Court : Mumbai
Reported in : AIR1964Bom137; (1963)65BOMLR843; ILR1964Bom114; 1964MhLJ51
..... follows :vuqe?kjernkjkpa ukaoiq:'ko;uacjuacjsfdaok h 423211lnkf'ko ekjksrh lq[kkgsiq-21424**xtkckbz t- ekjksrh lq[kkgsh51425212ufkw ekjksrh lq[kkgsiq-36426**ikjcrh t- ufkw lq[kkgsh25427213mksukth ekukth lq[kkgsiq-55it will be noticed that the surname as mentioned in thenomination paper of the candidate as well as of the proposer is sheogaonkar, whereas, according to the findings,in the list of voters it was 'tayade' in the case ..... , the removal of ambuji's name upon his death also resulted in the removal of the surname and that surname has disappeared for the first time in the voting list for the 1962 elections and the sign ..... the election tribunal itself appears to have felt this when it held that the surname did not at all constitute an essential requirement of the description of voters in ..... have already pointed out that in the voting lists of 1952 and 1957 the surnames are not mentioned against the remaining members of the family, namely, gunkabai, bhiku ..... another stand which the petitioner has taken in the petition is that the surname is not essential to be mentioned in the nomination paper, nor is ft any part of the name of the candidate as prescribed by the rule, and therefore there was no substantial error in the ..... the provisions contained insection 36 of the representation of the people act 1951,i examined and scrutinised this nomination paper andorder as below : there is a difference in the surnames of both the candidate, and his proposer as compared with the voters' list. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR2371
..... been mentioned as 'arjuna naique ozarkar', affidavit dated 3/7/2007 of suresh tukaram naik son of tukaram babani naik, paternal uncle of petitioner sandeep to prove that family was using 'naik' or 'naik vazarkar' or 'vazarkar' or 'ozarkar' as surname and it belonged to gomantak bhandari samaj, birth certificate of suresh dated 7/4/1993 showing tukarama babani naique as his father, affidavit dated 25/10/2007 of one madhukar dhargalkar declaring that he belongs to bhandari naik caste and was ..... 1364 in list of mahajans, that mahadev used to come to temple with arjun and that family of late arjun naik was also known as 'ozarkars' and often used surname 'vazarakar' or 'naik vazarkar'; affidavit in evidence of digambar narayan kauthankar dated 21/10/2008 disclosed that he knew family of petitioner for 45 years, that he had seen mahadev baboni naik vazrakar, that said family was agriculturist ..... is also invited to the birth certificate issued to keshav harischandra naik, another son of harishchandra where along with surname 'naik' surname 'vazarkar' has also been used as part of surname and names of grandparents are also mentioned, as mahadeo naik vazarkar and parvati mahadeo naik vazarkar. ..... is also invited to the birth certificate issued to keshav harischandra naik, another son of harishchandra where along with surname 'naik' surname 'vazarkar' has also been used as part of surname and names of grandparents are also mentioned, as mahadeo naik vazarkar and parvati mahadeo naik vazarkar. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(3)WLN515
..... it is a state government's communication which says that from the state government's forms arid registers the provision for surname and caste should be deleted, the respondents, in the face of this communication of the tehsildar beawar who has made his position clear that using of surname is prohibited under the state government's orders containing in annex. ..... the tehsildar intimated that it is not possible for him to add the surname and this communication of the tehsildar was brought to the notice of the respondents alongwith the circular annex. 7 ..... under these circumstances, it cannot be said that the petitioner was responsible for creating a situation wherein there was no surname mentioned in the certificate issued by an officer of the respondent state. ..... the petitioner has not used any other surname than the one which was mentioned in the caste certificate ..... r.1 and r.2 it has been written that name and surname should be the same as is mentioned in the marksheet, the petitioner could not have been denied admission ..... the contention of the respondents is that in the certificate no surname is added and, therefore, this clause has not been complied with and, therefore, his form was not considered to be complete in terms of 9(3)(i) of annex ..... best it can be said that if the surname is used then the same surname should have been used. ..... , the respondents contend that the petitioner's case was not liable to be considered because the surname has not been mentioned in terms of condition no. .....
Tag this Judgment!Court : Delhi
Reported in : LC2009(1)187; 2009(40)PTC67(Del)
..... for registration or some predecessor in his business;(c) one or more invented words;(d) one or more words having no direct reference to the character or quality of the goods and not being, according to its ordinary signification, a geographical name or a surname or a personal name or any common abbreviation thereof or the name of a sect, caste or tribe in india;(e) any other distinctive mark. ..... the position in law therefore may be stated to be that there is a prima facie bar to the registration in part 'a' of a surname and/or name of caste / sect simpliciter but this bar can be overcome on the evidence of distinctiveness by the express provision of section 9(2) of the statute ..... shall not be registered in part a of the register unless it contains or consists of 'one or more words having no direct reference to the character or quality of the goods and not being, according to its ordinary signification, a geographical name or a surname or a personal name or any common abbreviation thereof or the name of a sect, caste or tribe in india. ..... kumar, learned counsel appearing for the first respondent, submitted that section 9(1)(d) of the act clearly lays down that surname, personal name or name of caste / sect are to be considered registrable only upon evidence of distinctiveness. ..... learned judge referred to the provisions of section 9 of the act to hold that without distinctiveness, the word aggarwal, because it was both a surname and also the name of a sect/caste, could not be registered. .....
Tag this Judgment!Court : Delhi
Reported in : 147(2008)DLT104; 2007(35)PTC616(Del)
..... (d), it was submitted, if a trade mark contains or consists of one or more words having no direct reference to the character or quality of the goods and not being according to its ordinary signification, a geographical name or a surname or a personal name or any common abbreviation thereof or the name of a sect, caste or tribe in india, the same would qualify for registration under the said clause. ..... predecessor in his business;(c) one or more invented words;(d) one or more words having no direct reference to the character or quality of the goods and not being according to its ordinary signification, a geographical name or a surname or a personal name or any common abbreviation thereof or the name of a sect, caste or tribe in india;(e) any other distinctive mark. ..... it was, thereforee, contended that there is no prohibition contained in section 9 of the 1958 act for registration of, inter alia, a surname which has no direct reference to the character or quality of the goods and are not associated in their ordinary signification with the goods for which ..... an exclusion in respect of the said one or more words which in their ordinary signification are not geographical names, surnames, personal names or any common abbreviation thereof or the names of the sect, caste or tribe in india. ..... sudhir chandra has gone wrong in submitting that since the surname aggarwal has no direct reference to the character or quality of the goods, it would qualify for registration under clause (d) of sub-section .....
Tag this Judgment!Court : Delhi
Reported in : 2009(40)PTC393(Del)
..... doubt the field of operation of both the appellant and the respondents is the same, viz education, however, the issue of deceptive similarity will also have to be negated not only on account of 'goenka' being a common surname but also because of the fact that other educational institutions using the name 'goenka' either per se or with other words already existed prior to the respondents establishing the institutions in the year 1994. ..... 9 of the repealed trade and merchandise marks act, 1957 and more particularly sub-section 1(d) and sub-section 2 and also the provision of section 9 of the new trademarks act, 1999 to contend that a common surname such as 'goenka' is devoid of distinctive character and to achieve distinctiveness in such a common surname, should not be easily accepted, he has relied upon in this regard, on the commentary of law of trade marks and passing off by p. ..... the learned single judge negated the arguments of the appellant that the respondents/plaintiffs cannot have monopoly of a common surname and further that the respondents did not have exclusive rights as there were other educational institutions in india which use the word 'goenka' as part of ..... (c) the learned single judge also held that the defence of the respondents that since the surname of their trustees is 'goenka', so far as the claim of their being entitled to use the same under section 35 of the trademark act, 1999 is concerned, is not correct because the defence of bona fide user of the name .....
Tag this Judgment!Court : Rajasthan
Reported in : II(1996)DMC309; 1996WLC(Raj)UC209; 1996(1)WLN661
..... the last argument in the series was that the change of the surname from 'purdashini' to 'jotwani' by the daughter o of the parties must be read as a change in the personality and status of the respondent herself. ..... for the husband petitioner that the respondent has ceased to be his 'wife' within the meaning of the term used in the language of section 125(1)(a) as their daughter living with the respondent has changed her surname from 'purdashani'to'jotwani'. ..... , that recovery of the arrears of the maintenance allowance cannot be effected through attachment of petitioner's salary and that the non-petitioner has ceased to be his wife as the daughter living with her had added the surname of 'jotwani' to her name. ..... even if the surname in the case of the daughter indicates a change in her social status such change does not and cannot bring about any change in the social status of her mother i.e. ..... change of surname by her of her own or even with the advice, efforts, instructions or even orders from the respondent does neither affect her individual personality nor that of the respondent. ..... a surname is simply an attribute to the name of a person and is normally used to denote or tell his sect, sub-sect, cast or sub-caste and is totally irrelevant to affect the civil, legal or constitutional rights of a person unless a law specifically .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IAD(SC)715; AIR1996SC1532; JT1996(1)SC378; 1996(1)SCALE377; (1996)2SCC273; 1996(1)LC285(SC)
..... the contention that he was popularly known as 'yadav' and he canvassed through out the constituency giving prominence to his full name 'akhand pratap singh yadav' and failure to add his surname in the ballot papers created confusion in the minds of voters especially amongst the rural uneducated voters cannot be accepted; for the simple reason that the rural and uneducated voters go by ..... the appellant as pw2 that he made the application under rule 8 requesting the returning officer to correct his name in the list of nominated candidates by adding his surname 'yadav' against his name 'akhand pratap singh' shown in the voter list, no other documentary evidence was produced before the high court. ..... the learned counsel for the appellant, while reiterating the contention regardingthe failure on the part of the returning officer to add his surname also submittedthat jatara constituency consisted of 148 polling booths and the counting of votesfactually took place only for the 147 polling booths and the votes in one polling ..... appellant, no doubt elaborately argued on the question concerning the failure on the part of the election authorities in not adding the surname of the appellant in the voters list and in the ballot papers. ..... of the pleadings, documents and the oral evidence found that the appellant had not filed any application under rule 8/9 of election rules before the returning officer for addition of his surname 'yadav' to his name in the list of the nominated candidates, as alleged. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR537; 2008(3)BomCR630; (2008)110BOMLR1047; 2008(3)MhLj872
..... we make it clear that we have accepted the statement made on oath by the petitioner by filing affidavit that the 29 persons bearing nandanwar surname, whose caste validity certificates have been invalidated by the amravati scrutiny committee are not her blood relatives. ..... shri bandagar, police inspector of vigilance cell then conducted a re-enquiry and submitted a report in which he stated that 29 persons having surname nandanwar had applied for caste certificate and their certificates have been invalidated by the amravati scrutiny committee. ..... in that case the high court had proceeded on the premise that once the surname of the candidate tallied with the name of the tribe, which finds mention in one or the other entries of the schedule appended to the 1976 order made in terms of article 341 of the constitution of india, the same ..... against the background of the statement made by relative of the petitioner, arjun nandanwar, that persons bearing surname nandanwar come from achalpur, their occupation is koshti; they belong to koshti community and that the petitioner's relatives bearing nandanwar surname reside at achalpur, 29 orders passed by the amravati scrutiny committee assume importance. ..... the scrutiny committee wrongly took into consideration the fact that 29 persons bearing surname nandanwar were found not to belong to halbi tribe by the amravati scrutiny ..... to the above are the 29 cases of persons bearing surname nandanwar coming from achalpur from where the petitioner hails. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1964Bom228; (1963)65BOMLR780; ILR1964Bom229
..... that of his father tally, and the particulars regarding age, the place where he resides and the house number where he resides also tally, it would be impossible to hold that merely because instead of his proper surname another surname is written through oversight or for any other reason he should be deprived this voting right by holding that this was not a clerical error. ..... ' the whole objection was, at least as we have pointed out, in the case of 18 voters, that their surnames differed from those stated in the electoral rolls and in view of this particular rule the question that now has to be answered is whether this should be regarded as clerical error or ..... it can be regarded as clerical error then undoubtedly the voter was entitled to vote in spits ot that fact that the surname was different from the one given by him. ..... evid once of isane, that of gayakwad and the police patil clearly shows that the objection was not as to the identity of the persons but was based only on the fact that the surnames given by them were different from the surnames that appeared in the electoral roll. ..... this view of the m after the question was not one of identity but the question was whether the returning officer was justified in issuing the ballot papers or not iu view of the fact that the surname did not (ally with the surname given by the voter. 22. ..... voters was regarding their surname, it must be held that under this rule there being merely a clerical error in writing the surnames, respondent no. .....
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