Court : Mumbai
Decided on : Jul-08-1957
Reported in : (1958)60BOMLR397
K.T. Desai, J.1. The petitioner carries on business of manufacturing and selling, amongst other things, yarn and thread. That petitioner is the proprietor of a registered trade mark known as the 'Sadhu' mark. The petitioner has been using wrappers and labels bearing a representation of that trade mark. The said trade mark has been registered in respect of yarn and thread, and has been used inter, alia in respect of two cord machine thread No. 40. The certificate of registration has been tendered and is marked as exh. B. The respondents, in the year 1955, started manufacturing and selling their two cord thread bearing No. 40 under a mark known as the 'Sanyasi' mark and are using labels bearing a representation of that mark. On May 5, 1955, the respondents got that mark registered as a design under the Indian Patents and Designs Act, 1911, in class 5. The certificate of registration of that design is exhibited in the case as exh. G. On May 10, 1955, the respondents applied for the regist...
Tag this Judgment!Court : Mumbai
Decided on : Jan-25-1957
Reported in : (1957)59BOMLR349
Shah, J. 1. This is an appeal filed against the order passed by the District Judge, Broach, under Section 56 of the Bombay Public Trusts Act, 1950; in Miscellaneous Application No. 8 of 1955 of his file. One Jhaverchand Dahyabhai Shah, who will hereafter be referred to as the testator died in 1916 having made and executed on August 6, 19.15, a will disposing of his considerable property. The testator belonged to the Ladva Shrimali Shravak Bania community and professed the Jain religion. By his will the testator appointed his brother's daughter Bai Jekore and one Ratanchand Savaichand as trustees to administer the estate. By Clause 6 of his will he directed that his business in grocery should be wound up after his death and the trustees should conduct a money-lending business. He then directed that the shop should be continued till the death ofhis niece Bai Jekore. By Clause 7 the testator provided certain specific bequests. Those bequests were as follows :-(1) Rs. 100/-to Broach Panjra...
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