advocatemmmohan
Hon
Jurisdiction of courts under Reg.Trademarks Act & Copy Rights Act = Original jurisdiction Sec. 20 of C.P.C., Or. 2 , rule 3 of C.P.C – where the cause of action arose , there the case has to be filed under Registration of Trademarks Act : Special Jurisdiction under sec.62(2) of Copy Rights Act – Confirming on the courts where the plaintiff resides = Clubbing of both causes of actions in one suit – is a composite suit – When it is a composite suit, the court where the defendants goods are not available , nor do the defendants carry on business and reside within the jurisdiction of this Hon’ble Court, that court holds no jurisdiction under Registration of Trademarks Act simply because the plaintiff is residing : but the same court holds jurisdiction under sec.62(2) of Copy right Act for copyright violation suit = M/s. Paragon Rubber Industries …Appellant VERSUS M/s. Pragathi Rubber Mills & Ors. …Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41036
Jurisdiction of courts under Reg.Trademarks Act & Copy Rights Act = Original jurisdiction Sec. 20 of C.P.C., Or. 2 , rule 3 of C.P.C – where the cause of action arose , there the case has to be filed under Registration of Trademarks Act : Special Jurisdiction under sec.62(2) of Copy Rights Act – Confirming on the … Continue reading
Theft of a car – Immediate issuing of notice of theft is must = No notice was given immediately after the theft was occurred so the complainant is not entitled to any insurance claim = New India Assurance Co. Ltd.-vs- Ram Avtar= Published in http://164.100.72.12/ncdrcrep/judgement/00131111121816967FA14109.html
Theft of a car – Immediate issuing of notice of theft is must = No notice was given immediately after the theft was occurred so the complainant is not entitled to any insurance claim = It appeared that the Respondent/Complainant took almost one month to give intimation about the alleged theft with a view to hide various facts and avoid detection of the … Continue reading
The original rectification application is for the removal of the Trade Mark “Hans Smart” registered under No.763522 in Class 6 under the provisions of the Trade Marks Act, 1999. Ans :- Allowed = M/s. K.L. Steels Pvt. Ltd., Having its office at Z-18, Naraina New Delhi-110028. …Applicant (Represented by Shri Sri Sachin Gupta ) Vs. 1. M/s.Hans Metal Pvt. Ltd., 123/528-A, Factory Area, Fasal Ganj, Kanpur. 2. Registrar of Trade Marks, Trade Mark Registry, New Delhi. … Respondents published in http://www.ipab.tn.nic.in/207-2013.htm
The original rectification application is for the removal of the Trade Mark “Hans Smart” registered under No.763522 in Class 6 under the provisions of the Trade Marks Act, 1999. The applicants adopted and used the Trade Mark “Smart” since 01.04.1987. On account of extensive marketing and continuous use, the trade mark ‘Smart’ has acquired formidable … Continue reading
Application for rectification of the trade mark “KELUR” registered under No.1123243 in Class 5 under the provisions of the Trade Marks Act, 1999. Ans:- Allowed = M/s. Sun Pharmaceuticals Industries Limited, Having office at ACME PLAZA, Andheri – Kurla Road, Chakala, Andheri (East) MUMBAI- 400 059 …Applicant (Represented by Shri Sachin Gupta ) Vs. 1. M/s. Optica Pharmaceuticals, 394-A/6, Sawanpuri Extension, Jagadhari – 135 001 Yamuna Nagar. 2. Registrar of Trade Marks, Baudhik Sampada Bhavan, Near Anntop Hill Head Post Office, S.M.Road, Mumbai-400 037 … Respondents (Represented by None) published in http://www.ipab.tn.nic.in/208-2013.htm
Application for rectification of the trade mark “KELUR” registered under No.1123243 in Class 5 under the provisions of the Trade Marks Act, 1999. 2 The application for rectification was filed on various grounds. The applicant’s main averment was that they had been using the trade mark “KELUR” prior to that of the respondents, who … Continue reading
Whether the registration is in contravention of the provisions of Sections 9 (1) (a) & 11 (1) (a) & (b) of the Act…..Ans:-No = M/s. Anuj Textiles Pvt. Limited, 8/5, Rup Chand Ray Street, Kolkatta – 700 001. …Applicant in all applications (Represented by Shri Debnath Ghosh & Gorgi Sen ) Vs. M/s. Anushree Textiles Pvt. Ltd., 14, Amratolla Street, Kolkata – 700 001. … Respondents in all applications (Represented by Shri Mittal Das Gupta) published in http://www.ipab.tn.nic.in/209-2013.htm
As per Section 21 of the Act any person may oppose an application for registration. As per Sections 47 and 57 of the Act, only a person aggrieved shall file an application for rectification. Whether the registration is in contravention of the provisions of Sections 9 (1) (a) & 11 (1) (a) & (b) … Continue reading
sec. 67 NDPS ACT and sec.25 of Evidence Act – whether the Officer are Police Officer and whether the officers can record a confessional statement from the Accused by force= TOFAN SINGH Vs. STATE OF TAMIL NADU published in judis.nic.in/supremecourt/filename=40880
sec. 67 NDPS ACT and sec.25 of Evidence Act – whether the Officer are Police Officer and whether the officers can record a confessional statement from the Accused by force – due to conflict judgments- referred to larger bench. = In our view the aforesaid discussion necessitates a re-look into the ratio … Continue reading
Consumer Act – purchase of building for commercial use does not come under consumer Act -“Whether, M/s. Nav Bharat Press (Raipur), is a ‘consumer’, in accordance with Section 2(1)(d)(i)?”.= how can a Partnership Firm, which is transacting the business of printing and publication of Newspapers, can be said to be a ‘Consumer’?” It is clear that the employees, representatives, correspondents, etc., would transact the commercial activity. – A bare perusal of this case, clearly goes to show that the Guest House is meant for ‘commercial purpose’. By no stretch of imagination, it can be said that the said premises will be used by a person, exclusively for the purpose of earning his livelihood, by means of self-employment. – The complainant is not a ‘consumer’. Therefore, we dismiss the complaint, but it can approach the appropriate forum for redressal of its grievances, as per lawWe, therefore, impose punitive costs in the sum of Rs.10,000/-, which be paid in Prime Minister’s Relief Fund, towards Uttarakhand Tragedy, within 60 days, otherwise, it would carry interest at the rate of 9% per annum, till realization. .
published in http://164.100.72.12/ncdrcrep/judgement/00130807110012955CC19313.h NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI CONSUMER COMPLAINT NO. 193 OF 2013 M/s Nav Bharat Press (Raipur) 20/21, Bharat Chambers, Pragati Layout Rajeev Nagar, Wardha Road Somalwada, Nagpur Through its Partner, Sh.Sameer ….. Complainant Versus 1. M/s Sahara Prime City Ltd. Zonal Office, 2nd Floor Godrej Millennium Building 9th Koregaon Park Road Near Taj … Continue reading
Repeated acquisition of land of the same family = whether by resorting to repeated acquisition of the properties belonging to the same person, the State is not acting contrary to the dictates of Article 14 of the Constitution. This question was answered in the affirmative.= The real question is not whether the petitioners will be left with 4 or 5 acres of land or a bit more or, that whether they are running some business or not. where there was no other possibility of providing house sites to the persons displaced in a project and the acquisition is found so inevitable, such cases may fall under exceptions, warranting acquisition of the properties belonging to the same family more than once. = The State and its Officials should display a reasonable and rational attitude in dealing with the properties of the private citizens As held by the Division Bench in K.Ramulu (cited supra), in the quest for providing house sites to one section of poor people, others cannot be ruined. The petitioners have succeeded in proving that acquisition of their lands is not inevitable in the face of availability of the land admeasuring Ac.5-20 cents comprised in Survey No.449 belonging to Mente Narayana Swamy. Such being the admitted position, I do not find any justification, whatsoever, in the action of the respondents in insisting on acquisition of the petitioners’ land.
reported in/published inhttp://164.100.12.10/hcorders/orders/2010/wp/wp_1449_2010.html * The Hon’ble Sri Justice C.V.Nagarjuna Reddy + Writ Petition No.1449 of 2010 % Date: 21-12-2011 Between: # Thumurouthu Mallikarjuna Rao and another ….. Petitioners AND $ 1.The State of Andhra Pradesh, Rep. by its Secretary, Revenue (L.A.) Secretariat, Hyderabad and 4 others. …..Respondents ^ Counsel for the Petitioners: Mr.S.Subba Reddy ! Counsel for … Continue reading
Since the Special Land Acquisition Officer did not take steps in furtherance of the directions contained in the aforesaid order, respondent No.1 issued purchase notice dated 25.7.2007 under Section 127 of the 1966 Act, which was duly served upon the Corporation. After one year, respondent No.1 submitted plan dated 28.7.2008 for construction of a library building on the land owned by it. The same was rejected by the Competent – Authority vide order dated 29.9.2008 on the ground that the land was reserved for the college and the acquisition proceedings had already been initiated.= if any private land is shown as reserved in the Development plan, the same can be acquired within 10 years either by agreement or by following the procedure prescribed under the 1894 Act and if proceedings for the acquisition of the land are not commenced within that period and a further period of six months from the date of service of notice under Section 127 of the 1966 Act, reservation will be deemed to have lapsed and the land will be available for development by the owner. By applying the ratio of the above-noted judgments to the facts of this case, we hold that the High Court did not commit any error by declaring that reservation of the land owned by respondent No.1 had lapsed and the rejection of its application for construction of library building was legally unsustainable. Consequently, the appeal is dismissed.
Page 1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2906 OF 2013 (Arising out of SLP(C) No. 19003 of 2009) State of Maharashtra …Appellant versus Bhakti Vedanta Book Trust and others …Respondents J U D G M E N T G. S. Singhvi, J. 1. Leave granted. 2. Respondent No.1 is … Continue reading
Whether the Catholic Society or tenant -members who should be given the redevelopmental rights,= The instant controversy relates to a dispute between the Catholic Society on the one hand; and the tenant-members on the other hand. The first dispute between the rival parties arose when the Catholic Society resolved to re-develop the land measuring 5.5 acres known as Willingdon East. The decision to re-develop the land in question was taken on account of the fact, that the 25 cottages constructed thereon, were scattered all over the land. = Based on the factual position noticed by three of the petitioners/appellants in I.A. nos. 17-19 of 2012, the finding recorded by the High Court in respect of the offer of Rs.75 crores can be stated to have been made at the behest of a rival builder Mr. B.Y. Chavan. Mr. B.Y. Chavan has even paid for the litigation expenses of the tenant-members. The tenant-members readily accepted the offer made by Mr. B.Y. Chavan, when he proposed before the High Court that he would act in the same manner as M/s. Sumer Associates. It is therefore natural to infer, that the tenant-members are agreeable to the redevelopment of 5.5 acres land comprising of Willingdon East in the manner contemplated by the resolution of the Catholic Society dated 6.12.2009 (and the consequential conveyance deed dated 7.12.2009), which is impugned in the suits filed by the tenant-members. This also prima facie shows that the action of the tenant-members prima facie seems to lack bona fides. We therefore affirm the determination rendered by the High Court in the impugned order, that it was for the Catholic Society to decide who should be given the redevelopmental rights, and not the tenant-members who are a small minority of 15 persons (the number having now diminished to 5) who have initiated the litigation out of which the present proceedings have arisen. As of now, therefore, it is possible to prima facie infer, that the petitioners’/appellants’ claim before the High Court does not seem to be bona fide. They also do not prima facie seem to have genuinely initiated the instant litigation. In the above view of the matter, the opinion recorded by the High Court, that all arguments of the plaintiff based on law and equity vanished, upon the offer made by Mr. B.Y. Chavan, cannot be stated to be unjustified. 37. For all the reasons recorded hereinabove, we find no merit in the instant Civil Appeals. The same are accordingly hereby dismissed.
Page 1 “REPORTABLE” IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2683-2685 OF 2013 (Arising out of SLP (C) Nos. 30847-30849 OF 2012) Margaret Almeida & Ors. etc. … Appellants Versus Bombay Catholic Co-Operative Housing Society Ltd. & Ors. … Respondents WITH CIVIL APPEAL NOS. 2688-2688 OF 2013 (Arising out of SLP … Continue reading
advocatemmmohan 