Passes - Law Dictionary Search Results
Home Dictionary Name: passesPassing off
Passing off, in action for passing off pray of actual deception is not necessary two marks bear an ovrall similarity as would be likely to mislead a person usually dealing with one to accept the other if offered to him, it is enough, National Match Works v. S.T. Karuppanna Nadar, AIR 1979 Mad 157.An infringement action is available where there is violation of specific property right acquired under and recognised by the statute. In a passing-off action, however, the plaintiff's right is independent of such a statutory right to a trade mark and is against the conduct of the defendant which leads to or is intended or calculated to lead to deception. Passing-off is said to be a species of unfair trade competition or of actionable unfair trading by which one person, through deception, attempts to obtain an economic benefit of the reputation which another has established for himself in a particular trade or business. The action is regarded as an action for deceit. The tort of passing-off inv...
Pass such order as it thinks fit
Pass such order as it thinks fit, is not restricted to the passing of orders which are final in character. It is for the purposes of doing complete justice between the parties, the authority who hears the revision petition is satisfied that it is necessary to call for additional evidence, he may call for such evidence, Arbind Kumar Singh v. Nand Kishore Prasad, AIR 1968 SC 1227.The expression 'pass such order as it thinks fit' ins. 64A, as amended by the Bihar Act, is not restricted to the passing of orders which are final in character, Arbind Kumar Singh v. Nand Kishore Prasad, AIR 1968 SC 1227 (1231): (1968) 3 SCR 322. [Motor Vehicles Act, 1939, s. 64A]...
Passed by such legislature
Passed by such legislature, means passed with or without amendments in accordance with the normal procedure contemplated by Art. 107 of the Constitution of India, K.C. Gajapathi Narayan Deo v. State of Orissa, AIR 1953 SC 375.The expression 'passed by such Legislature' must mean 'passed with or without amendments' in accordance with the normal procedure contemplated by Article 107 of the Constitution, K.C. Gajapathi Narayan Deo v. State of Orissa, AIR 1953 SC 375 (384): 1954 SCR 1....
pass off
pass off 1 : to make public or offer for sale (goods or services) with intent to deceive : palm off [passing his product off as that of the plaintiff's "W. L. Prosser and W. P. Keeton"] see also unfair competition 2 : to give a false identity or character to [they created the documents on the day of the trial and passed them off as being made earlier] ...
Pass
To go to move to proceed to be moved or transferred from one point to another to make a transit usually with a following adverb or adverbal phrase defining the kind or manner of motion as to pass on by out in etc to pass swiftly directly smoothly etc to pass to the rear under the yoke over the bridge across the field beyond the border etc...
By-pass
By-pass, in relation to cattle-grid provides for a highway, means a way, over land not comprised within the limits of the highway, for the traffic for which the by-pass is provided, with a public right of way over it (1) for that traffic and for any other traffic entitled to use the highway before the by-pass was provided, Halsbury's Laws of England, Vol. 21, 4th Edn., Para 377, p. 277....
Which ought to have been passed
Which ought to have been passed, the expression 'which ought to have been passed' means 'which ought in law to have been passed', Gini Ram v. Ramji Lal, AIR 1969 SC 1144 (1147). [Civil Procedure Code (1908), O. 41, R. 33]...
obiter dictum
obiter dictum pl: obiter dic·ta [-tə] [Late Latin, literally, something said in passing] : an incidental and collateral remark that is uttered or written by a judge but is not binding : dictum ...
Decision or order passed by an Officer of Customs under this Act
Decision or order passed by an Officer of Customs under this Act, The words 'decision or order passed by an Officer of Customs under this Act' used in S. 188 of the Sea Customs Act must mean a real and not a purported determination. A deter-mination, which takes into consideration factors which the officer has no right to take into account is no determination. This is also the view taken by courts in England. In such cases the provision excluding jurisdiction of Civil Courts cannot operate so as to exclude an inquiry by them, Union of India v. Tarachand Gupta and Bros., (1971) 1 SCC 486: AIR 1971 SC 1558: (1971) 3 SCR 557....
May make such enquiry and pass such order thereon
May make such enquiry and pass such order thereon, The expression 'may make such enquiry and pass such order thereon' does not confer any absolute discretion on the Commissioner. In exercise of the power the Commissioner must bring to bear an unbiased mind, consider impartially the objections raised by the aggrieved party, and decide the dispute according to procedure consistent with the principles of natural justice: he cannot permit his judgment to be influenced by matters not disclosed to the assessee, nor by dictation of another authority, Sirpur Paper Mills Ltd. v. Commissioner of Wealth Tax, AIR 1970 SC 1520: (1970) 1 SCC 795: (1971) 1 SCR 304...
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