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Judgment Search Results Home > Cases Phrase: trade marks Sorted by: recent Year: 2018 Page 1 of about 115 results (0.046 seconds)

Apr 13 2018 (SC)

Commissioner of Central Excise Vs. M/S. Madhan Agro Industries (I) Pvt ...

Court : Supreme Court of India

Decided on : Apr-13-2018

..... in such a way that it is useable for the purposes of 'hair oil', it has to be classified as 'hair oil' under chapter 33. 56 30. government of india, trade mark registry and public search result indicate that trademark no.1033842 class-3-parachute is associated with hair oil, hair lotions etc. registration of the trademark of the 'parachute' brand is ..... the amended chapter note 2 to chapter note 33 and section note with effect from 01.03.2005. insofar as 'parachute' is concerned, revenue places reliance upon various materials like trade mark registration and other materials as to depicting how the market has understood, 'parachute' as the 'hair oil'. it was further submitted that in case of conflict, the notes contained in ..... class cannot be determinative of the classification of the product for purposes of central excise tariff. moreover, in the present case, marico had/has obtained registration of its trade mark parachute under different classes including edible oil (class 29) as well as hair oil lotions, hair preparations under class 3.34. the contents of circular bearing no.no.145/56 ..... . a contention has been advanced on behalf of the revenue that parachute is a registered trademark of marico and goods are being marketed under the aforesaid trade mark for use as hair oil. the issue of registered trade mark and classification for the purpose of levy of central excise tariff are unrelated and unconnected to each other. registration of a trademark under any particular .....

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Apr 13 2018 (SC)

Commissioner of Central Excise Etc. Vs. m/s.aishwarya Industries Throu ...

Court : Supreme Court of India

Decided on : Apr-13-2018

..... in such a way that it is useable for the purposes of 'hair oil', it has to be classified as 'hair oil' under chapter 33. 56 30. government of india, trade mark registry and public search result indicate that trademark no.1033842 class-3-parachute is associated with hair oil, hair lotions etc. registration of the trademark of the 'parachute' brand is ..... the amended chapter note 2 to chapter note 33 and section note with effect from 01.03.2005. insofar as 'parachute' is concerned, revenue places reliance upon various materials like trade mark registration and other materials as to depicting how the market has understood, 'parachute' as the 'hair oil'. it was further submitted that in case of conflict, the notes contained in ..... class cannot be determinative of the classification of the product for purposes of central excise tariff. moreover, in the present case, marico had/has obtained registration of its trade mark parachute under different classes including edible oil (class 29) as well as hair oil lotions, hair preparations under class 3.34. the contents of circular bearing no.no.145/56 ..... . a contention has been advanced on behalf of the revenue that parachute is a registered trademark of marico and goods are being marketed under the aforesaid trade mark for use as hair oil. the issue of registered trade mark and classification for the purpose of levy of central excise tariff are unrelated and unconnected to each other. registration of a trademark under any particular .....

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Feb 20 2018 (SC)

Lic Vs. Nandini J. Shah .

Court : Supreme Court of India

Decided on : Feb-20-2018

..... when such jurisdiction is exercised by a single judge, his judgment becomes subject to appeal under clause 15 of the letters patent there being nothing to the contrary in the trade marks act." (emphasis supplied) 27. the question regarding the purport of expression persona designata also arose for consideration in other cases decided by this court to which our attention has been ..... the present case, the principle enunciated therein is one of general application and has an apposite application to the facts and circumstances of the present case. section 76 of the trade marks act confers a right of appeal to the high court and says nothing more about it. that being so, the high court being seized as such of the appellate jurisdiction ..... that an appeal under the letters patent against the judgment of a single judge passed in an appeal against the decision of the registrar under section 76(1) of the trade marks act, 1940 was not maintainable it was held at pages 1033-34 of the report: (scr pp.1033-34) obviously after the appeal had reached the high court it has .....

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Jan 30 2018 (SC)

Authorized Officer, State Bank of Travancore Vs. Mathew k.c.

Court : Supreme Court of India

Decided on : Jan-30-2018

..... petitioner is able to show that its case falls within any of the exceptions carved out in baburam prakash chandra maheshwari v. antarim zila parishad, whirlpool corpn. v. registrar of trade marks and harbanslal sahnia v. indian oil corpn. ltd. and some other judgments, then the high court may, after considering all the relevant parameters and public interest, pass an appropriate interim .....

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Jan 05 2018 (HC)

Ragini Shrivastava Vs. Jharkhand Academic Council,ran

Court : Jharkhand

Decided on : Jan-05-2018

..... remedy as it depends on facts of each and every case. view of this court gets fortified by the decision rendered in the case of whirlpool corporation vs. registrar of trade marks, mumbai & ors as reported in air1999sc22 wherein the hon'ble court has enunciated that alternative remedy is not an absolute bar and a writ court can exercise judicial review under .....

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Mar 09 2018 (SC)

Common Cause (A Regd. Society) Vs. Union of India

Court : Supreme Court of India

Decided on : Mar-09-2018

..... clearly establish a person's wishes for purposes of the subjective standard, and the burden of a prolonged life from the experience of pain and suffering markedly outweighed its satisfactions, treatment could be terminated under a limited objective standard. where no trustworthy evidence existed, and a person's suffering would make the ..... can only be achieved by administering drugs at a level which is likely to shorten life, but enhances the quality of life while it lasts. a trade-off between length of life and quality of life is permissible. 132) at the same time, possibility of misuse cannot be held to be a ..... and not an offender, at least in the absence of proof to the contrary, the burden of which must lie on the prosecution. section 115 marks a pronounced change in our law about how society must treat and attempt to commit suicide. it seeks to align indian law with emerging knowledge on ..... the individual not be in a position later to comprehend or decline treatment, is a manifestation of individual choice and autonomy. the process of ageing is marked by a sense of helplessness. human faculties decline as we grow older. social aspects of ageing, such as the loss of friendships and associations combine ..... of 112 choice.82) to the aforesaid, professor baxi adds: i still need to say that the idea of dignity is a metaethical one, that is it marks and maps a difficult terrain of what it may mean to say being 'human' and remaining 'human', or put another way the relationship between 'self', .....

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Feb 16 2018 (SC)

u.p.public Serice Commission Vs. Manoj Kumar Yadav .

Court : Supreme Court of India

Decided on : Feb-16-2018

..... in mathematics, 70 out of 100 may merely indicate an average student. some optional subjects may be very easy, when compared to others, resulting in wide disparity in the marks secured by equally capable students. in such a situation, candidates who have opted for the easier subjects may steal an advantage over those who opted for difficult subjects. there is ..... be prepared in respect of the valuation of each examiner.) (iv) after ascertaining or assessing the standards adopted by each examiner, the head examiner may confirm the award of marks without any change if the examiner has followed the agreed norms, or suggests upward or downward moderation, the quantum of moderation varying according to the degree of liberality or strictness ..... senior person) acting as the head examiner. when more than one examiners evaluate the answer-scripts relating to a subject, the subjectivity of the respective examiner will creep into the marks awarded by him to the answer-scripts allotted to him for valuation. each examiner will apply his own yardstick to assess the answer-scripts. inevitably therefore, even when experienced ..... in 2003. the result of the examination was challenged on the ground that the adoption of the scaling method was arbitrary. the complaint was that there was reduction of actual marks to the detriment of meritorious candidates. this court in sanjay singh (supra) considered the point whether the scaling method adopted by the commission was arbitrary and irrational and held .....

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Apr 16 2018 (SC)

m.p.power Generation co.ltd.. And Anr Vs. Ansaldo Energia Spa and Anr

Court : Supreme Court of India

Decided on : Apr-16-2018

non-reportable in the supreme court of india civil appellate jurisdiction of 2018 ) no . 39067 of civil appeal no . 3804 s.l.p. ( civil ( arising out of 2013) m.p. power generation co. ltd. & anr. .... appellants versus ansaldo energia spa & anr. .respondents judgment l. nageswara rao, j.leave granted.1. m.p. power generation co. ltd. formerly known as madhya pradesh electricity board (hereinafter referred to as the board ) invited proposals for refurbishment of units 3 and 4 of the thermal power plants at amarkantak having the capacity of 120 mw by a notice inviting tender dated 24th october, 1996. a provisional letter of intent for refurbishment of thermal power plant of 2 x 120 mw phase ii was issued by the board to respondent no.1, ansaldo energia spa (for short the claimant ) on 11th may, 1 1999. thereafter, on 24th august, 1999 four agreements were signed between the claimants and the board viz overall coordination agreement, offshore supply contract, onshore supply contract and onshore services contract.2. a bank guarantee dated 22nd february, 2000 was furnished by the claimants as per clause 9.2 (a) of the onshore supply contract for rs. 9,29,20,000/- (10 per cent of the onshore supply contract price). another bank guarantee was furnished by the claimants on 23rd february, 2000 as per the stipulation in clause 9.2(a) of the offshore supply agreement for us $ 1,708,100/-. the above bank guarantees were given towards advance payment that was to be made by the board. on .....

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Apr 10 2018 (SC)

A.p Industrial Inf. Corp. Ltd Vs. s.n Raj Kumar

Court : Supreme Court of India

Decided on : Apr-10-2018

reportable in the supreme court of india civil appellate jurisdiction civil appeal no(s). 3020 of2018the andhra pradesh industrial infrastructure corporation limited and others .....appellant(s) versus s.n. raj kumar and another .....respondent(s) w i t h civil appeal no.2995 of2018civil appeal no.2994 of2018civil appeal no.2996 of2018civil appeal no.2997 of2018civil appeal nos. 2998-3014 of2018civil appeal nos. 2954-2989 of2018civil appeal no.3015 of2018civil appeal no.3016 of2018civil appeal nos. 3018-3019 of2018civil appeal no.2990 of2018civil appeal no.3017 of2018civil appeal no.2991 of2018civil appeal no.3020 of 2018 & ors. page 1 of 18 civil appeal no.2992 of2018a n d civil appeal no.2993 of2018judgment a.k.sikri, j.appellant no.1, andhra pradesh industrial infrastructure corporation limited, is a public sector undertaking incorporated under the companies act, 1956. appellant nos. 2 and 3 are its office bearers. the main object of the appellant-corporation is to develop industrial areas at various places in the state of andhra pradesh and allot them to the needy entrepreneurs for the purpose of establishing industries.2. during 1996-97, the appellant-corporation allotted industrial plots to the respondents/ entrepreneurs herein at visakhapatnam and other places in the state of andhra pradesh. all the respondents are transport companies with their headquarters all over india and they got allotted the aforesaid plots in visakhapatnam or other places in the state with the .....

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Apr 06 2018 (SC)

Mangla Ram Vs. The Oriental Insurance Company Ltd

Court : Supreme Court of India

Decided on : Apr-06-2018

..... by respondent no.2 was involved in the accident in question. indeed, the high court was impressed by the mechanical investigation report (exh. 5) which stated that only a scratch mark on the mudguard of the left tyre of the vehicle had been noted. on that basis, it proceeded to observe that the same was in contradiction to the claim of ..... filed against the driver of the offending vehicle and also because the mechanical investigation report (exh.5) merely indicated that on the left side of the offending vehicle a scratch mark was noticed on the mudguard of the left tyre which contradicted the 13 (2007) 5 scc 428 14 (1977) 2 scc 441 15 (2012) 4 scc 552 13 statement of .....

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