Court : Delhi
..... or organisation in breeding, evolving or developing the variety; (f) be accompanied by a statement containing a brief description of the variety bringing out its characteristics of novelty, distinctiveness, uniformity and stability as required for registration; (g) be accompanied by such fees as may be prescribed; (h) contain a declaration that the genetic material or parental material acquired for breeding, evolving or developing the variety has been lawfully acquired; and ..... which has not been sold or otherwise disposed of shall not affect the right to protection: provided further that the fact that on the date of filing the application for registration, the propagating or harvested material of such variety has become a matter of common knowledge other than through the aforesaid manner shall not affect the criteria of novelty for such variety ..... of validity shall not exceed, (i) in the case of trees and vines, eighteen years from the date of registration of the variety; (ii) in the case of extant variety, fifteen years from the date of the notification of that variety by the central government under section 5 of the seeds act, 1966 (54 of 1966); and (iii) in other cases, fifteen years from the date ..... variety and kmh50 by the manager of phi seeds limited, a wholly owned subsidiary of pioneer overseas corporation and the senior research associate of pioneer overseas corporation who had visited the dus test centre at rajendernagar, andhra pradesh on 7th october, 2010 in connection .....
Tag this Judgment!Court : Delhi
..... or organisation in breeding, evolving or developing the variety; (f) be accompanied by a statement containing a brief description of the variety bringing out its characteristics of novelty, distinctiveness, uniformity and stability as required for registration; (g) be accompanied by such fees as may be prescribed; (h) contain a declaration that the genetic material or parental material acquired for breeding, evolving or developing the variety has been lawfully acquired; and ..... which has not been sold or otherwise disposed of shall not affect the right to protection: provided further that the fact that on the date of filing the application for registration, the propagating or harvested material of such variety has become a matter of common knowledge other than through the aforesaid manner shall not affect the criteria of novelty for such variety ..... of validity shall not exceed, (i) in the case of trees and vines, eighteen years from the date of registration of the variety; (ii) in the case of extant variety, fifteen years from the date of the notification of that variety by the central government under section 5 of the seeds act, 1966 (54 of 1966); and (iii) in other cases, fifteen years from the date ..... variety and kmh50 by the manager of phi seeds limited, a wholly owned subsidiary of pioneer overseas corporation and the senior research associate of pioneer overseas corporation who had visited the dus test centre at rajendernagar, andhra pradesh on 7th october, 2010 in connection .....
Tag this Judgment!Court : Delhi
..... the petitioner is a registered society registered under the provisions of the societies registration act, 1861. .....
Tag this Judgment!Court : Delhi
..... scenario when an indian flag vessel owned and offered by an indian citizen/indian company/ indian society is placed on the same pedestal as foreign flag vessel offered by an indian citizen/ india company/ india society in its capacity as a mere charterer which does not require registration under the act, 1958. ..... by the respondent no.1 and circular no.02/2019 dated 22.03.2019 by the respondent no.2 which have been issued under sections 406 and 407 of the merchant shipping act, 1958 (hereinafter referred as ms act, 1958), whereby allowed a completely alien concept of an indian built ship to get commercial rights higher than an indian flag vessel under the act, 1958 and to destroy any statutory recognition and preference available to an indian flag vessel over foreign flag vessels ..... the preamble to the act states:-" an act to foster the development and ensure the efficient maintenance of an indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a national shipping board, to provide for the registration, certification, safety and security of indian ships and generally to amend and consolidate the law ..... this circular was issued in exercise of powers under section 406 and section 407 of the act, 1958 introducing the provision for right of first refusal (rofr) defined as right which accrues to a bidder in the tendering process- who offers an indian flag vessel and whose rate though not ..... association ..... association ..... association ..... association .....
Tag this Judgment!Court : Delhi
..... scenario when an indian flag vessel owned and offered by an indian citizen/indian company/ indian society is placed on the same pedestal as foreign flag vessel offered by an indian citizen/ india company/ india society in its capacity as a mere charterer which does not require registration under the act, 1958. ..... by the respondent no.1 and circular no.02/2019 dated 22.03.2019 by the respondent no.2 which have been issued under sections 406 and 407 of the merchant shipping act, 1958 (hereinafter referred as ms act, 1958), whereby allowed a completely alien concept of an indian built ship to get commercial rights higher than an indian flag vessel under the act, 1958 and to destroy any statutory recognition and preference available to an indian flag vessel over foreign flag vessels ..... the preamble to the act states:-" an act to foster the development and ensure the efficient maintenance of an indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a national shipping board, to provide for the registration, certification, safety and security of indian ships and generally to amend and consolidate the law ..... this circular was issued in exercise of powers under section 406 and section 407 of the act, 1958 introducing the provision for right of first refusal (rofr) defined as right which accrues to a bidder in the tendering process- who offers an indian flag vessel and whose rate though not ..... association ..... association ..... association ..... association .....
Tag this Judgment!Court : Delhi
..... scenario when an indian flag vessel owned and offered by an indian citizen/indian company/ indian society is placed on the same pedestal as foreign flag vessel offered by an indian citizen/ india company/ india society in its capacity as a mere charterer which does not require registration under the act, 1958. ..... by the respondent no.1 and circular no.02/2019 dated 22.03.2019 by the respondent no.2 which have been issued under sections 406 and 407 of the merchant shipping act, 1958 (hereinafter referred as ms act, 1958), whereby allowed a completely alien concept of an indian built ship to get commercial rights higher than an indian flag vessel under the act, 1958 and to destroy any statutory recognition and preference available to an indian flag vessel over foreign flag vessels ..... the preamble to the act states:-" an act to foster the development and ensure the efficient maintenance of an indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a national shipping board, to provide for the registration, certification, safety and security of indian ships and generally to amend and consolidate the law ..... this circular was issued in exercise of powers under section 406 and section 407 of the act, 1958 introducing the provision for right of first refusal (rofr) defined as right which accrues to a bidder in the tendering process- who offers an indian flag vessel and whose rate though not ..... association ..... association ..... association ..... association .....
Tag this Judgment!Court : Delhi
..... scenario when an indian flag vessel owned and offered by an indian citizen/indian company/ indian society is placed on the same pedestal as foreign flag vessel offered by an indian citizen/ india company/ india society in its capacity as a mere charterer which does not require registration under the act, 1958. ..... by the respondent no.1 and circular no.02/2019 dated 22.03.2019 by the respondent no.2 which have been issued under sections 406 and 407 of the merchant shipping act, 1958 (hereinafter referred as ms act, 1958), whereby allowed a completely alien concept of an indian built ship to get commercial rights higher than an indian flag vessel under the act, 1958 and to destroy any statutory recognition and preference available to an indian flag vessel over foreign flag vessels ..... the preamble to the act states:-" an act to foster the development and ensure the efficient maintenance of an indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a national shipping board, to provide for the registration, certification, safety and security of indian ships and generally to amend and consolidate the law ..... this circular was issued in exercise of powers under section 406 and section 407 of the act, 1958 introducing the provision for right of first refusal (rofr) defined as right which accrues to a bidder in the tendering process- who offers an indian flag vessel and whose rate though not ..... association ..... association ..... association ..... association .....
Tag this Judgment!Court : Delhi
..... mavi, learned counsel for the respondents submits that section 1, sub-section 4 of the esi act has to be read with section 90 and 91a, which we also reproduce ..... in the absence of the petitioner having fulfilled the aforesaid conditions along with valid esi registration certificate and valid epf registration certificate, the tender has been rejected.6. mr. j.p. ..... any notification granting exemption under section 87, section 88, section 90 or section 91 may be issued so as to take ..... organizational structure of the bidder as per form - d, (vii) certificate of registration for goods and service tax (gst). ..... being a public sector undertaking, the petitioner is exempted and for which reliance is placed on section 1 sub-section 4 of the employees state insurance act, 1948, and section 1 sub-section 3 w.p. ..... societies, employing less than fifty persons and working without the aid of power; or (b) to any other establishment belonging to or under the control of the central government or a state government and whose employees are entitled to the benefit of contributory provident fund or old age pension in accordance with any scheme or rule framed by the central government or the state government governing such benefits; or (c) to any other establishment set up under any central, provincial or state act ..... [(1) this act shall not apply- (a) to any establishment registered under the co-operative societies act, 1912 (2 of 1912), or under any other law for the time being in force in any state relating .....
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..... been said that the plaintiff no.1 sunil mittal, by adopting the name of his tailoring business as the darzi is not entitled to restrain other tailors, catering to section of society not familiar with the word tailor , is not entitled to restrain m/s raza, nabi & kumar from informing their prospective customers the services of darzi provided by them ..... defendant has placed on record examples of numerous other companies that operate with the same domain prefix, and the plaintiff has yet to put on record any evidence suggesting is only associated in the minds of the public with the plaintiff's business and nobody else, thus has acquired a secondary meaning and distinctiveness. ..... 2738949, 2746230 and 2746229 were allowed and the plaintiff became the registered proprietor of the marks zen and zenmobile under classes 09, 21 and 36 of the trade marks act, 1999.he submitted that the trademarks zen and zen mobile are arbitrary and coined words which have no relation to the business of mobile phones and accordingly are not descriptive ..... is also relevant that both the parties have received registration under the tm act for their competing brands. 16. ..... to establish that the word shri ram by extensive use in respect of schools is only associated with the respondents and none else. ..... was likely to cause confusion in the minds of the public that the defendants goods were somehow associated with the plaintiff s. ..... trademark in the context of its source, the manufacturer is inseparably associated with it. .....
Tag this Judgment!Court : Delhi
..... the petitioner is an association registered under the societies registration act, 1860 and was constituted, inter alia, for the redressal of grievances and for the welfare of the retired employees ..... coram hon ble mr justice vibhu bakhru judgment vibhu bakhru, j1 the petitioner an association of retired employees of respondent no.2 company (hereafter pecl) has filed the present petition impugning a circular dated 05.10.2017 issued by pecl (hereafter the impugned circular ), whereby the medical reimbursement to its retired employees ..... it is also pointed out that in terms of the said office memorandum, the contribution of pecl towards the medical scheme and other superannuation benefits (including provident fund and gratuity) was limited to 30% of the basic ..... it is contended that in terms of the said office memorandum, the medical scheme is required to be defined contribution scheme and not a defined benefit scheme and the benefit available to an independent executive would be determined based on ..... that the impugned circular, essentially, is ultra vires of the constitution of india inasmuch as it denies the members of the petitioner association the benefits of the medical scheme. ..... pecl also relied on an office memorandum dated 21.05.2014 issued by the department of public enterprises, which stipulates that the contributory scheme may be reviewed every year based on profitability/affordability of the company and contribution by cpse should ..... the said office memorandum relied upon by pecl .....
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