Jains - Law Dictionary Search Results
Home Dictionary Name: jains Page: 4Trade mark and property mark
Trade mark and property mark, the concept of trade mark is distinct from that of a property mark. A mark, as defined by s. 2(1)(j) of the Trade and Merchandise Marks Act, 1958, includes a device, brand, heading, label, ticket, name, signature, world, letter or numerical or any combination thereof. A trade mark means a mark used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right as proprietor to use that mark. The function of a trade mark is to give an indication to the purchaser or a possible purchaser as to the manufacture or quality of the goods, to give an indication to his eye of the trade source from which the goods come, or the trade hands through which they pass on their way to the market. On the other hand, a property mark, as defined by s. 479 of the Penal Code means a mark used for denoting that a movable property belongs to a particular person. Thus, the distinction be...
Trade marks
Trade marks. by the Trade Marks Act, 1905 (English) (5 Edw. 7, c. 15), s. 3:-A 'mark' shall include a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof.A 'trade mark' shall mean a mark used or proposed to be used upon or in connexion with goods for the purpose of indicating that they are the goods of the proprietor of such trademark by virtue of manufacture, selection, certification, dealing with, or offering for sale.A 'registrable trademark' shall mean a trade mark which is capable of registration under the pro-visions of this Act.Subject to the Trade Mark Acts, the owner of a trademark has a right to its use in connection with the goods associated with it, whether or not it is registered or registrable by him, and if that right is infringed by a sale of other goods under his mark, or a colourable imitation or otherwise so as to be calculated to deceive a purchaser that those goods are goods of his manufacture, sale or mark, the ...
Tradework
Tradework, denotes the manufacture of quality of the goods to which it is attached, Sumat Prasad Jain v. Sheo Janam Prasad, (1973) 1 SCC 56: AIR 1972 SC 2488....
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
Trust
Trust, is a comprehensive expression, as covering not only the relationship of trustee and beneficiary but also that a bailor and bailee master and servant pledger and pledgee, guardian and ward and all other relations which postulate the existence of fiduciary relationship between the complainant and the accused, State v. K.P. Jain, (1983) 2 Crimes 947 (All).Trust, is a trust for public purposes, the substances and primary intention of the creator must be seen, Shabbir Husain v. Ashiq Husain, AIR 1929 Oudh 225.Trust, is an obligation annexed to ownership. A trustee holds property 'subject' to an obligation, which the testator has imposed upon him, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218: (1957) 59 Bom LR 478.Means any arrangement whereby property is transferred with intention that it be administered for another's benefit is a trust. It casts an obligation on the trustee to use the property for achieving the purpose for which the trust is created, Baba Jamuna Das Mah...
Unauthorised occupation
Unauthorised occupation, in relation to any public premises, means the occupation by any person of the public premises without authority for such occupation, and includes the continuance in occupation by any person of the public premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever. [Public Premises (Eviction of Unauthorised Occu-pants) Act, 1971 (40 of 1971), s. 2 (g)]The expression 'unauthorised occupation' is explain-ed in s. 437A of the Bombay Provincial Municipal Corporation Act, 1949 in relation to any person authorised to occupy any municipal premises to include the continuance in occupation by him or by any person claiming through or under him of the premises after the authority under which he was allowed to occupy the premises has been duly determined, Ahmedabad Municipal Corporation v. Ramanlal Govindram, AIR 1975 SC 1187: (1975) 1 SCC ...
Using of unfair means
Using of unfair means, using of a palm of the hand or the desk for rough work is not using of unfair means, Sunil Kr. Jain v. Board of High School, Uttar Pradesh, Allahabad, AIR 1973 All 27. [Uttar Pradesh Intermediate Education Act (20 of 1921), s. 15]...
Official duty
Official duty, implies that the act or omission must have been done by the public servant in the course of his service and that it should have been in discharge of his duty, B. Saha v. M.S. Kochar, (1979) 4 SCC 177: 1979 SCC (Cri) 939.The use of the expression 'official duty' implies that the act or omission must have been done by the public servant in the course of his service and that it should have been in discharge of his duty. The section does not extend its protective cover to every act or omission done by a public servant in service but restricts its scope of operation to only those acts or omissions which are done by a public servant in discharge of official duty, S.K. Zutshi v. Bimal Debnath, (2004) 8 SCC 31(38); see also State of Orissa v. Ganesh Chandra Jain, (2004) 8 SCC 40. (Cr. P.C., 1973, s. 197)It implies that the act or omission must have been done by the public servant in the course of his service and that it should fall within scope of range of his official duty, Rak...
Issue estoppel, res judicata
Issue estoppel, res judicata, there is a distinction between 'issue estoppel' and 'res judicata'. Res judicata debars a court from exercising its jurisdiction to determine thelis if it has attained the finality between the parties whereas the doctrine issue estoppel is invoked against the party, if such an issue is decided against him, he would be estopped from raising the same in the latter proceeding the doctrine of res judicata creates a different kind of estoppel viz., estoppel by accord, Bhanu Kumar Jain v. Archana Kumar, (2005) 1 SCC 787 (798) (Civil PC 1908, s. 11]...
Modification
Modification, includes additions, omissions and amendments and related expressions shall be construed accordingly. An 'addition' or 'omission', not amounting to or requiring an amendment will be a modification, Aon Trust Corpn. v. KPMG, (2005) 1 WLR (Ch). [See (English) Pension Schemes Act, 1993, s. 181; (English) Pension Act, 1995, ss. 56(2)(a), 60, 67, 75]Modification, the term usually applied to the decree of the Teind Court, awarding a suitable stipend to the minister of a parish, Bell's Scots LawDict.The court must give the widest effect to the meaning of the word 'modification' used in Article 370(1) and in that sense it includes an amendment. There is no reason to limit the word 'modifications' as used in Article 370(1) only to such modifications as do not make any 'radical transformation', Puranlal Lakhanpal v. President of India, AIR 1961 SC 1519 (1520): (1962) 1 SCR 688. [Constitution of India, Art. 370 (1) (d)]Modify' and 'modification' have been defined in s. 2(29) of the C...
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