Judgment Search Results Home > Cases Phrase: trade marks act 1999 47 of 1999 section 126 implied warranty on sale of marked goods Court: madhya pradesh Page 1 of about 3 results (0.103 seconds)

Hariprasad Lal Chand Vs. Nanoo Khan HussaIn Bux

Court : Madhya Pradesh

Reported in : AIR1968MP234; 1968CriLJ1435; 1968MPLJ590

..... section 77 of the act reads thus:--'a person shall be deemed to falsely apply to goods a trade mark, who, without the assent of the proprietor of the trade mark, -- (a) applies such trade mark or a deceptively similar mark to goods or any package containing goods;(b) uses any package bearing a mark which is identical with or deceptively similar to the trade mark of such proprietor, for the purpose of packing, filling or wrapping therein any goods other than the genuine goods of the proprietor of the trade mark. ..... judge, bhopal, set aside the conviction on the more ground that in consequence of the enactment of the trade and merchandise marks act, 1958, and the consequent amendment of section 482, penal code, using a false trade mark is no more an offence punishable under section 482, penal code; and, it was not the complainant's case that the accused used a false property mark. ..... of the view that where the accused had notice of the allegations against him, which constitute an offence under section 78 of the trade and merchandise marks act, 1958, the trial is not vitiated, because of inadvertent reference to section 482, penal code, in the charge.12. ..... the accused is held guilty of theoffence under section 78 of the trade andmerchandise marks act, 1958, and is sentenced to pay a ..... case the learned magistrate, who framed the charge, by inadvertence mentioned section 482 of the penal code, instead of the appropriate section, that is, section 78 of the trade and merchandise marks act, 1958. .....

Onkarnath Vs. Sushila

Court : Madhya Pradesh

..... -------------------------------------------------------------------------------------- whether approved for reporting: yes / no.judgment 18/07/2013 challenge in this appeal under section 28 of the hindu marriage act, 1955 is made to the judgment and decree-dated 19.12.1996, passed by the 5th additional district judge, rewa in civil ..... statement filed, which is available on record, there is no whisper by her with regard to adultery if any, committed by the husband/appellant or any other act which can be termed as an act of cruelty, with regard to the appellant or his family members.there is not even a whisper of such an allegation in the written statement. ..... during the cours.of hearing, learned counsel tried to indicate that during the proceedings held before the trial court, respondent wife has made allegation of adultery against the appellant and as this is said to be an act of cruelty, we propose to deal with this matter as much stress was made on this count at the time of hearing. ..... bhagat (supra) has taken note of the import of the mental cruelty as is contemplated in the hindu marriage act and it has been held that if allegations are made by a wife in her written statement against the husband and all members of the family and they are alleged to be lunatic and that streak ..... rajbir, air 200.punbab & haryana 171 shobha mhatardev lomte versus mhatardev tukaram lomte, air 200.bombay 160 shyama bai (smt) versus sone singh lodhi, 1999 (1) mp weekly notes sn 163.and, amardas versus smt. .....

Radhakisan Naraindas, a Partnership Firm Vs. Trilokchand and ors.

Court : Madhya Pradesh

Reported in : AIR1959MP21

..... there can be no doubt that if the label was in current use before the registration of the plaintiff's label under the indian trade marks act, the provisions of the section above quoted would save prima facie the defendant from the grant of a temporary injunction. ..... though the learned judge in the court below did not mention specifically that he was persuaded by the provisions of section 25 of the indian trade marks act, the reasoning is manifest enough to show that he so did.3. ..... the provisions of that section are as follows :'nothing' in this act, shall entitle the proprietor or a registered user of a registered trade mark to interfere with or restrain the use by any person of a trade mark identical with or nearly resembling it in relation to goods in relation to which that person or a predecessor in title of his has continuously used that trade mark from a date prior-(a) ..... ..... unfortunately, neither side cared to lead evidence and relied upon affidavits, which in the circumstances of the case were a poor substitute for the kind of proof needed to apply section 25 of the indian trade marks act to such a case. ..... (b) to the registration of the first-mentioned trade mark in respect of those goods in the name of the proprietor or a predecessor in title of his,whichever is the earlier, or to object (on such use being proved) to registration of that identical or nearly resembling trade mark in respect of those goods under sub-section (2) of section 10. .....

Ramesh Chemical Industries Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : 1992(40)ECC199; 1980(6)ELT598(MP); 1980MPLJ479

..... bears whether on itself or on its container or both, a name which is not specified in a monograph in a pharmacopoeia, formulary or other publications notified in this behalf by the central government in the official gazette or which is a brand name that is, a name or a registered trade mark under the trade and merchandise marks act, 1958 (43 of 1958), or any other mark such as a symbol, monogram label signatureor invented words or any writing which is used in relation to that medicine for the purpose of indicating or so as to indicate a connection in the course ..... collector and the appellate collector is that repacking of glucose done by the petitioner amounted to 'manufacture' within the definition as contained in section 2(f)(iii) of the act and the petitioner was liable to pay excise duty under tariff item no. ..... this inference is further supported by section 3(h) of the drugs and cosmetics act which defines 'patent or proprietary medicines' to mean a drug ..... 'drug' is, however, denned in section 3(b) of the drugs and cosmetics act, 1940 as follows:'(b) drug includes-(i) all medicines for internal or external use of human beings or animals and all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of disease in human beings or animals; and(ii) ..... 'alcohol', 'opium', 'indian hemp', 'narcotic drugs' and 'narcotics' have the meanings respectively assigned to them in section 2 of the medicinal and toilet preparations (excise duties) act, 1955.'4. .....

Gopal Sharma Vs. the Vice Chancellor, Rdvv and ors.

Court : Madhya Pradesh

Reported in : 2003(4)MPHT185

..... the revaluation investigation committee constituted by the rdvv for finding out the malpractice committed in the confidential cell and examination section indicates that in examination section large number of forged mark-sheets have been issued on the basis of forged entries in the tabulation register for issue of forged mark-sheet, the writer, checker and signatory of the mark-sheets of the respective classes appears to be prima facie responsible for malpractice committed in the confidential cell of university ..... about composition of cell, functioning of the confidential cell, composition of examination section, procedure of mark-sheet preparation after revaluation have been elaborately given in the report. ..... it is clear that petitioner and concerned persons of the university colluded and petitioner got issued fake/ forged mark-sheet from the university showing him to have passed in the three subjects in which he had failed. ..... enrolment of the petitioner with the state bar council on the basis of such fake/forged mark-sheet is also illegal and void and petitioner has no right to practise on the basis of such an enrolment as enrolment certificate was surrendered during the pendency of this ..... learned counsel appearing for the petitioner, has submitted that it is a case where petitioner was issued the mark-sheet by the university officials, thus, responsibility of any fraudulent act can not be saddled on the petitioner. ..... appeared in the final 'examination in the academic session 1999-2000. .....

Smt. A.P. Marry Vs. K.G. Raghawan

Court : Madhya Pradesh

Reported in : AIR1979MP40; 1979MPLJ44

..... the learned additional district judge on appreciation of the evidence on record came to the conclusion that no case of cruelty under section 27(1)(d) of the act has been made out although it has been proved that the appellant was beaten by the respondent with an iron rod on 16-11-72 and she received injuries including ..... are, therefore, inclined to differ with the view of the trial judge and hold that a single act of violence may come under the mischief of section 27(1)(d) within the meaning of the words 'has treated with cruelty' provided the violence is of a ..... and conduct must, therefore, be recognised by the courts in determining what would amount to cruelty in the present set-up, and the court would be disinclined to dismiss lightly the so called isolated acts of violence and assault as not amounting to cruelty, if the victims of such assaults resent and take exception to them.' 11. ..... of course, the supreme court was interpreting section 10(1)(b) of the hindu marriage act which is as under:-- 'has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to ..... er 66 it has been held that the assault gave rise to a reasonable apprehension of injury in the future, having regard to the mental state of the husband, and was good ground for a finding of cruelty; therefore the wife was entitled to a decree nisi. 9. ..... be of a single act and it implies continuous course of conduct spread .....

Smt. Alopbai W/O Ramphal and anr. Vs. Ramphal Kunjilal and ors.

Court : Madhya Pradesh

Reported in : AIR1962MP211

..... having regard both to the circumstances in which the appellants were declared to be ex parte in the suit and to the failure of the courts below to give any consideration to the matters stated in section 9(1) and 23(1), we are of the opinion that the case must be remitted to the original court for a fresh 'trial'. ..... 1) was asked to be present in court on 1st may 1959 so as to enable the court to bring about a reconciliation between the parties under section 23(2) of the hindu marriage act, 1955, and when she (appellant no. ..... , neither the learned single judge nor the trial judge gave my consideration whatsoever to the matter mentioned in sections 9(1) and 23(1) while decreeing the plaintiff's claim for restitution of conjugal rights. ..... quite apart from the question whether there are any good grounds for setting aside the ex parte decree, the decree passed in this case for restitution of conjugal rights cannot be allowed 80 stand for the simple reason that both the learned single judge and ..... it is because of this that section 23(2) provides that before granting any relief under the act it shall be the duty of the court in the first instance to make every endeavour to bring about a reconciliation between the ..... there was therefore good ground for setting aside the ex parte decree when the appellants presented an application for that purpose ..... the trial court shall first fix a date for giving directions with regard to the production of evidence and shall intimate it to the paries in good time. .....

Arvind Kumar and anr. Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2001(2)ALD(Cri)131; 2001CriLJ2317; 2001(2)MPLJ172

..... as to the sentence on either cound under section 306, ipc and section 4 of the dowry prohibition act of imprisonment and fine, the appellants are not entitled for any leniency merely by the delay, the gravity of offence is not lessened and the offence is particularly against the society, womenhood and humanity ..... he was unmoved by the suicide committed by the deceased and supported that though wife of arvind was good woman, but, used to go away all of sudden and used to come back and on suggestion being put by accused he obliged by stating that she was little mad like which is not at all borne out and he ..... counsel for the state on the other hand has submitted that presumptive under section 113a is clearly attracted as the death took place immedidately after the marriage. ..... order to over-reach the pre- , sumption under section 113a, it was incumbent to show other reason of suicide as it is proved that sadhana committed suicide, she was harassed and other ingredients attracting the presumption under section 113a evidence act are available. ..... presumption under section 113a of the evidence act is not conclusive, but, it ..... submission that provision of section 113a evidence act as inserted by criminal law iind amendment, 1983 (act no. ..... the appellants have been adjudged guilty of abetement of suicide under section 306, ipc and making demand of dowry under section 4 of the dowry prohibition act. ..... neighbour has tried to act clean arid stated that behavious of the accused with sadhna was good. .....

Beniprasad Agarwal Vs. Hindustan Lever Ltd.

Court : Madhya Pradesh

Reported in : AIR1958MP348

..... as also of the previous trade marks act, their registration covers all colours and ..... registered in black and white and in view of the provisions of the indian trade marks act, 1940. ..... what i have to find out is whether there is an infringement of the trade mark of the plaintiff-company sufficient to warrant me to hold that some temporary action has to be taken to safeguard in irreparable injury ..... may be pointed out here that in registering their trade mark the lever brothers did not register it in any ..... is whether the attempt to put out products of the bajoria soap works in the impugncd labels causes prima facie an infringement of the plaintiff's labels, and also whether, in view of the fact that the goods, if sold, are likely to cause some loss to the plaintiff-company, they should be prohibited from selling during the pendency of the suit. 6. ..... this, where we are only at the stage of a temporary injunction, it is not necessary for me to lay down the law too elaborately as to what is included in 'passing off' or in infringement of trade marks and registered labels. ..... take security for likely damages; sometimes the courts put the plaintiff to strict proof of his account, both the production and of sale; sometimes the courts allow the defendant to carry on his work, because ultimately it may be found that there is no colourable imitation ..... under section 104 an, appeal lies against an order granting or ..... section 108 makes chapter vii apply to all appeals, irrespective of whether they arise .....

Jagdamba Oil Agency Vs. K.S. Oils Ltd. and ors.

Court : Madhya Pradesh

Reported in : 2006(1)MPHT427; 2006(33)PTC389(MP)

..... learned counsel representing respondents taking me through the suit filed by respondent in the court of district judge morena annexure p-2 so also the suit under section 142 of the indian trade mark act, 1999 annexure p-5, filed by the petitioner before distt. ..... so far as merit of the conclusion with regard to maintainability of the suit filed by the petitioner under section 142 of the registration of trade mark act or otherwise are concerned, i am of the considered view that this question need not be looked into in the present proceedings as they are ..... judge, darjeeling, inviting my attention to the provisions of section 142 of the trade mark act, has argued that under law, both the proceedings are entirely different in nature and therefore no case for stay of the ..... judge, darjeeling under section 142 of the trade mark act and have sought various reliefs in the said ..... case of shri mahila grih udyog (supra), specific question with regard to consideration of an application for temporary injunction under order 39 rules 1 and 2 of cpc and the implication of stay of a suit under section 10 of cpc was considered and learned judge has held in clear term that even after staying proceeding pertaining to trial of a suit, application for temporary injunction under order 39 rules 1 and 2 of cpc can ..... the plaintiff in the aforesaid suit that the petitioner/defendant in the suit so also the plaintiff are engaged in manufacturing and sale of mustard oil and both are using a common trade mark, i.e. .....