NCLT was empowered under Section 59
of the Companies Act for Rectification of Register i.e., issues relating
proceedings for register in relation to the register in relation to the
rectification of the plaintiff's or defendant's plaintiff ... KAMLESH KUMAR
Signing Date:17.05.2024
18:39:08
High Court for register. register.
rectification of the
register. (2) If the party concerned
enable the
defendant to apply to the High Court for rectification of the Register of
the Trade Mark.
4. This application has been rejected ... register of
any entry, or by any entry made in the register without sufficient cause,
or by any entry wrongly remaining on the register
been filed for a direction to the first
respondent to register the rectification deed, which was presented for
registration by the petitioner in favour ... first respondent. However, the
second respondent raised some objections to register the rectification
deed between the petitioner and third party on the ground that
Company Petition No. 667/59 & 241/HDB/2018, seeking rectification of the
Register of Members of M/s. Lexus Technologies Pvt. Ltd., Vijayawada,
Signature ... rectification or is of such a nature that
unless decided first it would not come within the purview of
rectification. The word “rectification” itself connotes
aggrieved person' can file for
cancellation or rectification, which provides for a cause of action, and
therefore, tying into the cause of action principle ... Register of Trade Marks is no longer a physical register. It is a
computerized register and can exist anywhere. It is also accessible from
Court held that the
jurisdiction exercised by the Court for rectification of the register of
members is essentially limited. The comparative analysis assumes
importance ... jurisdiction of a Tribunal with respect to the
rectification of the register is well recognised and consistently
followed. Sub-section (3) of Section 59 recognises
Companies Act ,
registration and appeal 1956
against refusal
Section 111(A) Rectification of register on Companies Act ,
transfer 1956
Section 26 When instrument ... referred to as the Act of 1956) vis-à-vis
rectification of share register of appellant no. 1-Company, seeking
removal of the names
Court trying the infringement suit shall if any
proceedings for rectification of the register in relation to the
applicants/plaintiffs or respondents'/defendants ... concerned, shall be determined only on
an application for the rectification of the register and, notwithstanding
anything contained in Section 47 or Section 57 , such
rectification of the register in relation to the
respondent's trademark are pending before the Registrar
or the Appellate Board. Hence, the finding ... court), shall,-
(i) if any proceedings for rectification of the
register in relation to the plaintiff's or defendant's
trade mark