cover image: The Calcutta Weekly Notes  Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India  Monday  August 15  1938

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The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India Monday August 15 1938

1938

The utmost benefit drived from the registration is perhaps that it helps to date the claim of a monopoly— for generally a registration is effected bfore the particular mark is thrown into curency and the date of the registration may be referred to for fixing the origin of the association of the mark with the claimant’s goods. [...] Even so however the association must be proved independently as a fact and the degree of association must be proved to be such that the purchasing public knows the mark to be the insignia of the claimant’s goods and his goods to be those which bear the mark. [...] On the merits too the decision in the prsent case is perhaps not wholly the decision of the Bar Council for the Court’s judgment quotes an extensive passage from the Bar Council’s report where the reasons for the decision are given and declares them to be good and proper reasons. [...] In mortgage suit it is nothing but two stages of the same suit and the Plaitiff's pleader as such does not get pleader's fees twice one at the time of the passing of the preliminary decree and another at the time of the 'Sassing of the final decree. [...] On the pleadings in and the circumstances' of the present case where the suit has been brought on the basis of an acknowledgment the Plaintiff must be taken to allege a valid agreement and if the Defendant denies that the agreement is valid he must allege lack of consideration if that is the ground on which he contends that the agreement is ivalid.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India Monday August 15 1938
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