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Kanpur

This tag is associated with 5 posts

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

Death certificate -Where funeral was conducted – that local authority can also issue a death certificate = refusing to register the death of his wife, Mrs.Pankajam in Chennai, as per the provisions of the Registration of Births and Deaths Act, 1969 (hereinafter referred to as the Act) and consequently, sought for a direction to the respondents to issue the death certificate of late Mrs.Pankajam.= Rule 7 of the said Rules deals with notification and form of Certificate under section 10 and it reads as follows: ” (1) The certificate as to the cause of death required under sub-section (3) of section 10 shall be issued in Form No.5 or 5-A and the Registrar shall, after making necessary entries in the Register of Births and deaths, forward all such certificates to the Chief Registrar or the Officer specified by him in this behalf by the 10th of the month immediately following the month to which the certificate relates. (2) Any person who performs the funeral ceremonies of a person dying in a local area within the jurisdiction of a municipality, panchayat or other local authority or any other area, shall whenever required furnish to the Registrar such information as he possesses regarding the particulars required for registration”= The words “and shall also” take steps to inform himself employed in Section 7(2) of the Act, has to be read disjunctively and not conjunctively. Whenever, an intimation is given by the persons authorised under Sections 8 and 9 or Rule 6 of the Rules made thereunder, the Registrar has to enter the particulars in the register maintained for the purpose and if any information is received by the Registrar, either through the abovesaid persons or others, he may either orally or in writing, require any person to furnish any particulars, within his knowledge in connection with the Birth or Death in the locality, within which, such person resides and after ascertaining the correctness of the particulars furnished, register the same under the Act.- In view of the above, the contention that the respondents have no statutory duty to register the death of the petitioner’s wife, within the State of Tamil Nadu, as the death had occurred in a moving train between New Delhi and Kanpur, is untenable. 39. In the light of the above discussion and following the judgments stated supra and of the factual admission on the part of the respondents in the counter affidavit the dead body of the petitioner’s wife had been brought to Chennai and cremated within the jurisdiction of the first respondent, the impugned communications are set aside and there shall be a direction to the respondents to register the death of the petitioner’s wife to issue the death certificate of late Mrs.Pankajam, wife of the petitioner, after obtaining a declaration from him for registration, to the effect that the particulars sought to be registered are true and correct and that the particulars have not been registered anywhere else in India and also that the same does not run in conflict with particulars registered by any other authority outside India. 40. In the result, the Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is also closed.

published in http://judis.nic.in/judis_chennai/qrydisp.aspx?filename=38256 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.12.2010 CORAM THE HON’BLE MR. JUSTICE S.MANIKUMAR W.P.No.18187 of 2010 M.P.Nos.1 and 2 of 2010 N.Vedantam … Petitioner vs 1. The Executive Officer, Town Panchayat, Perungalathur, Chennai 600 063. 2. The Director, Directorate of Public Health and Preventive Medicine, 359, Anna Salai, Chennai-6. … … Continue reading

Service matter = Reinstatement with compensation but not with back wages = After considering the evidence adduced before the Tribunal, it had come to the conclusion that the termination of the respondent was not legal and therefore, by an award dated 30th June, 2001, the order terminating service of the respondent dated 28th February, 1998, had been quashed and it was directed that the respondent should be reinstated in service as a driver with continuity of service and with arrears of salary for the period during which the respondent-workman was not permitted to perform his duties.= However, we feel that the respondent should not have been awarded full back wages. 10. Instead of awarding back wages, in view of the facts of the case, it would be just and proper to award, in all a sum of Rs.5 lacs by way of compensation to the respondent-workman. It had been submitted that the appellant-Corporation had already paid more than Rs.3,60,000/- to the respondent-workman and if it is so, the amount so paid shall be adjusted while paying the compensation of Rs.5 lacs. Thus, we direct that by way of compensation, in all Rs.5 lacs should be given to the respondent-workman in lieu of back wages. The said amount shall be paid to the workman within four weeks from today. 11. If the respondent-workman has not been reinstated till today, the appellant-Corporation shall reinstate him within four weeks from today. 12. In the above circumstances, the impugned judgment delivered by the High Court is modified to the above extent. The appeal is allowed to the extent stated hereinabove. No order as to costs.

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40667 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6968 OF 2013 (Arising out of SLP (C) No. 22730 of 2013)     U.P. State Road Transport Corporation …..Appellant   Versus C.P. Goswami …..Respondent     J U D G M E N T 1 ANIL R. DAVE, J. … Continue reading

the Swadeshi Act “27. Penalties Any person who.:- (a) having in his possession, custody or control any property forming part of any of the textile undertaking wrongfully withholds such property from the National Textile Corporation; or (b) wrongfully obtains possession of, or retains any property forming part of, any of the textile undertaking; or shall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees. shall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees.”- “……that a complaint under Section 27 of Act 30 of 1986 could only have been filed by the petitioner if the title of the property in dispute was clearly in their favour. Both the Courts below have correctly assessed the facts and circumstances of the case and have rightly come to the conclusion that in the absence of having any clear title in their favour the complaint under Section 27 was misconceived and, therefore, rightly dismissed.”

published in http://judis.nic.in/supremecourt/filename=40480 Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4818 OF 2013 (Arising out of SLP (Civil) No. 4706 of 2006) National Textile Corpn. (UP) Ltd. …. Appellant(s) Versus Dr. Raja Ram Jaipuria & Ors. …. Respondent(s) WITH CIVIL APPEAL NO. 4819 OF 2013 (Arising out of SLP … Continue reading

Defamation = Criminal Trial–Defamation of Public servant in respect of public function–Complaint before Sessions Judge by Public Prosecutor–If required to be signed by the Public servant also–Code of Criminal Procedure, 1898 (V of 1898), ss.198 and 198-B. =The Public Prosecutor, Kanpur, filed a complaint in the Court of Session, Kanpur, charging the appellants with having published a news item which was false and defamatory of the Chief Minister of Uttar Pradesh. The complaint complied with the requirements of s. 198-B, Code of Criminal Procedure. The appellants contended that the complaint should have complied with the requirements of s. 198 of the Code also and, as it was 64 not signed by the Chief Minister, the Sessions judge had no jurisdiction to entertain it. Held, that it was not necessary for the Chief Minister also to sign the complaint filed by the Public Prosecutor. The nonobstante clause ” notwithstanding anything contained in this Code ” in sub-s. (1) of s. 198-B excludes the operation of the other provisions of the Code relating to initiation and trial of the offence of defamation, including s. 198. Sub-section (13) of s. 198-B which provides that the provisions of s. 198-B shall be in addition to and not in derogation of s. 198 merely preserves the right of the person defamed to file a complaint under s. 198. The two sections provide alternative remedies. The provisions in s. 198-B relating to the award of compensation to the accused in case of false and frivolous or vexatious accusation do not affect this conclusion. Normally it is the public servant who moves the Government for taking proceedings and under subs. (5) he is required to be examined as a witness to support the prosecution, and it cannot be said that he has no concern with the lodging of a complaint under s. 198- B. C. B. L. Bhatnagar v. The State, A.I.R. 1958 Bom. 196 and R. Sankar v. The State, I.L.R. (1959) Kerala 195, disapproved.

PETITIONER: P.C. JOSHI AND ANOTHER Vs. RESPONDENT: THE STATE OF UTTAR PRADESH DATE OF JUDGMENT: 25/10/1960 BENCH: SHAH, J.C. BENCH: SHAH, J.C. DAS, S.K. CITATION: 1961 AIR 387 1961 SCR (2) 63 ACT: Criminal Trial–Defamation of Public servant in respect of public function–Complaint before Sessions Judge by Public Prosecutor–If required to be signed by the … Continue reading

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