Court : Mumbai
Decided on : Jul-23-1970
Reported in : (1971)73BOMLR586
..... not be so put before any customer when it was sought to the question would be whether a person who sees the proposed trade mark in the absence of the other trade mark of which he has an imperfect recollection was liable to be deceived.4. as far as indian cases are concerned, reference ..... in the use of 'lakshmandhara' in the state of uttar pradesh so as to bring the case within sub-section (2) of s. 10 of the trade marks act, 1940 (corresponding to section 12(2) of the present act), and that the registrar was, therefore, right in imposing the limitation allowing registration of ..... judgment of the supreme court that what the registrar had to see under that section was whether, looking at the circumstance of the case, a particular trade mark was likely to deceive or to cause confusion. mahajan, j. in delivering the judgment of the court, further observed (para 22) that the real ..... block capitals and the said application was opposed by another company named berlei co. which had previously sold brassieres in the u. k. under a registered trade mark, and the berlei company also applied for rectification of the register by the removal therefrom of the 1938 bali registration, inter alia, as offending section 11 ..... of different medicated boiled sweets for sale in england and wales. in considering the matter under sections 11 and 12(1) of the u. k. trade marks act, 1938, the assistant comptroller referred to the observations of cohen, j. in enoch's case cited above, but declined to follow the same in .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-29-1970
Reported in : AIR1972Bom238; (1972)74BOMLR131; ILR1972Bom317; 1972MhLJ340
..... defendants no. 1. the agreement also provided that for the amount due to the plaintiffs there would be a charge on the trade - mark label of the bidis under which trade mark the defendants marketed their goods.4.upto 29th june 1961, the defendants delivered to the plaintiffs 35,300 bundles of bidis. the ..... value of the goods delivered as 'amount paid', securing the repayment of amount by negative convenant against alienation of property and by creating charge on trade mark tend to show that the dominant purpose of the agreement, ex. 42, is to secure the repayment of a loan advanced with usurious interest and ..... and would not alienate or dispose of moveable and immoveable property or encumber the same; and secondly, the plaintiffs would have a charge on the bidi trade mark used by the defendants no. 1. this clause would show the anxiety of the plaintiffs to secure themselves for the advances made by them to ..... , therefore, hold that it was open to the learned judge to hold in the judgment that the instrument was inadmissible in evidence once it had been marked as an exhibit and admitted in evidence. the supreme court has also so held in the case of javer chand and ors. v. pukhraj surana ..... also held that the agreement ex. 42 was a bond and was not properly stamped. it, however, appears that the said agreement was admitted in evidence, marked as an exhibit and referred to in the examination - in - chief and cross - examination. the trial court further held that the agreement was not .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-01-1970
Reported in : 121CompCas374(Bom); 56SCL665(Bom)
..... learned single judge of madrashigh court held that since the relationship betweenthe holding company and its subsidiary necessarilyimplies exercise of great control by the formerover latter, the use of a trade mark by subsidiarycan fairly be treated as use by holding company. inhackbridge-hewittic and easun ltd. v. g.e.c. distribution transformers ltd., the divisionbench of the same court observed that ..... where the division bench of mysorehigh court held that the word 'undertaking' meansany business or any work or project which oneengages in or undertakes as an enterprise analogousto business or trade and that business orundertaking of a company must be distinguished fromthe properties belonging to the company. areference was also made to the decision of thelearned single judge of this court .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-12-1970
Reported in : 81ITR34(Bom); 1971MhLJ455
..... passage in the judgment of lord porter : 'regarding the circumstances which your lordships have to consider from this point of view, i should myself draw a marked distinction between accounts made up on the purely trading basis and those which are prepared for and accepted by the inland revenue. if there were no obligation to ascertain and pay either of these taxes ..... pradesh high court laid down that the test to be applied is whether the expenditure was necessary on grounds of 'commercial expediency' and on the principles of 'ordinary commercial trading'. another test which the division bench accepted was whether the expenditure was in order directly or indirectly to facilitate the carrying on of the business. they noticed the majority view ..... of the commissioner, the calcutta high court held that, though expenses incurred for conduction proceedings before the income-tax authorities may not be apparently related to the assessee's trading activities, they may be justifiably necessary for increasing the assessee's net profits or for the carrying on of the business with larger funds at the disposal of the assessee ..... , as will appear from the following passage in their judgment at page 116 : 'assuming, however, that not only the usual accountancy expenses for ascertaining the commercial profits on a trade basis but also the expenses incurred by the trader in preparing the statements and accounts for income-tax purposes and for the purpose of satisfying the tax authorities with regard .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-16-1970
Reported in : AIR1972Bom27; (1971)73BOMLR183; ILR1972Bom731; 1971MhLJ482
..... defendant. lal bahadur shastri and mrs. indira gandhi have subsequently re-affirmed the position as mentioned earlier. next there is the evidence of several trade agreements between the two governments, the government of india and the government of the german democratic republic. those agreements are government to government agreement and ..... being made a part of the record in vie of the authorities - already referred to by us, we took it on the record and marked it as ex. a in this appeal.45. we will now consider the effect of the evidence available to us on the record to ascertain ..... both the governments which were parties to those agreements were contracting as sovereign states. moreover, as seen earlier, there has been an exchange of trade representatives between the two countries. later on the second defendant has established consulate general in new delhi and three consulates in bombay, calcutta and madras ..... second defendant in india at new delhi all the appropriate authorities in india were being informed about the change in the status of the regional trade representation of the second defendant at bombay, calcutta and madras to that of consulates of the second defendant and about the appointment of mr ..... the second defendant as a sovereign independent state and has continued to do so and that since the year 1954 there have been several trade agreements between the government of india and the government of the second defendant. it is further stated that in order to look after certain .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-27-1970
Reported in : AIR1971Bom183; ILR1971Bom815
padhye, j.1. this appeal arises out of a suit for maintenance filed by the appellant suhas alias ambadas against the respondent manohar on the allegation that he is the son of the respondent manohar and is entitled to be maintained by him. according to the plaintiff-appellant he was born on 30th october 1955. the suit has been filed on the 6th of january 1959. in this suit the plaintiff claimed a declaration that he is entitled to maintenance and claimed a decree for maintenance at rs. 250/- per month or such other amount as the court may fix from the date of suit and claimed a declaration of charge on the property described in schedule a of the plaint or sufficient part thereof for payment of such maintenance. this plaintiff alleged that his mother taramati who is now dead was married to the defendant on 30th january 1955 and during the lawful wedlock he was born to them on 30th october 1955. according to the plaintiff, the defendant who is his father is in law under personal obligation to maintain the plaintiff who is his minor son. in order to claim this relief the plaintiff stated some additional facts which arose out of a prior proceeding between the defendant-respondent and the plaintiff-appellant's mother taramati. the plaintiff's mother taramati had earlier filed civil suit no. 32-a of 1957 in the court of the third additional district judge, akola, for restitution of conjugal rights. it was her contention in that suit that she was married to the respondent manohar on .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-12-1970
Reported in : AIR1971Bom166; (1970)72BOMLR623; ILR1971Bom714; 1970MhLJ904
..... court in practice requires it, unless the absence of corroborating witness can be satisfactorily accounted for. evidence of a witness to the effect that he or she saw the injuries, marks or bruises within a day or two of such injuries having been inflicted is admissible, though any statement made to the witness in the absence of the party implicated is .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-11-1970
Reported in : AIR1972Bom242; ILR1971Bom1006
..... have been suffering from social and economic handicaps for centuries and one of the ways by which their conditions can be ameliorated by making students, who get even somewhat lower marks, to be eligible for admission to medical colleges; and this must be considered as a measure in advancement of these backward communities.21.similarly, the contention of mr. paranjpe ..... 2) lack of general educational advancement among the major section of a caste or community; (3) inadequate or no representation in government service; (4) inadequate representation in the field of trade, commerce and industry and (5) their economic backwardness and consequent inability to take advantage of the available opportunities as well as the recent trends in their advancement as a result ..... 40 per cent of total marks'. rule 2 which is the most material rule relevant to the challenge in this petition runs as follows :-'admissions are granted once a year only at the medical college ..... students of respective universities. applications submitted by the students wrongly will not be considered. n. b. 2. the students who have secured less than 45 per cent of total marks will not be considered for admission. similarly the students belonging to the scheduled castes, scheduled tribes etc., and applying for admission to reserved seat should have secured not less than .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-14-1970
Reported in : 41CompCas557(Bom)
nathwani, j. 1. this is an appeal against the judgment and decreed of the principal judge, city civil court, bombay, dismissing the plaintiff's suit except for rs. 1,000 awarded as damages and interest thereon. the plaintiff filed the suit against the defendants for return of 40 bales of yearn pledged by him with the first defendant bank, or for rs. 14,210 as the value thereof, or in the alternative for the said sum of rs. 14,210 as damages for failure to return the said 14 bales, and interest and costs. the plaintiff had also, in addition to the aforesaid reliefs, claimed rs. 5,000 as damages for dishonour of three cheques drawn by him on his current account maintained in the first defendant bank and interest thereon, 2. the plaintiff's case may be briefly stated as under : the plaintiff was at all material times carrying on business as merchant in cotton yarn in bombay in the firm name and style of m/s roopnarayan sharma; that he used to store his cotton-yarn bales on godown no. 8 gulalwadi bombay; that prior to 15th september, 1963, the plaintiff had a current account with the first defendant bank its kalbadevi branch in the firm name and style of m/s roopnarayan sharam; that on or about 15th september, 1953, the plaintiff obtained from the defendants a cash credit account facility and the first defendants opened in the plaintiffs name at its kalbadevi branch a cash credit account; that the first defendants agreed to advance in the said account a sum of rs. 50,000 to the .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-05-1970
Reported in : (1970)72BOMLR723
vimadalal, j.1. this is a petition filed by the sole surviving executor of the will of one girdharlal nahalehand for review of the order passed by me in chambers on march 20,1969 whereby i had ordered that the inventory and accounts filed by the said executor and tendered in court on that day be taken on file and had given further directions in the following terms:-and i do further order that in the event of accounts being disputed the same be referred to the commissioner of this honourable court for taking accounts and i do further order that the commissioner do examine the same and certify to this court whether the said inventory and accounts represent a true, complete and just account of the administration of the estate of the abovenamed deceased.2. in the proceedings that ensued before the commissioner of accounts, on august 12,1969, the applicant, who is a legatee under the will of the deceased and at whose instance the said order was made, brought in objections and surcharges to the inventory and accounts filed by the petitioner-executor and several meetings thereafter took place before the commissioner. in para. 7 of the present petition, it is submitted that, under section 817 of the indian succession act, the only obligation cast upon an executor is to exhibit a true inventory containing a full and true estimate of all the property and an account of the estate. it is further submitted in the said paragraph that there is no obligation in law cast upon an executor .....Tag this Judgment!