whether disclaimer can be a ground to deny the relief of injunction and no issue arose regarding non-disclosure of disclaimer clause. Whereas ... regarding disclaimer in the new Act, Section 17 of the new Trade Marks Act introduces the concept equivalent to disclaimer clause dealing with the effect
Somya Gupta & Ors vs Guru Gobind Singh Indraprastha ... on 7 January, 2019
Author: C
further contended that
the plaintiff has not pleaded about the disclaimer clause, which
has been stated in the registration certificate of his own
trademark ... submitted copy of the registration certificate, which clearly
indicates the disclaimer clause, it was not necessary for the
plaintiff to plead such disclaimer clause
there is a conflict between Clause 4 of the NIT and Clause 3 of
the Terms and Conditions, the Disclaimer Clause read with the Preamble ... taken the stand that Clause 4 of the NIT is an
independent clause, which is not to be read with Clause 3 of the terms
Sanyal vociferously
submits that the Single Bench wrongly interpreted the disclaimer clause
appended to the said notification to have conferred a unbridle power upon ... from the disclaimer which is interpreted by the Court to have
conferred power upon the authorities in this regard. The disclaimer Clause
is quoted
permitted.
Technical and financial capacity is prescribed in clause
.
2.5.2. Sub clause (D) of Clause 2.5.3 provides for Trial of
Product as under ... Significantly, vide Clauses 2.13, 2.15 & 5 of
Part-E; the Disclaimer Clause, Part-A; NIT Clause, Part-B;
and Clause 4 of Part
Therefore, it is
that if a bill of lading contained a disclaimer clause, it will not
have effect in so far as the number ... weight,
contents and quality are concerned, the disclaimer clause will
certainly operate and in such a situation, it will be for the
shipper or consignor
such clarifications because it had
the effect of diluting the disclaimer clause which was added on behest of CBDT.
6. That the Ld.Commissioner ... 2008" duly forming part of approval whereas the disclaimer is Clause 3(XVII)
refers to "terms and conditions of lease agreement
seeks to omit the provision relating to the requirement of disclaimer. The disclaimer clause should be specifically retained in the new law in the form ... ingredients, will be able to produce anything. This the disclaimer clause which was there in the earlier Act is being removed. This will help only
each of the offer document approved by SEBI, there is disclaimer clause. The disclaimer clause reads as follows:
"The particulars contained in the offer ... following words.
"It has to be carefully noted that the disclaimer clause required to be incorporated at the beginning of offering circular by SEBI
