Electricity Act, 2003, Section 135 -- Illegal abstraction of energy - Conviction - Validity - All witnesses stated that appellant was user of premises - No material on record to prove either in form of documentary evidence or from owner of premises who stated that he had sub-let premises to appellant or by examining any independent person of locality who states that..........
Electricity Act, 2003, Section 135 -- Electricity - Theft - Seals of meter body were not at place where they were supposed to be, but they were lying down - As per laboratory report, it was found that the seals were broken on account of rusting and there was no tampering in the seal nor any mark on the female part of the seal found - Merely because reverse lock was not in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade Marks Act, 1999, Section 135 -- Passing off action - Interim injunction - Both articles give the impression as to deceptive or near similarities - It is a clear case of misrepresentation and deception amounting to an act of passing off - No explanation on the part of defendant for adoption of such identical colour..........
Criminal Procedure Code, 1973, Section 482, Customs Act, 1962, Section 135(1)(b) -- Closure of evidence - Legality - Sufficient number of opportunities had been given by Court to produce evidence - Petitioner did not complete its evidence despite final opportunity having been given - Held, evidence of petitioner had rightly been closed - Moreover, order of closure of..........
Trade Marks Act, 1999, Section 135 -- Infringement of trade mark - Suit for injunction - Continuing cause of action - Held, infringement of a registered trade mark gives rise to a continuing cause of action so long as alleged infringement persists - Since this is not the case of defendants that use of impugned packaging has been discontinued by them, it cannot be said..........
Electricity Act, 2003, Section 135, 138 -- Theft of electricity - Proof - Meter and super transformer was in the name of a partnership firm, wherein accused was only one of the partners among six partners - Only respondent has been made accused - Held, it was primary duty of appellant to establish the fact that only respondent was responsible for commission of offence -..........
Criminal Procedure Code, 1973, Section 482, Customs Act, 1962, Section 110, 111, 135, Indian Penal Code, 1860, Section 379 -- Quashing of complaint - 79 gold biscuits of foreign markings were recovered from the possession of petitioner - Held, mere possession or dealing with such gold, in any manner, is an offence punishable under the Act - Whether the gold biscuits were..........
Criminal Procedure Code, 1973, Section 482, Customs Act, 1962, Section 110, 111, 135 -- Complaint - Quashing of - Scope and jurisdiction of High Court - Held, scope and jurisdiction of this Court for quashing a complaint at the initial stage of the trial under section 482 Cr.P.C. are not res integra - It is well settled proposition of law that in case, on the bare reading,..........
Electricity Act, 2003, Section 135,2(15) -- Theft of electricity by Tenant - Liability of owner - Contention of owner that he was not consumer/user of premises and thus not liable - Held, as per S.2(15) r/w S.135 of the Act both user and owner of premises fall under definition of consumer - Hence, appellant/owner of premises liable to be punished for illegal abstraction..........
Electricity Act, 2003, Section 135 -- Theft of electricity - Conviction - Quantum of sentence - Appellant repeatedly indulging in theft of electricity either as user or taking plea of owner and abetting running of industrial units where electricity used as essential ingredients - Appellant liable to undergo sentence and pay fine as stated...........
