Court : Madhya Pradesh
Reported in : 1993(0)MPLJ909
..... goods and services' by actual use of the label in relation to the bidis they manufactured (as no sale or manufacture in india of any bidis by them is proved), otherwise too the defendant apparently had no pre-existing right or title in the 'goat cub' label as a trade mark for use in connection with sale of his bidis (halsbury, ibid, para 171). it is not possible to hold, therefore, that the defendant had any property right in that ..... mark from a date prior- (a) to the use of the first mentioned trade mark in relation to those goods by the proprietor or a predecessor in title of his; or (b) to the date of registration of the first mentioned trade mark in respect of those goods in the name of the proprietor or a predecessor in title of his; whichever is the earlier, and the registrar shall not refuse (on such use being proved) to register the second-mentioned trade mark by reason ..... act read with section 478, indian penal code to erstwhile bhopal state, there is no basis at all for holding that the defendant or for that matter, his two predecessors-in-interest, had in any manner acquired any legal title in the trade mark claimed in respect of ..... shortly put, the plaintiff's case is that the trade mark 'khargosh chhap' label was first registered with the sub-registrar of bombay on 26-1-1928 and thereafter under the trade marks act, 1940, it was registered on 14-8-1945 in respect of bidis to be sold under that trade mark throughout india ..... indian merchandise marks act, 1889 (for short .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1998MP273; 1998(2)MPLJ225
..... provision of section 15 is extracted thus : 'section 15 -- acquisition by prescription :and where a right of way or any other easement has been peaceably and openly enjoyed by any person claiming title thereto as an easement, and as of right, without interruption, and for twenty years,the right to such access........... ..... is based on acquisition of easementary right by prescription under section 15 of the indian easements act, 1882 (for short 'the act'). ..... user of the way, for over prescribed period is not enough, a title of easement is not complete unless it is adjudicated against a servient owner ..... have come up in second round before this court; but the appellants did not take care even after remand of the case to amend the plaint so as to incorporate the essential ingredients of section 15 of the act which are required for establishing the right of easement by prescription. ..... 1967, decided on 20-2-1973 at bench at gwalior reported as a short noted decision in phoduram v. ..... easement as defined in section 4 of the act, is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of certain ..... the conditions in india, there is a presumption that the user is permissible and the person claiming the right must prove the acquisition of such right under section 25 of the limitation act, 1963 or section 15 of the act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ113
..... short title. ..... that the ex-ruler who becomes a bhumiswami only by an amendment of the code in 1979 could not have availed the limitation of 3 months for submitting the return as the appointed date is 7-3-1974 as notified in section 2(b) of the ceiling act and that definition clause has not consequently been amended after the amendment made to the code by insertion of sub-section (2) to section 158. ..... the division bench gave liberty to both the parties to raise all necessary pleas about the applicability of the ceiling act and the urban ceiling act to the lands in question after the order of remand was carried out and the competent authority finally decides the matter. ..... -- section 158 of the principal act, shall be renumbered as sub-section (1) thereof and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely :-'(2) a ruler of an indian state forming part of the state of the madhya pradesh who, at the time of coming into force of this code, was holding land or was entitled to hold land as such ruler by virtue of the covenant or agreement entered ..... by article 363a of the constitution recognition granted to ruler of indian state ceased after 1971 and the privy purses were abolished on and from the commencement of constitution (26th amendment) act, 1971. ..... the learned counsel for the petitioners has read a few relevant provisions of the indian trusts act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP120
..... first case, the privy council dealt with a question as to the application of section 10(2), paragraph (xii) of the indian income-tax act, 1922, and considered whether the expenditure incurred over obtaining tendu leaves under short-term contracts with government and other owners of forests was on revenue account or on capital account. ..... on the dates of the transactions should be regarded as 'benefits to arise out of land' within the meaning of section 3(25) of the general clauses act and section 2(6) of the registration act or as 'growing crops' which have been excluded from the definition of immovable property by section 3 of the transfer of property act and section 2(6) of the registration act, the real question is whether the expression, 'growing crops' should be extended to other vegetable growths, particularly those not in existence on the ..... it is common ground that after the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950 (1 of 1951) came into force on 31st march, 1951, the villages referred to in paragraph 2 above vested in the defendant, who thereafter had all myrobalan obtainable from the forests of those villages in 1951-52 auctioned ..... about the passing of title, their lordships observed: 'whether title passes on the dates of the contract itself or later is really dependent on the intention of the parties, and as already stated, in these petitions the stipulated consideration has passed from the transferees to the proprietors .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1983MP86
..... behalf of the state, it is contended that the petitioners have no right to graze their camels in the government forest; that browsing by camels causes damage to the trees, which is punishable under the provisions of sections 26(1)(d & f) and 26(1)(g) of the indian forest act, and hence every forest officer has power to prevent the commission of forest offence by refusing to grant licences to the petitioners to graze their camels in the government forest. ..... but there may be something in the nature of the thing empowered to be done, something in the object for which it is to be done, something in the conditions under which it is to be done something in the title of the persons for whose benefit the power is to be exercised, which may couple the power with a duty, and make it the duty of the person in whom the power is reposed to exercise that power when called ..... short title, extent and commencement; (1) these rules may be called themadhya pradesh grazing rates rules, ..... contention advanced on behalf of the state that licences were refused to the petitioners with a view to prevent them from committing offences under the indian forest act, is devoid of merit. ..... in exercise of the powers conferred by section 76 of the indian forest act, 1927 (no. ..... petitioners were being granted licences for grazing their camels in the forest in accordance with the madhya pradesh grazing rules, 1979, framed by the state government in exercise of powers conferred by section 76 of the indian forest act, 1927. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2007MP286; 2007(4)MPHT35
..... under section 15 of the adhiniyam of 1987, the council or any committee authorised by rules made under section 29 shall be deemed to be a court within the meaning of the indian evidence act, 1872 and shall exercise all the powers of a commissioner appointed under the public servants (inquiries) act, 1850 and such enquiry shall be conducted, as far as may be, in accordance with the provisions of section 5 and sections 8 to 20 of the public servants (inquiries ..... we find that the medical council of india with the previous approval of the central government has made the regulations of 2002 under section 20a read with section 33(m) of the indian medical council act, 1956 (for short 'the act of 1956'). ..... they have stated that regulation 6.1 of the indian medical council (professional conduct, etiquette and ethics) regulations, 2002 (for short 'the regulations of 2002') prohibits doctors who have been registered as medical practitioners, from advertising their names in large sign-boards or hoardings, but in the entire state of madhya pradesh, ..... 1 and 2 to constitute a permanent committee to keep vigil on the soliciting and infamous acts of the medical practitioners and to frame a policy through which the doctors at large may be made ..... such material of publicity in the letter head or on sign board of the consulting room or any such clinical establishment shall be regarded as acts of self advertisement and unethical conduct on the part of the physician. ..... 2002 is titled as 'unethical acts'. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(1)MPLJ328
..... further it is argued by shri agrawal, learned counsel that 12 years possession under an unregistered sale deed may create title by adverse possession but since plaintiff has not perfected his title by way of adverse possession therefore he cannot ask for the relief of possession of the suit property and plaintiff will be ..... article 64 of indian limitation act, 1963 (in short the act of 1963) throws sufficient light to bring a ..... since it was a conveyance deed, it requires registration compulsorily in view of section 17 of indian registration act, 1908 ( in short the 'act'). ..... conclusion that the suit which was filed on the basis of an unregistered sale-deed seeking relief to get it registered would be deemed to be a suit for specific performance of contract under section 10 of specific relief act, 1963 and hence the appellate court affirmed the decree of the trial court directing defendant no. ..... article, a suit for possession of immovable property based on previous possession and not on title can be brought by plaintiff within 12 years from the date of dispossession. ..... the objects and reasons to introduce this article it is clear that this article has replaced article 142 of old act and has been introduced to bring the suit on the basis of possessory title. ..... under this article, the plaintiff must at the outset show that he had been in possession within 12 years before suit, however he is not at all bound to prove his title. ..... held that such an endorsement would not be a retransfer of title. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ966
..... , we hold that the question whether the disputed sales were exempt from sales tax would rest on the finding to be recorded as to whether the sales were effected by transfer of documents of title to the goods after the goods crossed the customs frontier of india and without deciding this question, the board of revenue was not justified in holding that the sales did not constitute sales in ..... revenue was not justified in holding that the sales were not covered by the second part of section 5(1) without giving a finding on the questions as to whether the sales were effected by transfer of documents of title to the goods and whether that was after the goods crossed the customs frontiers of india.8. ..... facts and circumstances of the case, the board of revenue is justified in holding that to constitute an export sale effected by transfer of documents of title to the goods after such goods have crossed the customs frontier of india, under the second limb of section 5(i) of the central sales tax act, 1956, there should be only two parties, i.e. ..... apply in two cases, namely : (i) if the sale or purchase occasions in respect of goods out of the territory of india or, (ii) if the sale is effected by transfer of documents of title to the goods after they had crossed the customs frontiers of india. ..... payment was to be made by the indian buyer to the assessee after the goods were put on the board vessel and the indian buyer was to export the goods on the strength of ..... act, 1958 (for short, the act .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP55
..... in paragraph 5.15 of the writ petition, the petitioner has quoted rule 123 of the central motor vehicles rules, 1989, (for short 'the cmv rules') titled 'safety devices in motorcycle', which provides that no motor cycle which has provision for pillion rider, shall be constructed without provision for a permanent hand grip on the side or behind the driver's seat and a ..... that the registering authority may satisfy itself that the particulars contained in the application are true and that the vehicle complies with the requirements of this act and of the rules made thereunder.it will be clear from the bare language of section 44 of the act that the registering authority before registering a motor-vehicle or renewing a certificate in respect of motor-vehicle may satisfy itself that the vehicle complies with ..... alleged that for the death due to motor cycles, the state of madhya pradesh is responsible because the registering authorities have been registering the motor cycles in violation of the provisions of the motor vehicles act, 1988 (for short 'the act') and in particular section 44 of the act. ..... 6, society of indian automobile manufacturers, for grant of permission to direct the respondents to register motor cycles sold by manufacturers in the state of madhya ..... submitted that prototypes of the motor-cycles manufactured by different manufacturers have thus been tested by these agencies and issued with certificates that the motor-cycles comply with provisions of the act and the cmv rules. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2008MP254
..... them to recover the additional duty at 1% and as the additional charge was created in the property somewhere in the year 1994 when the cap under section 75 of the panchayat act had not come in force they were obliged and duty bound to deduct the amount on being asked that what were the instructions and what document had been filed to support this ..... shri shrivasvata however is that once the state government exercising its powers under section 9(1)(a) of the indian stamp act, 1899, reduced, remitted or compounded the stamp duty then such duty as reduced by the ..... he also submits that section 75 though at one side provides that the duty imposed under the indian stamp act shall stand increased by 1% on the value of such property or in the case of mortgage on the amount secured by the instrument but the first proviso clearly provides that such extra ..... in a given case when a customer / account holder issues instruction to the bank to do a particular act then the bank is obliged to act in accordance with such instructions and if the bank does not wish to observe such instructions then the bank is obliged to inform the customer that for one reason or ..... (annexure p/2) is before this court with a submission that provisions contained in section 75 of madhya pradesh panchayat raj awam gram swaraj adhiniyam, 1993 (panchayat raj act for short) are ultra vires the constitution, the respondent no.2 i.e. ..... clearly provides that equitable mortgage by surrender of title deeds if is beyond the value of rs .....
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