Deceptive similarity (the Trademarks Act, 1999)

Deceptive similarity is one of the vital tribulations that is sought to be resolved by the Trademarks Act, 1999.

As per section 2 (h):- a mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion and mark as per section 2 (m) includes a device, brand, heading, label, ticket, name signature, word, letter, numerical, shape of goods, packaging or, combination of colors or any combination thereof.

CASE:- In Bombay Metal Works (P) Ltd v. Tara Singh & Ors 2006 (33) PTC (Bom.)(DB), is one such case where even after obtaining an injunction, the plaintiff is forced to make attempts to sustain the protection of marks.

Facts of the case:

Tara Sing & Ors were

Difference between capital and revenue receipts

CAPITAL RECEIPTS	REVENUE RECEIPTS
1. Source:-
Capital receipt is the amount received from the sale of:-             Assets,             Shares and              Debentures.	Revenue receipt is the amount received from the sale of:-             Goods and              Services.
2. Nature:-
Capital receipt is of non-recurring nature.	Revenue receipt is of recurring nature.
3. Impact:-
Main items of capital receipt are capital and loan, which affect financial position of the business.	Main items of revenue receipt are sale of merchandise, discount and commission, which affect operating results of the business.
4. Treatment:-
Capital receipt is shown on the liabilities side of the balance sheet.	Revenue receipt is shown on the credit side of the trading and profit and loss accounts.

Family Pension

  Family pension is granted to the family of a Govt. servant in the event of his death while in service and also after retirement provided he was on the date of death in receipt of a pension or compassionate allowance. It is governed by the provision of “Family Pension Scheme-1964” which was introduced WEF. 01-01-1964 vides Army Instruction No. 2/S/64 replaced vide AI-51/80. The benefit of this scheme has also been extended from 22-09-1977 to the families of Armed Forces Personnel of those who retired/died before 31-12-1963 vides GOI, MOD No. F 6(2)/85/1689/B/D (P/S) dt 08-08-85.

Date of commencement of Family Pension: The Family Pension is payable from the date following the date of death of the Govt. servant.   

Definition of Family:-

For the purpose of Family pension 'Family' in relation to Govt. servant means:  

(i)                 Wife or wives including judicially separated wife or wives, in the case of a male employee.

(ii)                Husband including judicially separated husband in the case of female employee.

(iii)               Sons including step sons and adopted sons.

(iv)          Unmarried daughters including step-daughters adopted daughters and widowed/divorced  daughters ; and

(v)              Parents who were wholly dependent on

Westminister

The ‘Westminster system’ is a democratic parliamentary system of government modeled after the politics of the U.K. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom.

It’s a series of procedures for operating a legislature.

It is used, or was once used, in the national legislatures and sub national legislatures of most Commonwealth and ex-Commonwealth nations upon being granted responsible government, beginning with the first of the Canadian provinces in 1848 and the six Australian colonies between 1855 and 1890.

However some former colonies (e.g. Nigeria) have adopted the presidential system as their form of government.

The Westminster system of government may include some of the following features and Characteristics:-

1.      a sovereign or head of state who functions as the nominal or legal and constitutional holder of executive power, and holds numerous reserve powers, but whose daily duties mainly consist of performing ceremonial functions.

Few Examples:- include Queen Elizabeth II, the Governors-General in Commonwealth realms, or the presidents of many countries and state/provincial governors in republican federal systems.

2.      The Prime Minister (PM) (a head of government (or head of the executive)), premier or first minister. While the head of state appoints the head of government, constitutional convention suggests that a majority of elected Members of Parliament must support the person appointed.^[1] If more than half of elected parliamentarians belong to the same political party, then the parliamentary leader of that party typically gets appointed.

3.      a de facto executive branch led by the

History of Land Reforms

The Land Reforms Policy adopted since Independence aims at restructuring agrarian relations to achieve an egalitarian social structure; elimination of exploitation in land relations; realizing the age-old goal of land to the tiller; increasing agricultural productivity and production and infusing equality in local institutions.

After independence, focus was given on land reforms to fulfill promises made during the freedom struggle (i.e. land to the tiller and growth with equity). Land reforms were accorded highest significance as tool of poverty alleviation to set up an egalitarian society in village in tune with the socialist ideology enshrined in the constitution’s Directives principles of state Policy.272 legislations have been

Difference between Land Hoarding & Land Banking

LAND BANKING	LAND HOARDING
1. Land Banking is maintaining a sufficient stock of optioned or consented sites to maintain the maximum possible flow of completed units at a realistic rate of return.	1. Land Hoarding is maintaining a stock of sites over and above the level necessary to maintain the maximum possible flow of completed units at a realistic rate of return, if the land was sold at a market clearing price.
2. Land Banking is a necessary and acceptable practice.  Arguably at the peak of the market as the OFT noted there was not enough of it. Land hoarding is not, it usually represents where a land owner has paid too much for a site and is afraid to write the site off its balance sheets as it is maintained as collateral with banks.	2. Contrary to Peter Stacey of Turley, householders are in the business of making money from land not so much housing, they are not continental like constriction only firms.  They make their money from gaining planning consent, the gift of the community. The problem is simple, housebuilder bought sites at excessive ponzi values before the onset of the great recession.  Which is why without any distinction between stock and flow, between genuine and false reasons for holding a stock and without any theory or economic analysis he can claim, despite all of the evidence.

The proposed solution in Dublin  here is the detailed report on their proposed vacant land tax and the Powerpoint. Such taxes have been highly successful in the states.