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The Honourable

This tag is associated with 85 posts

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

Insurance against floods – house and household articles – surveyor assessed the loss to be Rs.30,050/- – compensation was fixed= Sri Anil Chandra Dey Versus 1. The New India Assurance Co. Ltd. 2. The Divisional Manager, The New India Assurance Co. Ltd .- http://164.100.72.12/ncdrcrep/judgement/00131023102711345RP20192008.htm

Insurance against floods – house and household articles – surveyor assessed the loss to be Rs.30,050/- – compensation was fixed even though there are no records for repairs except on oral evidence of contractor and photographs = the complainant/petitioner Amit Chandra Dey got his residential house insured with the OP, New India Assurance Co. Ltd. vide policy no. 530600/48/01/0045 for the period … Continue reading

In this case, as vehicle has been sold by complainant during pendency of appeal which was filed in the year 2007 and decided in the year 2012, complainant ceases to be a consumer under C.P. Act and complaint is liable to be dismissed.

published in  http://164.100.72.12/ncdrcrep/judgement/00131015115541960RP262212.htm NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION                                                 NEW DELHI          REVISION PETITION NO. 2622 OF 2012 (From the order dated 16.04.2012 in Appeal No. 302/2007 of the Punjab State Consumer Disputes Redressal Commission, Chandigarh)                                                             M/s. Honda Cars India Ltd. Plot No. A-1, Sector 40/41, Suraj Pur – Kasna Road, Greater Noida Indl. Dev. Area Gautam Budh Nagar, U.P. – 201 306                                          …Petitioner/Opp. Party … 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

Production of Documents for inspection can be filed under sec. 27 of Arbitration and conciliation Act = scope of Section 27, and the circumstances in which the Arbitral Tribunal or a party before the Arbitral Tribunal can apply to the court for assistance in taking evidence.= a notice to the advocate on record of the appellant on 17.3.2007, calling upon them to give inspection and to produce the following documents before the learned Arbitrator:- (a) All sales tax returns filed by the appellant with the sales tax authorities for the assessment years 1995-1996 to 2001-2002. (b) All sales tax assessment orders passed with regard to the appellant for the above-mentioned period, and all appellate orders, if any passed in any appellate proceedings arising out of the same. (c) The objection, if any, filed by the appellants against the Notice in Form 40, and proposed order at pages 123 & 124 of Volume VI of the documents filed in the arbitration, the order, if any, passed thereon, and the appellate proceedings, if any, therein. (d) The letter dated 26th May 2000 mentioned in the letter at page 32 of Volume III of the documents filed in the arbitration.- The advocate of the appellant vide his reply dated 21.3.2008, protested and objected to the production of these documents, since according to the appellant the same were being sought at a late stage when the proceeding had reached the stage of cross-examination of the witnesses of the respondent No.1. – Inasmuch as the appellant declined to give inspection / and produce the document as sought for, the respondent No. 1 made an application on 26.3.2007 before the learned Arbitrator, and in paragraph No. 5 thereof, sought a direction to produce the documents mentioned at Sl. Nos.(a) to (c) in the notice dated 17.3.2007. The learned Arbitrator by her order dated 27.3.2007 allowed the application only to the extent of the assessment orders relating to the period 1995-1996 to 2001-2002 and the appellate orders mentioned in paragraph 5(b). The prayer for producing the sales tax returns mentioned in paragraph 5(a) was not entertained. Similarly, the prayer to produce the documents as sought in paragraph 5(c) was not entertained. = It is a settled principle of law that the words used in a statute are to be read as they are used, to the extent possible, to ascertain the meaning thereof. Both these provisions contained a bar only against the Government officers from producing the documents mentioned therein. There is no bar therein against a party to produce any such document. In Tulsiram Sanganaria and Another v. Srimati Anni Rai and Ors. reported in 1971 (1) SCC 284, a bench of three Judges of this Court interpreted an identical provision in Section 54(1) of the Income Tax Act, 1922, and held that the said provision created a bar on the production of the documents mentioned therein by the officials and other servants of the Income Tax Department, and made it obligatory on them to treat as confidential the records and documents mentioned therein, but the assessee or his representative-in-interest could produce assessment orders as evidence, and such evidence was admissible. Thus, if a claim is to be decided on the basis of an order of assessment, the claimant as well cannot be denied the right to seek a direction to the party concerned to produce the assessment order. It is this very prayer which has been allowed by the earlier order dated 27.3.2007 passed by the then Arbitrator, and also by the subsequent order dated 16.9.2011 passed by the Arbitral Tribunal, and in our view rightly so. There is no substance in the second objection as well. 25. There is one more aspect which we must note, i.e., when the first respondent made an application for production of the assessment orders, the defence taken by the appellant in their affidavit dated 16.9.2011 was that those documents were confidential documents, and could not be directed to be produced. It was not stated at that time that the said documents were not available. It is ten months thereafter, that when the second affidavit was filed in the High Court, that the respondent for the first time contended that the said documents were not available. This was clearly an after thought, and this attitude of the Respondent in a way justified the earlier order permitting an application under Section 27 passed by the Arbitral Tribunal. The Assistant Commissioner of Sales Tax of the concerned area was also joined as respondent so that he could be directed to produce the required documents. However, he reported that those documents were old records, and were destroyed. The learned Single Judge did not pass any order against the respondent No.2 to produce the documents, as sought. However, the learned Single Judge rightly allowed the petition as against the appellant in terms of prayer clause ‘A’, directing the appellant to produce the documents which were sought by the respondent no. 1. 26. In the circumstances, there is no merit in the appeal. The appeal is, therefore, dismissed.

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40827         REPORTABLE   IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8426 OF 2013 (@ out of SPECIAL LEAVE PETITION (CIVIL) NO. 28418/2012 ) Delta Distilleries Limited … Petitioner   Versus   United Spirits Limited & Anr. … Respondents   J U D G E M … 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

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