Court : Chennai
Reported in : (2009)6MLJ470; 2009(41)PTC427(Mad)
..... business in the name of 'sri pattatharasiamman textiles' by affixing jet brand label and they are manufacturing cotton lungies and they are doing business in different parts of india like bihar, orissa, west bengal, kerala, andra, karnataka, tamil nadu and pondicherry and their label will be in the form of aeroplane flying and the public after seeing the label will produce their products and from the ..... that the applicant has made out that it is a clear case of infringement of their trademark boom plus by the respondent by using their trade mark super boom and that the respondent has committed an act of passing off their goods as that of applicant by using their trademark superboom, which is deceptively similar and identical to the plaintiff's trademark boom plus and by using phonetically similar mark and making the ..... holds that the respondent/defendant with a dishonest intention has adopted the trading style label similar to that of appellant/plaintiff and has practised deception and has committed an act of passing off infringement of trade mark of the appellant/plaintiff and resultantly, the appellant/plaintiff is entitled to the relief of permanent injunction restraining the respondent/defendant, his men, agents etc. ..... the appellant has applied for the registration of the trade mark as per the relevant provisions of trade and merchandise mark act, 1958 before the registrar of trade marks at chennai on 02.02.1987 in clause 24 in respect of textile cloth which has ..... : [1965]1scr737 , .....
Tag this Judgment!Court : Chennai
..... and others, [2009] 2 scc 570, the supreme court has held that the decision of the enquiry authority must be based on certain legal evidence and that even though the provisions of the indian evidence act do not apply in strict sense, the principles of natural justice requires that the documents must be proved in the manner known to law and mere production is not sufficient in the circumstance when the documents only ..... state of west bengal, air 1980 sc 1170 and submit that what was done was strictly as per the circular of the central vigilance commission. ..... writ petitioner has joined in the services of the first respondent/corporation as technical assistant (analyser) on 30.9.1965 and was promoted as assistant manager (quality control) in the year 1977. ..... even though it is true that in departmental proceedings the provisions of the indian evidence act do not apply in strict sense, there must at least be a semblance of applicability of principles of law, which is the basis of the concept of natural justice ..... on the contrary to this, request was placed on west zone to place a further order as per their running rate ..... the provisions of the evidence act may not be applicable in a departmental proceeding but the principles of natural justice ..... the charges have not been corroborated by evidence by prosecution witness in the oral enquiry and only by production of documents everything was concluded without corroborating the charges and in effect, the enquiry officer has acted as a prosecutor. .....
Tag this Judgment!Court : Chennai
..... state of west bengal {air 1959 sc 144}, a question arose whether the revision filed under section 431 of the code of criminal procedure would abate, upon the death of ..... in the appellate side rules of the high court, madras, issued by the high court in 1965, under the provisions of section 122 of the code, a specific provision has been incorporated under order iv, ..... division bench held that as neither order 22 of the civil procedure code, nor the limitation act, applies to civil revision petitions, there can be no question of abatement of such petitions. ..... of holding as to what shall be a reasonable time, the high court may take note of the period prescribed under article 120 of the limitation act for substituting the heirs of the deceased defendant or the respondent. ..... (h) the court has the power under section 5 of the limitation act, 1963 to condone the delay in seeking to set aside the abatement caused due to the death of the defendant, if the plaintiff shows that he was ignorant of the death of the defendant and that as a consequence, he ..... follows:- the provisions of order xxii of the code and indian limitation act, relating to abatement shall apply to civil revision petitions 52. ..... to call for the record of any case, which has been decided by any court subordinate to it, if such subordinate court had exercised the jurisdiction not vested in it in law or failed to exercise a jurisdiction vested in it or acted in exercise of its jurisdiction illegally or with material irregularity. .....
Tag this Judgment!Court : Chennai
..... of west bengal [air 1970 supreme court 1228], it is held as follows:the question whether a man has only committed a breach of law and order or has acted in a manner likely to cause a disturbance of the public order is a question of degree and the extent of the reach of the ..... degree of disturbance and its effect upon the life of the community in general or in particular locality which determines whether the disturbance amounts only to breach of law and order or a disturbance of public order.4.it is potentiality of the act to disturb the even tempo of the life of the community which makes it prejudicial to the maintenance of public order.5.if the contravention in its effect is confined only to a few individuals directly involved as distinguished from wide ..... has also been stated on behalf of the government of india that it was satisfied with respect to each individual person ordered to be detained on march 4, 1965 that detention was necessary for reasons already set out and it was after such satisfaction that the orders were passed though they happened to be -.passed ..... government of india in this connection is that the question as to the detention, of the persons who were ordered to be detained on march 4, 1965 was under consideration of the government of ..... from jail under the orders of cancellation and then to arrest the persons released immediately they came out of jail and to serve on them the new order of detention dated march 4, 1965 : (see ..... pass the order of march 4, 1965 .....
Tag this Judgment!Court : Chennai
..... ble supreme court in state of west bengal and others vs. ..... the respondent is a public sector nationalised bank performing public duties and they should function fairly whereas the way in which the officials acted fraudulently and unlawfully would definitely erode the image of the bank and demolish the confidence of the public in the banking system, which is not good for banking institution and ..... made by the second respondent bank in the complaint dated 12.10.2011 would clearly prove the case of the petitioner that the bank officials acted in violation of norms and without proper authorisation letter and without verification about the genuineness of the fixed deposits, acted negligently with malafide intention to defraud the amount payable to the petitioner and to pay the third party illegally. ..... difference is striking and could be understood even by a layman where as inspite of the difference the bank officials either negligently or fraudulently acted upon the said receipts and paid the amount to lawrence and it would speak volumes about complicity of the bank officials.14. ..... as to whether indemnify agreement contained all the details including the names of the indemnifiers, 3) issuance of pay orders hurriedly without following the norms, would show that the bank officials only acted fraudulently with malafide motive with the connivance of third parties and paid the amounts to strangers illegally. ..... corporation limited shilon ( in liquidation) reported in air 1965 sc 1711 (v52 (292). .....
Tag this Judgment!Court : Chennai
..... ble supreme court in state of west bengal and others vs. ..... the respondent is a public sector nationalised bank performing public duties and they should function fairly whereas the way in which the officials acted fraudulently and unlawfully would definitely erode the image of the bank and demolish the confidence of the public in the banking system, which is not good for banking institution and ..... made by the second respondent bank in the complaint dated 12.10.2011 would clearly prove the case of the petitioner that the bank officials acted in violation of norms and without proper authorisation letter and without verification about the genuineness of the fixed deposits, acted negligently with malafide intention to defraud the amount payable to the petitioner and to pay the third party illegally. ..... difference is striking and could be understood even by a layman where as inspite of the difference the bank officials either negligently or fraudulently acted upon the said receipts and paid the amount to lawrence and it would speak volumes about complicity of the bank officials.14. ..... as to whether indemnify agreement contained all the details including the names of the indemnifiers, 3) issuance of pay orders hurriedly without following the norms, would show that the bank officials only acted fraudulently with malafide motive with the connivance of third parties and paid the amounts to strangers illegally. ..... corporation limited shilon ( in liquidation) reported in air 1965 sc 1711 (v52 (292). .....
Tag this Judgment!Court : Chennai
..... (as seen from the trial balance of the trust as on 31.03.1988) and therefore, it cannot be said that p.w.1 to p.w.3 (in t.o.s.no.32 of 2000)/defendants 1 to 3 (in c.s.no.980 of 1999) and the 4th defendant (swamigal) have acted to the detriment of the trust and contrary to the tenor and spirit of the ex.p.1-will dated 03.11.1986 of ramalakshmi ammal.121.the defendants 5 to 9 in c.s.no.980 of 1999 have purchased the ex.p.1-will property, by means of sale deed-ex.p.15 ..... and even for that matter p.w.3 have not been showered with any benefit under the ex.p.1-will dated 03.11.1986 of ramalakshmi ammal.110.the word 'attested' is defined in section 3 of the transfer of property act and the same runs as follows:"attested in relation to an instrument, means and shall be deemed always to have meant attested by two or more witnesses each of whom has seen the executant to sign ..... the plaintiff-legatee with the will annexed.in the absence of both the attestors of the will, they having died, the evidence of p.w.2 satisfied the ingredients of section 69 of the evidence act.the above evidence coupled with the registration of the document and the other circumstances surrounding the execution of the will would lead to the conclusion, that the testator had executed the will ..... velasari shankaranarayana kadambolithaya and others [air 1965 sc 241], wherein it is held that 'the law of limitation is a procedural law and the provisions ..... administrator-general of bengal reported in [ilr (1906) 33 calcutta .....
Tag this Judgment!Court : Chennai
..... that when the 4th respondent was aware of all the transactions which had taken place, within the territorial jurisdiction of the courts in chennai, preferring a complaint at mumbai, under section 138 of the negotiable instruments act, outside the territorial jurisdiction of chennai courts, is nothing but quorum juries, to harass the petitioner and to bring pressure on him to settle the amount, contrary to the terms and conditions of the contract entered ..... would not be out of place to mention here that ft is not only the place of the drawee bank (on which the cheques were drawn), which matters in a proceeding under section 138 of the negotiable instrument act, rather the underlying concept to constitute the said offence does incorporate yet another aspect subsequent to dishonour of the cheque and this was that the drawer of the cheque is served with a statutory notice to make ..... uptake kaman bass and others, reported in 1994 (4) scc 711, r.n.amaranath, learned counsel for the petitioner submitted that for instituting a complaint under section 138 of the negotiable instruments act, the entire cause of action has to be taken and mere receipt of an intimation from the bank situated outside the territorial jurisdiction of chennai courts, does not confer any right to the payee to prefer a complaint in a ..... within the jurisdiction of calcutta, west bengal) and had also a branch office at haddous road, ..... , reported in 1993 (1) crimes 46 = 1992 crl.l.j 1965, on the basis of lachhman dass vs. .....
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..... that without stating from what date the period of limitation starts and within what period the suo motu power is to be exercised, in sub-section (4) of section 50-b of the act, the words at any time are used so that the suo motu power could be exercised within reasonable period from the date of discovery of fraud depending on facts and circumstances of ..... notification nio.sro a-1226 of 1961 vide part v of the fort st george gazette dated 13.12.1961 to the tamil nadu estates (abolition and conversion into ryotwari) act, 1948, amended in g.o.ms.no.714 commercial taxes and religious endowments department dated 29.6.1987 published in tamil nadu government gazette no.26 part iii section 1(a) dated 22.07.1987 vide notification nos. ..... of mandamus to direct the respondents to invoke their suo-motu powers to conduct a fresh denova final settlement enquiry as per the madras estate (abolition & conversion into ryotwari) act 1948 (madras act xxvi of 1948) in respect of survey number 489 to 514 in settlement tahsildar proceeding in s.r.no.14/ 76/sec.11(a) /xxvi/sdt.48, s.r.no.16/ 76/sec.11(a) /xxvi/sdt.48 and s.r.no.15/ 76/sec.11(a) /xxvi/sdt.48. ..... district collector, the committee made an enquiry and submitted a report to the district collector, ambattur reporting that the sale deeds executed by the amaravathy cranes in the year 1965 being the vendors are not at all admissible in the proceedings under section 11(a) of the tamil nadu estate abolition and conversion into ryotwari act, 1948. .....
Tag this Judgment!Court : Chennai
..... , one cannot but ascribe it to be in the course of employment the two teachers were assigned to escort the students : the reason obviously being the children should otherwise be safe and secure and it is the act of utter negligence of the two teachers which has resulted in this unfortunate tragedy and thus it is no gain-said that the teachers were on their own frolic and the school had done all that was ..... state of west bengal [(1997) 1 scc416 ..... the engineers of public works department/chartered engineers (from the engineers in the panel of qualified and registered engineers maintained by the district collectors) in accordance with the tamil nadu public buildings (licensing act, 1965 (tamil nadu act, 13 of 1965) has to be obtained. ..... it has been held that: (scr p.1007) viewing the case from the point of view of first principles, there should be no difficulty in holding that the state should be as much liable for tort in respect of a tortious act committed by its servant within the scope of his employment and functioning as such as any other employer. ..... activities of the 5th respondent-school, recognised as a private school, under the tamil nadu recognised private schools (regulation) act, rules framed thereunder, and the code, have to be in conformity with the statutory provisions and that the educational authorities have a pervasive control over such schools, recognised by the competent authorities, under the act and the rules, framed thereunder, although it is a private entity.36. .....
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