fall within agricultural machinery on the test of primary and predominant use. Tractors in our country have at the present stage of development a large ... scale use in agriculture. Similarly water pumping sets have also a predominant use in agricultural production. We think that all these commodities which have known
carved out, subject to the
condition that the building is predominantly used for
residential purpose with kitchen and the professional is
actually residing there. However ... erroneous considering the fact
that the premises in question is being predominantly used for
Page 3 of 31
Uploaded by SINDHU NAIR(HC01395
Maharashtra High Court held that the principal and primary use of a tractor was not for agriculture and therefore a tractor could not be called ... generally used as an agricultural implement. The question whether it is predominantly used as such an instrument to our mind appears to be an irrelevant
vehicles are
not adapted for use on the road. Alternatively,
their contention is that such vehicles are adapted for
use only in factory premises ... case of the respondents that mere fact that these
vehicles are predominantly used in factory premises
or at mining sites or such other enclosed premises
from using a pat t of the premises for the residential purposes. No doubt it has been stated therein that he would not use ... terms has been put to residential use and, therefore, it is predominant use for residence. We do not think that so far as the present
civil structure or any other original
work meant predominantly for use other than
for commerce, industry or any other business
or profession;
(b) a structure ... meant predominantly for use,
as -
[i] an educational establishment;
[ii] a clinical establishment; or
[iii] an art or cultural establishment;
(c) a residential complex predominantly
registered trademark of the petitioner (plaintiff), whereas the defendant is using predominantly word RANGILI for sale of same product viz. Essence stick. The present appellants ... therefore, predominant part or essential feature of the label or predominant part of the trade mark with practically no change has been used
only use. If the product in question is used as bandage for the purpose of covering wounds or cuts its principal use being that ... popular or common parlance and the test of primary or predominant use we can usefully refer to the entry of "drug and medicine
comparison and determination of the ingredients of the product, but the predominant use to which it is put by the consumers. He further submitted that ... this term in the popular parlance would be flowing from its predominant use. We, therefore, hold that in interpreting the term "soap
feed. As pointed out above, it consists of terramycin and its recommended use is medication for the purpose of treating or prevention bacterial diseases ... gives in increasing production of eggs cannot be regarded as its predominant use. Nutrition is not the predominant purpose for which that formula is used
