Court : Allahabad
Decided on : Dec-14-1956
Reported in : AIR1957All683
Desai, J.1. This is a suit for the removal of an entry of the trade mark Amritdhara from the register of trade marks, for adding a note of disclaimer of any exclusive right to the word Amritdhara to the entry relating to the trade mark in the register and for imposing such limitation or condition on the registration of the trade mark Amritdhara as this court may deem just and proper. It is an admitted fact that on 21-8-1942 Pandit Thakur Dutt Sharma, defendant No. 2, managing proprietor of the Amritdhara Pharmacy Ltd., Dehra Dun, defendant No. 1, made an application No. 3813 before the Registrar of Trade Marks, Bombay, defendant No. 3, for registration of trade mark Amritdhara in class 5 of pharmaceutical substances.The trade mark was advertised in the Trade Marks Journal as required under Section 15(1) of the Trade Marks Act (Act No. V of 1940), but nobody objected to the registration of the trade mark. Consequently the Registrar registered the trademark on 16-2-3946 with effect from ...
Tag this Judgment!Court : Allahabad
Decided on : May-01-1956
Reported in : AIR1956All557
Kidwai, J. 1. I have had the advantage of reading the judgment prepared by my learned brother and I concur in the order proposed by him. In view of the Full discussion of the facts and the law contained in that judgment it is hardly necessary for me to add anything. I would, however, like to emphasise that though the Court may inquire into the fact of the Governor's satisfaction, it cannot inquire into the reasons for that satisfaction or into the sufficiency of those reasons. 2. In the present case there is no evidence to show that the Governor was not in fact satisfied. The material contained in the counter affidavit (the correctness of which is not disputed) indicates that the Governor was satisfied after mature and prolonged deliberation of the necessity for an amendment of the Sales Tax Act in order to meet the revenue requirements of the State. At first the necessity was not immediate since correspondence was going on between the State Government and the Union Government with reg...
Tag this Judgment!Court : Allahabad
Decided on : Mar-23-1956
Reported in : AIR1956All539
Brij Mohan Lall, J. 1. This is a special appeal against the decision of a learned single Judge of this Court. The appellants are three examinees, being the students of G. S. Hindu Inter College, Sikandra Rao, district Aligarh, who appeared in the intermediate examination of 1954 conducted by the Board of High School and Intermediate Education, UP., in March and April of that year. Their college itself was a centre for the purposes of the examination. Some of the examinees were found using unfair means and were expelled' from the examination hall. The appellants were not among them. They completed their examination.The results were declared by the aforesaid Board in the Leader of 12-6-1954, and were again published in the U. P. Gazette dated 16-10-1954. In both these notifications the appellants were declared as successful candidates. The mark sheets were also sent to all colleges and therein also the appellants were shown as having passed the examination. They joined B.A. Classes in di...
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