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1983 Supreme(Bom) 216

S.W.PURANIK
D. M. R. Textiles – Appellant
Versus
State Of Maharashtra And Another – Respondent


JUDGMENT - Puranik, S.W. J.:- By this criminal application under Section 482 of the Criminal Procedure Code, the original complainant seeks to invoke the inherent powers of this Court to set right the order issued by the trial Court on 6.8.1983 directing issue of a show cause notice to the accused in the said complaintnant case, calling upon him to show cause why search warrant should not be issued against him.

2. The applicant M/s. D.M.R. Textiles of P.N.Road, Tiruppur, are manufacturers of readymade garments, in particular the men's underwear known as 'banians'. The applicants are the lawful owners of the trade marks “RINGO” and “DMR”. The brand “DMR” is also registered along with the.design under the Copy Rights Act. The above trade marks are also registered under the Trade and Merchandise Marks Act, 1958, and the trade marks registration Nos. are 266940 and 334288.

3. According to the complainant, since long they have been manufacturing these banians with the respective trade mark and copy right and they have earned goodwill and valuable reputation in the market. It is the specific allegation of the complainant, present applicant, that the accused Paramanand Dhingra, a businessma














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