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SURAJ GOVINDARAJ
MANJUNATHA M. S. S/O LATE SATYANARAYANA SHETTY – Appellant
Versus
STATE BY ARISIKERE TOWN POLICE – Respondent
ORDER :
1. The petitioner is before this Court seeking the following reliefs:
2. The petitioner claims to be in the business of the sale of gram flour under the name and style of “MRS Ganapathi” brand. Respondent No. 2 lodged a complaint on 04.10.2013 with respondent No. 1-Police for the offences punishable under Section 63 of the Copyright Act, 1967 and Sections 482, 483 and 420 of Indian Penal Code, 1860 (hereinafter referred to as IPC for short) which came to be registered as Crime No. 297/2013 by Arasikere Town Police Station.
3. In pursuance of the said registration of the FIR, a search of the premises of the petitioner was conducted. The Police seized certain bags of gram flour and other items. Investigation wa
The court established that non-compliance with the Registrar's opinion requirement under the Trade Marks Act is an irregularity that does not invalidate the investigation or proceedings.
Where custodial interrogation of accused is necessary, no relief of anticipatory bail can be granted.
Where any offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the b....
The judgment emphasizes the importance of fair investigation and the potential abuse of the legal process in trademark disputes, particularly when civil remedies are available.
The main legal point established in the judgment is that the search and seizure procedure under the Trade Marks Act must be carried out by a police officer not below the rank of Deputy Superintendent....
The offences under section 63 of the Copyright Act and section 103 of the Trade Marks Act are non-bailable. The provisions of section 115(4) of the Trade Marks Act regarding obtaining the opinion of ....
Point of law : Whenever a Magistrate decides to refer a complaint to investigation by police under Section 156(3) Cr.P.C., he does not take cognizance, he awaits the filing of charge sheet and takes ....
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