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1 - 10 of 24 (0.40 seconds)Section 31 in The Trade Marks Act, 1999 [Entire Act]
Section 31 in The State Financial Corporations Act, 1951 [Entire Act]
Section 32 in The State Financial Corporations Act, 1951 [Entire Act]
The Code of Civil Procedure, 1908
Section 34 in The Trade Marks Act, 1999 [Entire Act]
Gujarat State Financial Corporation vs M/S. Natson Manufacturing Co. (P) Ltd. & ... on 29 August, 1978
24. The aforesaid decision of the Supreme Court, relied on by Mr. Vijayashankar, succinctly states the purport of the decision in the earlier case, namely, Gujarat State Financial Corporation v. Natson Manufacturing Co. (P) Ltd., , as laying down that a proceeding under section 31(1) of the Act was akin to a proceeding resulting in the attachment of property prior to the stage of the passing of a decree which ratio leads, as pointed out by Mr. Sundaraswamy for the appellant, to the further inference that at any rate in relation to the subsequent stages of an order made with reference to an application under section 31(1) of the Act, the provisions of the Civil Procedure Code regulating the procedure can availed of. It is pointed out that the two decisions of the Supreme Court cited supra did not lay down anything contrary and enact a bar, if any, in availing of the provisions of the Civil Procedure Code in general and the ban, if any, was only as regards regulation of the substantive rights of the parties. It may well be that the two decisions of the Supreme Court can confined to the principle that having regard to the nature of the application under section 31(1) of the Act, and the mode of disposal under section 32 of the Act, it is not open or possible to rely on the provisions of the Civil Procedure Code in regard to regulation of substantive rights.