Court : Chennai
Decided on : Mar-02-1989
Reported in : (1990)2MLJ249
..... there is no element of deceit, the questions of passing off will not arise.23. the plaintiffs further contention is that the agreement also violates section 23 of the contract act but having acted so far, all these years pursuant to the above said agreement of 1980, the plaintiff cannot now come and say at the interlocutory stage that ..... sarabhai, if it manufactures the above said drugs under the above said respective trade marks, it would be manufacturing only 'spurious drugs' as per section 17b (a) of the drugs and cosmetics act, 1940. section 17b(a) runs thus:for the purpose of this chapter, a drug shall be deemed to be spurious - (a) if it is manufactured ..... pvt. ltd. : air1980delhi299 where it was held that use of trade mark by unregistered user is of no avail to proprietor for purpose of section 46 of the trade and merchandise mark act. section 48(2) therein provides an exception in case of permitted use of trade mark being deemed to be used by the proprietor and shall be deemed .....
Tag this Judgment!Court : Chennai
Decided on : Mar-03-1989
Reported in : (1990)IILLJ5Mad
..... authority, and observed at page 221 as follows :- 'put that case aside. the rule here is supported upon the earlier part of the section. no doubt that part does not say that he shall state a case : it only says that he may. and as the learned ..... any other question relating to the services of the employee is within the power of the chairman. hence assuming the word 'terms' in section 28(c) includes the power to vary the amounts of subsistence allowance. i am of the view that the power vests only with ..... order of suspension can be made in the case of an employee referred to in clause (a) of sub-section (1) of s. 24 of the major port trust act, by the chairman. in this case, it is not denied that the order of suspension has been passed by ..... of the madras port trust under the provisions governed by ss. 24(1)(a) and 25(1) of the major port trusts act, 1963. central act 38 of 1963 applies to him. while the petitioner was working as a traffic manager, the central bureau of investigation had registered .....
Tag this Judgment!Court : Chennai
Decided on : Mar-06-1989
Reported in : AIR1990Mad69
..... to direct the first respondent to appoint a commission of enquiry against the previous government to find out irregularities,about of power,corruption, loss of revenue, under section 3 of the commissions of inquiry act, 1952.2. the petitioner,who is a practising advocate, has raised the following contentions in the affidavit filed in support of this petition;--he is filing this ..... for appointing a commission.6. apart from that,the question remains whether this court can have jurisdiction to direct the government to appoint a commission of inquiry.section 3 of the commissions of enquiry act, 1952 provides as follows:--'3. appointment of commission:--(1) the appropriate government may,if it is of opinion that it is necessary so to do,and shall .....
Tag this Judgment!Court : Chennai
Decided on : Mar-09-1989
Reported in : AIR1990Mad22; 1990(26)ECC299; 1990(46)ELT16(Mad)
..... conducted by the officers mentioned in s. 122 and in the manner provided for in s. 124. the definition of 'goods' in s. 2(22) of the customs act, includes currency also. section 124 is as follows'issue of show cause not ice before confiscation of goods, etc: no order confiscating any goods or imposing any penalty on anyperson shall he made ..... it is proposed to confiscate the goods or impose a penalty, an opportunity for making a representation in writing and an opportunity of being heard in the matter. section 110(2) of the customs act makes it explicit that the goods cannot be retained beyond the period of six months unless meantime, a show cause notice is issued u/s. 124(a ..... . while u/r. 3(1) of the rules a show cause notice has to indicate the nature of the offence alleged to have been committed by him. section 124(a) of the customs act requires the show cause notice to inform the person of the grounds on which it is proposed to confiscate the goods or impose a penalty. a show cause .....
Tag this Judgment!Court : Chennai
Decided on : Mar-13-1989
Reported in : (1989)2MLJ420
..... is put to trial in the manner aforesaid and it is established one way or other, no legal consequence can flow there from for the purpose of section 13(1)(i-a) of the act. it is, therefore, necessary in such a situation that not only the requisite amendment should be made out a specific and clear issue with regard thereto be ..... her husband. she also sent a reminder (ex.b.2) in pursuance of ex.a.2. the respondent filed the petition for dissolution of marriage under section 13(1)(a) of the hindu marriage act alleging that the appellant herein in her reply has gone to the extent of saying that he is a womanizer, drunkard and a gambler and that she ..... the disposal of this appeal can be briefly stated as follows: the respondent herein filed the petition h.m.o.p. no. 35 of 1983 under section 13(1)(a) of the hindu-marriage act for dissolution of the marriage between him and his wife, the appellant herein. the case of the respondent is that the marriage between him and the appellant .....
Tag this Judgment!Court : Chennai
Decided on : Mar-13-1989
Reported in : (1990)2MLJ400
..... an issue has been subsequently raised and has been heard and decided finally by such court within the meaning of section 11 of the code of civil procedure. certainly, there, are explanations in section 11 before the amendments brought in by central act 104 of 1976, to provide guidance as to the scope and amplitude of such implications. apart from making the above ..... for respondents 1 to 3. in mangru v. taraknathji : [1967]3scr125 the claim proceedings under order 21, rule 58 of the code of civil procedure, before its amendment by central act 104 of 1976, were not prosecuted further after the decision therein went against the claimant and in that context it was observed that an order in the claim proceedings does .....
Tag this Judgment!Court : Chennai
Decided on : Mar-16-1989
Reported in : (1989)2MLJ41
..... of punjab (the punjab-delhi boundary was 18 miles from delhi), and the appellants, along with others, were prosecuted and convicted for an offence under section 7 of the essential commodities act, and the supreme court, while holding that no offence has been committed by the appellants nor was there an attempt to commit an offence, analysed the ..... did not countenance the plea of the appellant that the case would not at all come within the ambit of 'attempt' so as to attract section 23-b of the foreign exchange regulation act, 1947. in this view, the appellate board confirmed the imposition of a penalty of rs. 5,000 done by the additional director of ..... charges, we are concerned only with the first charge, which reads as follows:that during march, 1963, the appellant, in contravention of section 5(1)(aa) read with section 23b of the foreign exchange regulation act, 1947, attempted to receive a sum of rs. 40,000 from a person other than an authorised dealer in foreign exchange by order .....
Tag this Judgment!Court : Chennai
Decided on : Mar-21-1989
Reported in : (1989)76CTR(Mad)124; [1989]177ITR249(Mad)
..... under cover of a letter of the donor dated december 31, 1985, since the society is a charitable one holding a certificate under section 80g of the act, under section 197 of the act, a certificate was also issued by the second respondent to the effect that the interest payable on the promissory notes donated to the society ..... were transferred to the current account of the firm and shown as outstanding and in respect of the relevant assessment year, the assessee claimed exemption under section 11 of the act which was rejected by the income-tax officer. but accepted by the appellate assistant commissioner and affirmed by the tribunal. on a reference, the question ..... a writ of certiorarified mandamus or other appropriate writ or direction to quash the aforesaid order and directing the first respondent to renew the certificate under section 80g of the act granted to the petitioner in its communication dated december 30, 1985. 3. in the affidavit filed in support of the writ petition, the society .....
Tag this Judgment!Court : Chennai
Decided on : Mar-21-1989
Reported in : 1991CriLJ61
..... it is filed by his wife. 3. both the detention orders were passed by the state government on 30-8-1988 under section 3(i)(iii) of the conservation of foreign exchange and prevention of smuggling activities act, 1974, with a view to preventing the detenus from engaging in transporting smuggled goods. 4. the facts leading to the present ..... of detention and it is not necessary to extract them here. summarily stated, on 1-4-1988 the custom officers, madurai, and director of revenue intellegence officers, tiruchy, acting on information kept surveillance near the house of one suryamoorthy, madurai, at about 6 p.m. noticing two persons entering the said house at about 7 p.m., the ..... detention, it is more in the form of indictments than in the form of an attempt to know the truth about the matter. all the grounds refer only to acts or statements which put the blame on the detenus. there is not a single reference to any documents, which may alleviate the misdemeanour of the detenus. if upon .....
Tag this Judgment!Court : Chennai
Decided on : Mar-29-1989
Reported in : (1989)ILLJ588Mad
..... to the writ jurisdiction.' 21. mr. m. r. narayanaswamy also placed reliance on the provisions of the act viz., section 32 of the tamil nadu co-operative societies act, 1983, corresponding to section 26 of the tamil nadu cooperative societies act, 1961 and submitted that the ultimate decisions relating to the affairs of the society vests with the general body ..... special officers are appointed, they must be considered to be public authorities as they were appointed under the provisions of tamil nadu act 25 of 1976. a look into the preamble to act 25 of 1976 and sections 3 and 4 will support the contention that the society is amenable to writ jurisdiction. 12. mr. m. r. narayanaswamy ..... colleges referred to above, might be categorised as not being created by the statute or statutory rules. by several provisions of the act (which i have given copiously in the beginning) and specially by section 25, 86 and 129 of the same. i am inclined to hold that the management of the affairs and the activities .....
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