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...language and cannot, therefore, be said to. be an invented .word. In Diabolo case(1) Parker J., has explained the meaning of "invented word" as follows:
"To be an...been assigned to it."
In the case of De Cordova and others v. Vick Chemical Co.(2) the Privy Council referred to that interpretation of Parker J., as "the best standing...mistake in the minds of the persons accustomed to the existing trade mark. [216 H; 217 G--H; 218 E]
Parker Knoll Ltd. v. Knoll International Ltd., [1962] R.P.C. 265 at 274...
...they cannot be bound by a previous agreement. In Von Hatzfeldt-Wildenburg v. Alexander (1912) 1 CH 284 it was stated by Parker, J. as follows...summarised in the judgment of Parker, J. In Von Hatzfeldt-Wildenburg v. Alexander (1912) 1 CH 284 was applicable in India. The question in the present appeals is...Ramaswami, J.—The appellant in both the appeals was one of the partners in a firm consisting of about thirty partners which was running a mill named “Vasavamba Oil and Rice...
...appeal, has since been overruled in Husamanna v. Linganna (1895) I.L.R. 18 M. 423. No doubt, Parker, J., has in this case expressed himself as inclined to take a...
...appeal again came on for final hearing before Sir Arthur Collins, C.J., and Parker, J., who delivered the following.
6. The Vakil for the appellants admits that as the opinion of the...
...of the case must be considered. As was observed by Parker, J., in Pianotist Co Application (1906) 23 RPC 774 which was also a case of the comparison of two words...S.K Das, J.—This is an appeal by special leave granted by this Court on December 8, 1958. On July 19, 1950, Satya Deo Gupta, respondent before us, made an application under...”) Farwell, J., said in William Bailey (Birmingham) Ltd. Application (1935) 52 RPC 137:“I do not think it is right to take a part of the word and...
...=49 Cal 167. In Madras there is a closely reasoned decision of Parker, J. against admissibility Queen-Empress v. Viran, (1886) 9 Mad 224=2 Weir 125; but...Chuckerbutty, (1898) 2 CWN 702 in which the leading judgment was given by Bannerjee, J. and concurred in by Maclean, C. J. The reasoning of this judgment is lucid and cogent. In the same sense are...
...Court to administer oath or affirmation to a witness does not render the evidence of that witness inadmissible. The same view was taken by Parker, J., in the only reported case of this Court—Queen..., JJ., took the same view as Parker, J.It is only in the Allahabad, High Court that the opposite view has prevailed, vide Queen-Empress v. Maru(2). Both on a construction of section 13...
...act judicially may arise in widely different circumstances which it will be impossible and indeed inadvisable to attempt to define exhaustively:(vide observations of Parker, J. in R. v...Appeal No. 291 of 1955. Veda Vyasa and C. P. Lal, for the appellant. J. P. Goyal, for the respondents.
1962. February 6. The Judgment of the Court was delivered by...
WANCHOO, J.-This is an appeal on a certificate granted by the Allahabad High Court. The brief facts necessary for present purposes are these. The three respondents were...
.... (Massey and Giffin's Case), Parker, J. discussed Sharman's case(3) and Richardson's case and described them as being cases in which there was in reality some contractual relation between the company.... Under the law it was void. We do not think that either Sharman's case or Richardson's case is of any assistance to the Official Liquidator. The distinction drawn by Parker J. between cases where the...(Delivered by Mockett. J.)This Civil Miscellaneous Appeal is from an order of the learned District Judge of Coimbatore made in an application under S. 184 of...
...that adopted by Parker, J., in Chinna Narayana Reddi v. Peda Rama Reddi appeal against Order No. 82 of 1890 reported in 1 Mad. L.J. 479. The...
...Collins C.J, and Parker, J., observe:“In the absence of any technical definition, the term ‘common gaming house’ must at least imply that the house was one used as a place of public resort..., Hawkins, J., says:“Neither do I think that it makes any difference that the use of the house and the gaming therein was limited to the subscribers and members of the club and that it was...
...1. It was held by Collins, C.J., and Parker, J., in Singiri Eradu v. Empress II Weir's Crl. Rule, 435 Crl. Rev. C No. 463 of 1894 (unreported) that procedure identical with that adopted...
...as such, is based on the rulings in Narayana Nambi v. Pappi Brahmani I.L.R. 10 Mad. 22 . PARKER, J., was a party to that decision, but in a later ease Chathappan Nayar v. Kun...having been dismissed or otherwise legally disposed of must be regarded as still pending. This was the view taken by MUTTUSAMI AYYAR, J., in an exactly similar ease Sri Rajah Papamma Rau v...
...in the judgment of Parker, J., in Hatzfeld-Wildenburg v. Alexander, (1912) 1 Ch 284=81 LJ Ch 184=105 LT 434 at p. 288 applies in India. Parker, J. states...
...ascertainment, and in the recent case of Poulton v. Adjustable Cover and Boiler Co., (3), Parker, J., as he then was, doubted the existence of any such doctrine. There may be cases...
...plaintiffs could have compelled the defendants' ancestor to demolish the raised portion of the wall. But they did not do so. The result is, as stated by Parker, J. in Kanakayya v...Judge who says that the newly erected portion is not a common or party wall, nor with Parker, J. who held in Kanakayya v. Narasimhulu that...dismissed the suit, and his decree was confirmed by the Subordinate Judge. In appeal Parkar, J. said:“The plaintiffs are entitled to the relief asked for. It is true that the refusal of...
...confusion but the likelihood of confusion to be the test in guiding this matter. In the case of Re : Pianotist Co.'s Application, (1906) 23 RPC 774 Parker, J. observed as follows at...
...word mark (Kerly, para 17.07). After referring to the factors mentioned by Parker, J. in the above case, it is stated in Halsbury's Laws of England, (Vol. 38, 3rd Edn., para 986) as follows...M. Jagannadha Rao, J.— Leave granted.2. In trademark cases, the tension is between protectionism on the one hand and allowing competition on the.... (P) Ltd. (1970) 3 SCC 665 was relevant. Learned counsel also argued that under Sections 2(j) and 2(v), “mark” included a label. In...
...assumed to be in use by traders in that market. In considering the matter, all the circumstances of the case must be considered. As was observed by Parker, J. in Pianotist Co.'s Application, Re...B.N Kirpal, J.— Leave granted.2. The appellant and the respondent are pharmaceutical companies manufacturing various pharmaceutical products. The...another person. As per Lord Diplock in Erven Warnink BV v. J. Townend & Sons (1979) 2 All ER 927 the modern tort of passing off has five elements i.e...
.... Parker, J, in R. v. Manchester Legal Aid Committee (1952) 2 QB 413 brought out the distinction between judicial and administrative acts very vividly in the following...Subba rao, J.— The facts leading up to this appeal may briefly be narrated. Gujarat Cotton Mills Co. Ltd., hereinafter called the Company, is a limited company having its...