Court : Mumbai
..... the source or origin of these products. consumers may well associate 3m s products as garware s. for these reasons, garware is entitled to the protection under section 32 of the act. 9. mr. tulzapurkar goes on to say that it matters little even if 3m s use of the expression is considered to be descriptive. the test ..... intended to use the mark descriptively, it would still constitute infringement if such use was likely to be taken as a trade mark as per sections 29(1) and 2(zb)(ii) of the act. the test is whether the expression is used to distinguish rather than describe. that is undoubtedly correct, and well-established, (sopariwala exports and ..... and intended purpose of the goods; and the expression is publici juris, i.e., common to the trade, and garware cannot, therefore, in view of sections 30(2) and 35 of the trade marks act, 1999 ( tma 1999 ), claim exclusive rights over the expression. 3m also says there is acquiescence because garware delayed in initiating infringement proceedings. 6. .....
Tag this Judgment!Court : Mumbai
..... law may will be an elusive and unsafe guide and the supposed spirit can certainly not be given effect to in opposition to the plain language of the section of the act. see rananjay singh v. baijnath singh reported in air 1954 sc 749 at page 752. 34. francis bennion in his famous treatise 'statutory interpretation', second ..... and common reply to the interim application was filed by the principal debtor and the guarantors. a common miscellaneous application for waiver of pre-deposit under section 21 of the rddbi act was filed by principal debtor and guarantors. the principal debtors and guarantors had filed writ petition (l) no. 2932/2015 jointly. after withdrawal of the ..... does not permit any impleadment in the main application under section 19(1) at this stage. hence, this relief for impleadment cannot be granted. (emphasis supplied) reliance is also placed on the judgment in the case of ultramatix systems pvt. ltd. v/s. state bank of india and ors. {2007 (6) all mr 327}. in paragraph 8 it .....
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..... approach of the learned arbitrator was arbitrary or capricious so as to render the award perverse requiring interference under the jurisdiction vested in the court under section 34 of the act. 18. in view of the above discussion, we find no reason to upset the award of the learned arbitrator and the findings of the ..... 10th november,2010 the said minutes of the meeting were forwarded to the chief manager (admn) and secretary as also the senior manager (ct) and the manager (finance). thus the appellants cannot dispute that the appellants were not aware about this settlement. admittedly, these developments had taken place during the pendency of the arbitration proceedings. ..... vs. unit trust of india and ors, (air 1983 bombay 1) , indian oil corporation ltd. vs. m/s.kadbrotee engineering industries in arbitration petition no.212 of 2007 decided on 14th january,2011, biwater penstocks ltd. vs. municipal corporation of greater bombay and anr., (2011(1)bom.c.r. 622) , m/s.bareilly electricity supply .....
Tag this Judgment!Court : Mumbai Aurangabad
..... zilla parishad party, or as the case may be, panchayat samiti party, concerned, have agreed to such merger. section 6. .. .. .. ... ... section 7. .. .. .. ... ... section 8. .. .. .. ... ... section 9. .. .. .. ... .... section 10. (1) the provisions of this act and the rules shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. ..... nationalist congress party (ncp), 02 councillors set up by bhartiya janata party (bjp) and 01 councillor set up by shivsena, on 1st december, 2007. respondent no.1 - govindrao ramu vasave was chosen as a leader of the aghadi. an application came to be presented to the collector for ..... operation of the main part of the section; (iii) to exclude some possible misinterpretation of the section; a proviso, therefore, should never be used to extend scope of the section." 70. as has been observed by the supreme court in the matter of rbi vs. peerless general finance and investment co. ltd., reported in .....
Tag this Judgment!Court : Mumbai Aurangabad
..... family pension, are not surviving. this government resolution has been made applicable to the employees of the maharashtra zilla parishads vide proviso to section 248 of the maharashtra zilla parishads and panchayat samities act, 1961. 14. in the 'introduction' part of the said government resolution it is mentioned that since the definition of the term ' ..... mother was granted family pension. 6. the learned counsel further pointed out the resolution, dated 22nd january, 2015 passed by the government of maharashtra, department of finance, whereby in the absence of the relations of the deceased employee having preferential right to get family pension, the mother of such single government employee, wholly depending ..... in view of the provisions of rule 116 of the family pension scheme, 1964 from the date of death of her son deelip i.e. 29th january, 2007 onwards. however, the said claim should not be rejected on the ground that she does not fall within the ambit of the term 'family' as contained in .....
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..... the validity and correctness of the order passed by the learned arbitrator granting permission to the respondent herein for seeking assistance of this court in taking evidence under section 27 of the arbitration act. it is for the arbitrator to decide as to whether particular documents or presence of a particular witness would be necessary for the proper adjudication of the dispute ..... .j. 522 and in particular paragraphs 11 and 15, in an unreported judgment of this court delivered on 2nd april, 2007 in case of m/s.rasiklal ratilal vs. fancy corporation limited and anr. in arbitration petition no.64 of 2007 and in particular paragraphs 9 and 10. reliance is also placed on the judgment of the delhi high court delivered on .....
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..... as a direct consequence of this submission, the defendant is or must be deemed to be an unregistered proprietor or user at least for the purposes of section 29(4) of the trade marks act, 1999 using dissimilar goods and, therefore, liable to suffer an injunction. if, on the other hand, the defendant persists in this claim in regard to ..... ksb is an internationally well-known trade mark with a presence in india (ksb aktiengesellschaft and anr. v ksb real estate and finance private limited; notice of motion no.4019 of 2007 in suit no.2930 of 2007; decided on 11th february 2008). if there was any dispute about the plaintiffs' mark being recognized as a well-known mark, it ..... goods both parties deal in are the same, this too does not assist the defendant because he would then be liable to suffer injunction under sections 29(1), 29(2) and 29(3) of the act. thus, viewed from either perspective, this one submission alone is sufficient to warrant the grant of an injunction. 22. the other defences are .....
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..... or contempt of court or is likely to incite the commission of any offence. the words "sovereignty and integrity of india" came to be added in sub-section (1) of section 5b by act 49 of 1981 with effect from 1st june, 1983. that is because clause (2) of article 19 of the constitution of india itself was amended to insert ..... air 1980 sc 605. the hon'ble supreme court of india has held as under:- "(air 1980 sc 258) "14. i am satisfied that the film censor board, acting under section 5-a, is specially entrusted to screen off the silver screen pictures which offensively invade or deprave public morals through over-sex. there is no doubt - and counsel on ..... before sanctioning the film for public exhibition under any of the foregoing clauses. equally, the board may refuse to sanction the film's exhibition. sub section (2) of section 4 requires the board to act after giving an opportunity to the applicant for representing his views in the matter. that is to be done provided the board decides to take .....
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..... granted claim nos.3 and 4 in view of the above admitted position on record. 5. the apex court in m/s chelarolu enterprises vs andhra pradesh backward class cooperative finance corporation ltd., 2015 (12) scale 207, has held that : "20.... this court or even the appellate court would not look into the finding of facts unless they are perverse". 6 .....
Tag this Judgment!Court : Mumbai
..... based on such actual knowledge. 24. coming now to the merits of the determination by the clb of the illegality of the transfer itself under section 111 read with section 108 of the act, it is pertinent to note that there are two transfers in the present case-one, from the four joint holders, namely, dr. kalyani, sulochana ..... and that such non-disclosure amounted to suppression of material documents and facts, calling for dismissal of the petition. the documents were : (i) letter dated 6.7. 2007 addressed by the petitioner to the board of trustees of n.s. trust tendering her resignation as a trustee, (ii) declaration of relinquishment executed by the petitioner on ..... khetan (1977 company cases vol.47 pg.185) and followed by our court in shirish finance and investment (p) ltd. vs. m. shreenivamlu reddy (2002 (1) bom cr 419), holding that execution of valid transfer deeds within the meaning of section 108 is a mandatory requirement of a valid transfer of shares, the clb held the impugned .....
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