Court : Mumbai
..... that whirlpool s design was merely a combination of known designs and, therefore, lacked originality. after looking at the definitions of article and design in the designs act, 2000, the division bench concluded that it is the article by itself that must have its stand-alone identity. design , in this context, means the design ..... ground not only for opposing this notice of motion but also for seeking a cancellation of the design registration. if the definition of a design under the designs act, 2000 is restrictive because it uses the words means only , and this definition includes ornamentation, then, in his submission, the plaintiffs have claimed no registration ..... , is manufactured by the defendants. 3. the question in this notice of motion for interim relief in an action in infringement and passing off under the designs act, 2000, is whether the defendant s product infringes the plaintiffs registered design. 4. i must state straight away that, though this is perhaps oversimplified, to the .....
Tag this Judgment!Court : Mumbai
..... products are not sold across the counter. this is also a factor which ways against the plaintiff being granted any relief. 3.19 that even otherwise, the defendant has acted in good faith and the manner in which the defendant's logo was adopted is completely honest and/or bona fide. the manner in which the defendant's mark was ..... interim reliefs on the basis of copyright. the plaintiff's logo is an original artistic work. the plaintiff's logo is registered as an artistic work under the copyright act and a certificate of registration is produced at exhibit-d page 46 of the plaint. the said registration is an evidence of the plaintiff's entitlement to copyright in ..... of the defendant is deceptively similar to the plaintiff's logo mark. the plaintiff 's logo is a well-known trade mark within the meaning of the trade marks act, 1999. therefore the plaintiff is entitled to the reliefs of infringement not only in respect of goods falling in classes in which the plaintiff's logo is registered, but .....
Tag this Judgment!Court : Mumbai
..... charged with scrutinizing communications to intercept, suppress, or delete material harmful to his country's or organization's interests e: one who lacking official sanction but acting ostensibly in society's interests scrutinizes communications, compositions, and entertainments to discover anything immoral, profane, seditious, heretical, or otherwise offensive. 3 archaic : critic ..... to issue such directions as it may think fit setting out the principles which shall guide the authority competent to grant certificates under the act in sanctioning films for public exhibition. ..." "49. judging the directions from this angle, we find that there are general principles regarding the ..... kadam would submit that the power to make rules conferred in the central government is for the purpose of effective implementation of the provisions of the act. accordingly, mr. kadam relies upon the cinematograph (certification) rules, 1983. he would submit that the rules, apart from enlisting various authorities .....
Tag this Judgment!Court : Mumbai
..... the cwc thane hereby declares the said children (siblings) male child vaibhav and female child shrutika legally free for adoption under section 41-5 (a and b) for j.j. act, 2006. hence the said siblings vaibhav and shrutika have to be rehabilitated through adoption (pg.14-15) 10. again, mr. hareendran states this accurately and with required neutrality and attachment ..... world india trust. this was under an order of the child welfare committed dated 10th february 2014 passed under section 56 of the juvenile justice (care and protection of children) act, 2000 as amended in 2006. 4. it appears from the record that while hearing the petition, the birth mother appeared before this court (mrs. r.s. dalvi j). dna testing .....
Tag this Judgment!Court : Mumbai
..... they are propped up by builders and developers with ulterior motives to file such petitions by relying on the repeal of the urban land (ceiling and regulation) act, 1976 (principal act) in the state of maharashtra with effect from 29th november, 2007. though physical possession of these lands is with the state and not challenged by the ..... of maharashtra and ors. vs. prabhu (1994) 2 scc 481. (xiv) shantaram hirachand danez vs. narayan bapusa fulpagar air 1999 bombay 16. (xv) anthony c. leo vs. nandlal bal krishnan and ors. (1996) 11 scc 376. (xvi) smt. bhadrabati devi w/o. dinabandhu tiwari vs. jibanmal babu and ors. air 1941 calcutta 163. (xvii) balvant n. vishwamitra ..... notice under section 10(5) is bad in law. fifthly, there is no question of considering a corrigendum in proceedings under section 20(2) of the ulc act/principal act, as that is of no consequence and having no relevance to the withdrawal of exemption. sixthly, it is incorrect to assume that the proceedings under section 8 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... above, shall also be followed in the cases of transfer and shifting of the schools for special children established under the provisions of the act of 1995. 38. for the reasons recorded herein above, issuance of the government resolution dated 12th september, 2014, according to us, was the arbitrary exercise ..... can be followed in the matters of transfer and shifting of the schools established under the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995. we, therefore, direct that the modalities as are incorporated in the government resolutions dated 31st july, 2013 and 17th february, 2012, referred to herein ..... and it should be preferably from the commencement of the new academic session subject to prior permission of the charity commissioner under section 36 of the bpt act. 35. it is further significant to note that in pursuance of the directions, as above, given by the division bench of this court, vide government .....
Tag this Judgment!Court : Mumbai
..... that deolankar should continue to function as an executor. this is yet another conflict that is never fully reconciled. 33. section 301 of the succession act says: section 301. removal of executor or administrator and provision for successor the high court may, on application made to it, suspend, remove or ..... trustee to the estate forever ; (2) regarding treating all beneficiaries fairly without picking favourites for making speedy disbursals ... without misappropriating funds, etc. (3) regarding acting personally and not through metco as deolankar s constituted attorney; (4) regarding preservation and protection of the estate; (5) regarding paying the dues of the estate ..... these show that most, and perhaps all, of the petitioners grievances cannot be accepted simply because at the relevant time the petitioners consented to those acts. the petitioners also received benefit from the estate under the very will they now dispute and as a direct result of deolankar s administration. many .....
Tag this Judgment!Court : Mumbai Nagpur
..... his pleadings about date of knowledge are inconsistent but, that is hardly relevant for the purpose of considering the bar under section 12[2][a] of the 1955 act. had there been a fraud or suppression, the spontaneous reaction of appellant husband and his family members would have been totally different. they would have rushed to ..... transferred to nagpur later on. just 5 days prior thereto and on 28.03.2012, the respondent wife filed a petition under section 9 of the hindu marriage act for restitution of conjugal rights at nagpur. appellant husband filed his written statement opposing restitution on 13.07.2012, while respondent wife filed her written statement opposing ..... that in this situation the story pleaded by the appellant/husband ought to have been treated as admitted. he has also relied upon section 58 of the evidence act. 4. inviting attention to the story as pleaded by the respondent wife in her petition for restitution of conjugal rights, he submits that the respondent wife has .....
Tag this Judgment!Court : Mumbai
..... loan amount, notices were issued by the respondent no. 2 bank under the provisions of the securitization and reconstruction of financial assets and enforcement of security act, 2002 (securitization act) calling upon the said rajesh sawant and the sureties to the loan account, to pay a sum of rs.3,83,68,201/- to the respondent ..... challenging not only the recovery certificate but also the auction sale notices issued in the meanwhile. in compliance with the provisions contained in section 154 of the mcs act, the petitioner also deposited 50% of the amounts referred to in the recovery certificate. the divisional joint registrar, by the impugned judgment and order dated 18 ..... submitted that the respondent no.2 bank, either by not responding to this proposal or by impliedly denying the benefit of the ots to the petitioners, was acting in an arbitrary and unreasonable manner. the learned counsel, made reference to the ots circular and pointed out that there was nothing in the circular, which .....
Tag this Judgment!Court : Mumbai Aurangabad
..... wife filed criminal appeal in the high court challenging the acquittal of the appellant husband and his parents of the offences under the dowry prohibition act and also the acquittal of his parents of the offence punishable under section 498a ipc. she filed criminal revision seeking enhancement of the punishment awarded ..... the question whether the respondent had deserted petitioner without reasonable cause. fourth issue related to, whether there was bar under section 23 of the hindu marriage act. parties brought on record necessary evidence. petitioner examined himself as pw1 giving evidence on line of above pleadings. per contra respondent led her evidence on ..... quarreled. she quarreled and deserted the petitioner claiming that she will put him behind the bars. she threatened to commit suicide. she consistently humiliated him which acts amounted to cruelty. it had become impossible to live with her due to mental agony and torture. with such facts the first petition claimed divorce. .....
Tag this Judgment!