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...and wrappers of the Sunlight and Lifebuoy soaps of the company and came to the conclusion that there was resemblance between the two sets of wrappers and labels and that resemblance was so close that a...Sunlight and Lifebuoy soaps and were prosecuted under s. 486 of the Indian Penal Code. The Magistrate found that the resemblance between the wrappers and labels in which the soaps were being sold and those...the genuine Sunlight and Lifebuoy soaps, and
(ii) if they were so made to resemble whether the resemblance was such as might deceive a person. It was not necessary to import...
...company the Court came to the conclusion that the resemblance between them was such as might deceive a person and that the differences in detail did not affect the resemblance. In the present case, the...another thing intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.
Explanation 1. - It is not essential to...counterfeiting that the imitation should be exact.
Explanation 2. - When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived...
...the defendants from using a name resembling the name of "The American Shoe Company" on the assertion that the resemblance was such as to represent or lead to the belief that the defendants' business...defendants to the suit, which culminated in the above decision, opened a shop in a name which resembled the name of "The American Shoe Company". H. E. Randall Limited thereupon brought an action to restrain...was a branch of or connected with that of the plaintiffs. The defence. inter alia was that since the business which the plaintiffs carried on under name "The American Shoe Company", which was different...
...rule can be laid down as to what is or is not a mere colourable variation. All which can be dose is to ascertain in every case as it occurs whether there is such a resemblance as to deceive a purchaser using ordina...Ismail, J.:— This is an application in revision against an order of the court below. The complainant. Messrs Tata Oil Mills Company of Bombay, made this complaint through Mr. Tandon, who...resemblance between the Soap manufactured by the applicant and soap “501” manufactured by the complainant; that no offence in law was committed by the applicant and that the complaint was barred by...
...High Court has declined to quash the charge-sheet filed against the appellant and other Directors of a company, namely, M/s Morepen Laboratories Ltd. (for short “the Company”) for the offences...) was registered against the aforementioned Company and its Directors.3. The relevant portion of the FIR reads thus:“That in June 1999, S...).That the above Executive Directors of the Company, dishonestly, fraudulently and in conspiracy with other accused persons submitted to the Bank, fake and forged...
...plaintiff company have become associated in the Indian market with Chadwick Co.; but we are unable to accept the conclusion of the learned District Judge that there is such a resemblance in the name and...(Delivered by Govindarajachari, J.)This is an appeal in a passing off action in the Court of the District Judge of South Arcot. The defendant company against which a decree...granting an injunction, ordering an account, and directing the delivery of the offending labels has been passed is the appellant.The respondent which is a company registered under the...
...Limited, is a company registered under the Companies Act, 1956. It had about 7500 employees in its textile mill at Mumbai which suffered heavy loss due to high increase in the cost of production and...competition both in the domestic as well as international market. With the object to reduce its operational cost, agreements dated 6-7-2004 and 5-9-2005 were entered into by the Company with its recognised...for VRS which left 6700 employees still on its roll. Finally, a highly upgraded VRS was offered to the employees unilaterally by the respondent Company on 13-11-2006 which offer was valid till 12-12...
...against the judgment of a learned Single Judge, dated May 17, 1978 in Company Petition 39 of 1977. The main contending parties in these appeals are: (2) the Needle Industries (India) Limited and (ii) the...Needle Industries—Newey (Indian Holdings) Limited. These two companies have often been referred to in the proceedings as the Indian Company and the English Company respectively, but it would be...convenient for us to refer to the former as “NIIL” and to the latter as the “Holding Company”. The Holding Company has been referred to in a part of the proceedings as “NINIH”.2...
...not the remotest resemblance with a partnership. It would be dangerous to think that any one of them in such a set up has the right to send the company into winding up on the analogy of a partners..., therefore, be said that the company consists of two individuals or two or more groups equally or more or less equally balanced, having rights analogous to those enjoyed by partners. The company has...P.N Khanna, J.:— This judgment will dispose of three Company Appeals Nos. 8, 10 and 11 of 1971, directed against the judgment dated May 27, 1971 of the learned Company Judge, arising out of...
...Employees' Provident Funds and Family Pension Fund Act, 19 of 1952, (referred to herein as “the Act”). Respondent 2 is a Company called M/s Burhanpur Tapti Mills Limited, of which Appellants 1 to 3...were Directors and Appellant 4 the Factory Manager. Under Section 17 of the Act, the Company was granted exemption from the operation of the Employees' Provident Funds Scheme, 1952 which is framed under...the Act. That exemption was granted on the condition that the Company will transfer monthly collections of the Provident Fund of workers, inclusive of the employers' contribution, to the Board of...
...referred at the instance of the assessee, while the second question has been referred at the instance of the Revenue. The year of assessment is 1966–67. The assessee is a company which carries on...claimed, by way of revenue expenditure, an amount of Rs. 48,312 paid to Messrs. Zahnradifabrik Friedrichshafen Aktiengesellschaft of Germany (hereinafter referred to as the “German company”). The Income-tax...Officer disallowed this claim on the ground that this payment had been made to the German company for obtaining a complete set of master-drawings and other technical documentation necessary for the...
...purpose, that the notifications were made on different dates though they were published in the same issue of the Gazette and are perfectly valid, that the land is not being acquired for a company but for a...this project of a well-known American company named Borg-Warner International Corporation of Chicago, which is the biggest manufacturers of air conditioning plants and equipment in the world, and that...that the Air Conditioning Corporation which was incorporated as a private limited company has since, with the permission of the Central Government, been converted into a public limited company with the...
...chairman of a meeting, and are, as has been pointed out in Harben v. Phillips purely ministerial. The operation of taking a ballot, too, has little resemblance to such a meeting,—each share-holde...appointed to conduct the poll, unlike the Chairman of a meeting, need not be, and indeed in the present instance was not, a share-holder of the Company. His functions in no way resemble those of a...Curgenven, J. — The suit out of which this appeal arises relates to a Company known as the United India Life Assurance Co., Ltd., and the circumstances which gave rise to the dispute are...
...passed with the object of giving effect to Article 39(b) of the Constitution and the provisions of the enactment provide for vesting of these undertakings in the State or in a government company...through Acts of Parliament but in course of time of more than a quarter of a century the assets have changed their nature and today they bear hardly any resemblance to the assets which were acquired...Development Corpn. (1995) 5 SCC 251 to indicate the nature of holding by a government company of the assets held by it...
...similar in certain respects, they bear some resemblance; particularly the view of Rowlatt J. whether the company in that case had gone beyond realising the property and embarking on a business on land...Veeraswami, J.:— The assessee, which is a private limited company, received in the accounting year, ended June 30, 1958, corresponding to the assessment year 1959-60, a surplus of Rs. 27,568 on sale of...formed part of the business of the company. A further appeal by the assessee to the Income-tax Appellate Tribunal was however successful. The Tribunal found that there was no evidence of any intention on...
...Green Finance India Pvt. Ltd. There stood certain a debit balance in the books of the company against the assessee and the Income-Tax Officer formed an opinion that the assessee shall be deemed to...have derived benefit from the company assessable to tax within the meaning of section 2(24)(iv) of the Act. The value of such benefit was added to the income of the assessee...Lakshmi, [1978] 113 ITR 368. The facts of the case bear a close resemblance to the fact of the case at hand. During the course of its judgment, the Division Bench has observed (page 375...
.... with similar objects. The dispute that cropped up consequent on the incorporation of the third respondent-company is the resemblance of the name. As already noticed, the name of the petitioner...-company is Sidhvi Constructions (India) Pvt. Ltd., while the name of the third respondent is Sidhvin Construction (India) Pvt. Ltd. On account of this similarity and identical resemblance and with similar...registering the company of Sidhvin Constructions (India) Pvt. Ltd. as illegal and arbitrary.2. A few relevant facts are necessary for deciding the issue. The petitioner-company (Sidhvi...
...the disputes between the parties and the tussle over the control of the company and the spilling over of such fight in the different jurisdictions that has already been referred to hereinabove.... Paragraphs 17 to 27 of the impugned order deal with the submissions of the parties and appear to bear a close resemblance to the written submissions filed by the two sets of parties that have been...to be only another round of skirmish between two opposing groups in a matter pertaining to the control of a company, there are certain other striking features that engage the attention beyond the...
...“identical with or too near resemblance” with the name by which a company in existence has been previously registered or with a registered trademark under the Trademarks Act.13. It is...of a Company in existence or a registered trademark. What the guidelines aforesaid provide is that identity with or resemblance with a name resembling popular or abbreviated descriptions of important...company in the name of “M/s International Trade and Exhibitions India Private Limited” to change its name as per procedure prescribed under the Act, within three months of the order.2. This...
....4. The brief facts of the case are as follows:The appellant Company (plaintiff) claimed that it started business in 1988 in four products like...defendant's parent company in over 110 countries all over the world and the defendant had transborder reputation and goodwill. The plaintiff could not claim monopoly in the variations of the ordinary...phonetically. Here there was clear phonetic resemblance. The contention that what was registered was the label and not the word “piknik” could not be accepted. The “essential features” of the trademarks were...