Evidence Act, 1872, Section 142 -- Examinatio, i, chief - Leading questions - Held, special public prosecutor should not have been permitted to ask leading questions in examinatio, i, chief - Asking of such leading question is not only against the tenor of S.142 of the Evidence Act, but also violates right to a fair trial when such questions are permitted to be asked in..........
Trade Marks Act, 1999, Section 142 -- Infringement of Trade Mark - Territorial Jurisdiction - Held, an advertisement by itself in a Trade Mark Journal would not confer jurisdiction on a Court within whose territorial limit advertisement is published or is seen - If an application for registration of impugned trade mark is made in the territorial jurisdiction of a Court..........
Trade Marks Act, 1999, Section 142 -- Infringement of trade mark - Passing off action - Meaning thereof - Held, in a passing off action, right of plaintiff is against conduct of defendant which leads to or is intended or calculated to lead to deception - Passing-off is said to be a species of unfair trade competition or of actionable unfair trading by which one person,..........
Trade Marks Act, 1999, Section 142, Specific Relief Act, 1963, Section 38 -- Infringement of trade mark - Suit for injunction - Held, injunction can be sought not only in a case of actual use but also in a case of threatened use of a trademark - Owner of a trademark is well within his right in coming to Court, for grant of an injunction, the moment he has a genuine..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200, 204 -- Dishonour of cheque - Duty of Magistrate - Held, it is mandatory duty of Magistrate to examine complainant on oath and his witnesses, if any present, at the time of taking cognizance and issuing process to accused, even in cases relating to commission of offence u/s 138..........
Constitution of India, 1950, Article 142, 32 -- Directions issued in exercise of power u/Art. 142 and 32 - Whether amounts to judicial legislation? - Held, directions are valid and laudable, as they were made to fill the vacuum in absence of any legislation, to ensure that only genuine scheduled caste and scheduled tribe candidates secured benefits of reservation and bogus..........
Negotiable Instruments Act, 1881, Section 138(c), 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Barred by limitation - Quashing of - Cheque in question was signed by petitioner on 10.03.2007 - Presented before Bank by respondent No.1 on 31.08.2007 for clearance - Cheque was returned on 15.09.2007 on the ground of insufficiency of fund..........
Prevention of Corruption Act, 1988, Section 7, 13, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 142 -- Reduction in sentence - High Court, in exercise of its jurisdiction, u/s 482 Cr.P.C. and Supreme Court, under Article 142 of the Constitution, would not ordinarily direct quashing of a case involving crime against society particularly,..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Cheque was presented by petitioner/complainant's Bank to the Drawee Bank at New Delhi through clearing house of Reserve Bank of India and cheque was dishonoured at New Delhi by Drawee Bank and thereafter cheque was returned as unpaid by Drawee Bank to..........
Constitution of India, 1950, Article 142 -- Exercise of powers under Art.142 - Petitioners did not possess one of prescribed qualification - Single judge issued direction to relaxed qualification - Petitioners appointed on that basis - Division bench reversed judgment of single judge - Petitioners approached Supreme Court - Contention that since petitioners have completed..........
