Micolube India Limited Vs. Rakesh Kumar Trading as Saurabh Industries ...

Court : Delhi

..... designs act in order to understand the nature and characteristics of the designs act : section 2 (b) defines controller means the controllergeneral of patents, designs and trade marks referred to in section 3 section 2 (e) defines high court shall have the same meaning as assigned to it in clause (i) of sub-section (i) of section 2 of the patents act, 1970 section 2 (h) defines patent office means the patent office referred to in section 74 of the patents act, 1970 section 3 (1) defines the controller general of patents, designs and trade marks appointed under sub-section (1) of section 4 of the trade and merchandise marks act, 1958 shall be the controller of designs ..... patents & designs act, 1911 was repealed and the designs act, 2000 was enacted, to make the designs ..... stands at par with another registered proprietor is not contemplated to fit in to the provisions of section 22(1) as both are conferred with the copyright as per section 11 rightly or wrongly under the provisions of designs act under section 11 and therefore, it cannot be said that it shall be unlawful for such registered proprietor ..... the excerpts from the narayanan on copyright wherein in his book titled as law of copyright and industrial designs, the learned author has observed about the nature of remedy of design in the following words:27.03 nature of protection to industrial designs - the protection given for an industrial design under the designs act is not copyright protection but a true monopoly based on statute. .....

Ramesh Singh and anr. Vs. Chinta Devi and ors.

Court : Patna

..... the provision of the repealed enactments shall, after the commencement of this act, continue to remain in force until a notification under sub-section (6) of section 41 of this act is issued; (e) any scheme made under section 68c of the motor vehicles act, 1939 (4 of 1939) or under the corresponding law, if any, in force in any state and pending immediately before the commencement of this act shall be disposed pf in accordance with the provisions of section 100 of this act; (f) the permits issued under sub-section (1-a) of section 68f of the ..... para 15) 'we are, therefore, of the opinion that the ambiguity in the language used by the legislature in the opening part of section 95(2) and the doubt arising out of the correlation of that language with the words 'in all' which occur in clause (a), must be resolved by having regard to the underlying legislative purpose of the provisions contained in chapter viii of the act which deals with third party risks. ..... our country can ill-afford the loss of a precious life when we arebuilding a progressive society and if any person engaged in industry, office, business or any other occupation dies, a void is created which is bound to result in a serious set back to the industry or ..... for securing this compensation, it will not be necessary to prove any wrongful act or negligence on the part of the owner or the driver of the ..... these are, to use the words of chief justice marshall, 'designed to approach immortality as nearly as human institutions can .....

Dharam Pal Satya Pal Ltd. and anr. Vs. the Commissioner, Value Added T ...

Court : Delhi

..... regard being had to the aforesaid principles and keeping in view the language employed in section 106(2) of the dvat act wherein the legislature, while repealing the dst act, has used the terms liability accrued or incurred thereunder, it can safely be said that such liability is subject to revision after incorporation of section 74a in the dvat act which conferred the power on the competent authority to exercise suo motu power of revision. ..... the issues involved in the examination have been decided or raised in the objection or the appeal, the commissioner may, within five years of the end of the year in which the said order passed by the subordinate officer has been served on the dealer, make a report to the said objection hearing authority or the appellate authority including the tribunal regarding his examination or the report or the information received by him and the said ..... state of bombay, air 1958 sc 993, while dealing with the concept of liability, their lordships opined as follows: "the words "liability incurred" are very general and comprehensive and ordinarily take in both civil and criminal liability. ..... "liability" or responsibility is the bond of necessity that exists between the wrongdoer and the remedy of the wrong. .....

D. Srinivasan Vs. the Commissioner and ors.

Court : Supreme Court of India

Reported in : AIR2000SC1250; 2000(2)ALT19(SC); JT2000(2)SC453; (2000)IIMLJ112(SC); 2000(2)SCALE117; (2000)3SCC548; [2000]1SCR1031

..... krishna moorthi pointed out that, even if the definition of hereditary trustee' in sub-clause (6) of section 9 of 1927 act was wider and could take in a person who was nominated by the trustees still the appellants could not take any benefit from the said provision inasmuch as the 1951 act repealed the 1927 act and the definition in 1951 act was restrictive and applied to all vacancies to the office after the 1951 act. ..... vest in, nor was exercised by, the government nor was subject to the confirmation of the government or of any public officer, or(b) a temple founded since 1842, the right of succession to the office of trustee whereof is hereditary or specially provided for by the founder.sub-clause (6) of section 9 of 1927 act reads as follows:'hereditary trustee' means the trustee of a religious endowment, succession to whose office devolves by hereditary right or by nomination by the trustee for the time being, or is otherwise regulated by usage or is specially provided ..... in other words, if any trustees are nominated subsequent to the commencement of 1951 act, by the board of hereditary trustees, (who came into office pursuant to the will of venkatarangayya or their nominatees) then those persons would not be governed by the definition of sub-clause (6) of section 9 of the 1927 act, but will be governed by section 6(9) of the 1951 act. .....

Kasarla Radha Kishan Rao Vs. the Special Collector (La) Srsp Project, ...

Court : Andhra Pradesh

..... are hereby quashed; ii) respondents are directed to notify the land of the petitioner admeasuring ac.1.24 guntas in sy.no.597, situated at hanamkonda revenue village, hanamkonda mandal, warangal district, by issuing fresh notification under section 4(1) of the land acquisition act and pass appropriate award, as expeditiously as possible, preferably within a period of six months from the date of receipt of this order; iii) it is made clear that the petitioner is entitled for ..... supra), the honble supreme court has reiterated the objects behind section 11-a of the act and held that the same is introduced to prevent inordinate delay being caused by land acquisition officers in making the award depriving the landowners of enjoyment of their land ..... repealed act, petitioner made representation to the 2nd respondent to issue fresh notification under section 4(1) of the land acquisition act in respect of the land covered by sy.no.597 admeasuring ac.1.24 guntas, possession of which was taken under the provisions of the land acquisition act ..... in the meanwhile, urban land (ceiling and regulation) act, 1976 was repealed by act 59 of 1999 with effect from 22.03.1999; in that view of the matter, in view of the ..... the meanwhile, the urban land (ceiling and regulation) act, 1976 was repealed by act 59 of 1999 with effect from 22.03.1999; the state ..... further steps were taken and in the meanwhile ulc act is repealed by act 59 of 1999. ..... land acquisition, after repeal of the act, impugned award is .....

Sendamarai Animalv Vs. Vijaya Rajagopal Chettiar

Court : Chennai

Reported in : AIR1984Mad122; (1984)1MLJ324

..... by the learned district judge who was of the view that the french code civil stood repealed by the limitation act, 1963, and it could not be invoked in respect of suits filed subsequent to 1-11964 ..... that the periods of limitation prescribed in the local law must continue to apply as if such periods were the periods prescribed by the schedule to the limitation act 1963, and for purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained ..... 1961, the supreme court pointed out that there is only one general law of limitation for the entire country and it is i he limitation act 1963, and all other, laws would be either special or local laws and that the body of provisions in thi portuguese civil code dealing with the subject of limitation of suits etc, in the union ..... the view that as the provisions of french code civil would continue to apply, a longer period of limitation than that prescribed under the provisions of the limitation act, 1963, would be available in pondicherry territory and that even if the claim under the mortgage had become barred in 1981 under art. ..... this does not appear to be the right approach to the question of the applicabilitv of the provisions of the limitation act 1963, with reference to the areas where local laws of limitation had been in force which have been saved under ..... in other words, the local law of limitation, which was in force in pondicherry territory, continued to .....