Trade and Merchandise Marks Act, 1958, Section 28, 29, 106 -- Infringement of Trade Mark - Relief of injunction - Trade Mark `Shalimar' registered by appellant company manufacturing and marketing coconut oil for edible and toilet purposes - Respondents using the said mark for marketing Sun Flower edible oil without registration or without taking any rectification..........
Evidence Act, 1872, Section 106 -- Provision is not intended to relieve prosecution of its burden to prove guilt - Provision would apply to cases where prosecution has succeeded in proving facts from which reasonable inference can be drawn regarding existence of certain facts...........
Transfer of Property Act, 1882, Section 106 -- Notice - Construction - Notice not to be construed in a hair-split manner so as to find out loop-holes in such notice - Inconsequential mistakes in notice not to be found out - From the notice it must be apparent that the landlord wants to terminate the tenancy and the minimum period of such notice has been complied with...........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 90, 106 -- Dismissal in default of application U.O.21.R.90 - Revision against - J.D. cannot invoke the jurisdiction u/s 115 - Substantive remedy by way of an application U.O.21.R.106 is available...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Frivolous objections need not to be put to trial...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Execution - Objections - Property purchased after passing of the decree - Person who transferred the property to the objector had prima facie no title to the property on the date of execution of the sale deed - Objections that objector was not party to the suit..........
Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27 -- Two registered notices - One sent at residential address and the second at office address - Notice sent at office address never returned while the notice sent at residential address returned with postal endorsement `Refused' - Held, notice could be said to have been served on petitioner...........
Transfer of Property Act, 1882, Section 106 -- Notice - Two modes by which notice can be served - (i) By sending it to the party by post (ii) Second mode is by (a) tendering or delivering personally to such party or to one of his family members or servants, at his residence; (b) if such tender or delivery is not possible, affixing it to a conspicuous part of the property...........
Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Notice - Service - Proof - If notice is sent by registered post, properly addressed it shall be presumed to have been delivered to the addressee - There is no obligation to prove the service of notice by examining the postman...........
Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Notice - Under certificate of posting - A notice to quit sent by ordinary post is as valid as one sent under the registered post - Section 106 of the TPA does not provide that notice of termination of tenancy should be sent by registered post - There is a..........
