Trade and Merchandise Marks Act, 1958, Section 107, 111, 46, 56 -- Suit for infringement of trade mark - Issue as to invalidity of Trade Mark - When issue of invalidity is raised in suit, Jurisdiction of rectification conferred by Ss.46, 56 of the Act is the very same jurisdiction that is to be exercised u/ss 107, 111 of the Act, but by observance of two different..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Demand and acceptance - Accused being I.O. in the case filed against complainant, demanded bribe of Rs.5000 from complainant for initiating action/kalandra against his neighbours - However, said neighbours already arrested and released on bail without making any demand of bribe - Panch..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Property dispute between parties - Incident occurred while making an effort to mark the land or to say have possession over land - Accused caused fatal injury to deceased - Weapon of offence is nothing but a lathi and accused was not carrying any other lethal weapon with him - No evidence on record that..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, 19(2), 20A -- Adulteration in oil - Liability of manufacturer - Neither petitioner at any stage produced any bill nor any warranty indicating that he has purchased the mustard oil with warranty - Moreover, if prosecution witness states that bottles purchased from accused from his shop were in sealed condition and..........
Succession Act, 1925, Section 63 -- Will - Will is to be attested by two or more witnesses, each of whom has seen testator's sign and affix his mark - Each of witnesses shall sign Will in presence of testator - It shall not be necessary that one more witness be present at same time...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Election petition - As per averments Returned candidate (RC) does not have requisite minimum educational qualification of class VIII to contest election for post of Sarpanch - Mark sheet relied upon by RC is evidently forged and fabricated - Moreover, it does not indicate period during which RC studied..........
Constitution of India, 1950, Article 226 -- Death in custody - Allegation of torture by jail/police officials - As per evidence on record, not only Judicial Magistrate but Board of Doctors stated that there was no mark of torture on body of deceased - Hence, allegation of torture by jail/police officials cannot be sustained...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 105 kg ganja - Recovery effected at the instances of A1 and A2 - A3 who was the mastermind in supplying the contraband could not be arrested at the spot or soon thereafter - He surrendered in the Court but nothing incriminating was recovered from his possession or at his instance - A3's..........
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Withdrawal from prosecution - Cheating - Forgery - Tampering of mark sheet - Alleged forged mark sheet not recovered by prosecution - Even respondent no.2 in whose favour alleged mark sheet is forged had not taken any..........
Civil Procedure Code, 1908, Order 39, Rule 1, Trade Marks Act, 1999, Section 29 -- Infringement of Trade Mark - Injunction - Passing off - Evidence led by plaintiffs witnesses duly proved contents of plaint and case set forth by plaintiffs - Even, despite sending letters defendant No.1 failed to appear in the case and rather went on infringing plaintiffs trade mark -..........
