Back
SANDEEP N. BHATT
Mayur Kanaiyalal Shah – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Rule returnable forthwith. Learned APP waives service of notice of Rule on behalf of respondent –States. Heard Mr. Sachin D. Vasavada, learned counsel for the petitioner, and Mr. Chintan Dave, learned Additional Public Prosecutor for respondent Nos.1 – State Though served none appears for respondent Nos.2 & 3.
2. The present petition is filed for seeking following main prayers:-
B. Your Lordships may be pleased to quash and set aside the FIR registered as Crime Register No. 25/2014 at Annexure C and the criminal case.
C. Pending admission and final hearing of the present petition, Your Lordships may be pleased to stay the pending criminal proceedings and further be pleased to stay the FIR registered as Crime Register No. 25/2014 dated 11/07/2014 and further proceedings on the basis of the said FIR
D. Your Lordships may be pleased to grant ad interim relief. as prayed for, in terms of para 29 (C) during the pendency and final disposal of the present application.
E. Your Lordships may be pleased to grant any other and further relief/s as may be deemed just and proper in the interest of justice and fitne
No prima facie case exists for copyright infringement in the sale of duplicate spare parts; FIR is quashed as an abuse of the court's process.
Successive acts of copyright infringement provide fresh cause of action; courts exercise quashing powers sparingly, primarily focusing on whether the allegations constitute a cognizable offense.
Offence under Section 63 of Copyright Act is a cognizable and non-bailable offence.
An intermediary, such as the petitioner, is entitled to claim protection under Section 79 of the I.T. Act when compliance with the 'due diligence' requirement under Rule 3 of the I.T. Guidelines is e....
A second FIR cannot be filed for the same offences due to the principles set forth in Section 162, CrPC, and the distinction between civil and criminal disputes is paramount in determining maintainab....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
