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Court : Chennai
Decided on : Jan-06-1904
Reported in : (1904)1MLJ105
S. Subrahmania Aiyar, Officiating C.J.1. The plaint mentioned mutts, Bhandarkare in South Canara and Bhimasetu in Mysore Territory, are two ancient mutts presided over by Swamis or ascetic heads of the Madhwa persuasion. The case of the plaintiff--a minor--is that the two mutts are dwandva or interdependent mutts, the Swami of each being entitled to appoint to the other, in the event of the Swami of either dying without having appointed and leaving a successor, or a vacancy otherwise occurring; that; he was appointed as the head of Bhandarkare Mutt by the present Swami of Bhimasetu Mutt on the death of one Vidyasamudra, who had been ordained and appointed by the 1st defendant the deceased Swami of Bhandarkare Mutt as his junior before he (the 1st defendant) became and was, on inquisition under Act XXXV of 1858, found to be a lunatic.2. The argument on the plaintiff's behalf in the appeal was that the 1st defendant as Swami was in the position of a trustee, that on his becoming a lunati...
Tag this Judgment!Court : Kolkata
Decided on : Jan-19-1904
Reported in : (1904)ILR31Cal411
Ghose and Stephen, JJ.1. The appellants in the present case have been convicted on charges under Section 482 and Section 486 of the Indian Penal Code, as amended by the Indian Merchandise Marks Act, 1889, of using a false trade-mark, and selling goods marked with a counterfeit trade-mark, and under Section 6 of the Merchandise Marks Act of applying a false trade description to goods, and they are now appealing against These convictions. The main facts in the case are simple and are undisputed.2. Since December, 1900 the opposite party have been selling fish-hooks, which they have imported from Europe, in packets bearing labels on which appears a design of two fish crossed, with their heads and tails bent up. These fish-hooks have been generally known in Calcutta as 'mash marka' (fish mark) and have commanded a large sale. The boxes, labels and designs have been made exhibits, but we need only notice the design of two fishes which for present purposes may be conveniently referred to as ...
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