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Judgment Search Results Home > Cases Phrase: indian partnership act Court: jharkhand Page 6 of about 62 results (0.020 seconds)

Jan 05 2015 (HC)

Vinod Kumar Choudhary and Anr Vs. The State of Jharkhand and Anr

Court : Jharkhand

..... from the manufacturer. she has also stated that the trade mark idea has been registered in different classes by a number of individual proprietorship concern, partnership concern, private limited companies and other manufacturers who manufacture several kinds of goods / commodities and which has no concern with each other and have ..... since it has been held that no criminal prosecution can be allowed to be continued for the offences under the trade marks act, the continuation of the proceedings under the indian penal code also becomes a nullity. moreover, the essence of 'cheating' having not been made out in the facts and ..... is a direct infringment on the trade mark of the idea cellular company and therefore the provisions of the trade marks act as well as section 420/34 of the indian penal code are applicable in the case of the petitioners. after having heard the learned counsel for the petitioners and ..... the registrar, but in the present case, there is nothing on the record to suggest that the opinion as required under the act was obtained from the registrar before the search and seizure of the premises were made by the inspector of police and in such circumstances, the ..... to register their goods or commodities under the same brand name. she has further drawn my attention to section 115 of the trade marks act, 1999 which envisages that no police officer below the rank of deputy superintendent police or equivalent shall conduct any search before obtaining the opinion of .....

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Apr 21 2015 (HC)

Jharkhand Urja Vikas Nigam Ltd Through Its Law officer a K Srivastava ...

Court : Jharkhand

..... , son of late r.k. lal, resident of gas godown road, p.o. namkum, p.s. namkum, district ranchi ... petitioner versus 1. m/s sheo shakti cement industries, a partnership firm having its unit at demtand, p.o. morangi, p.s. mufassil, district hazaribagh through one of its partners sri raj kumar singhania, son of late kishan lal singhania, resident ..... was handed over to him. a first information report being hazaribagh (sadar) muffasil p.s. case no. 155 of 2008 for offences under section 379 ipc and under sections 126/135/138 of the electricity act was registered on 15.02.2008. the assessing authority served a provisional bill of rs. 58,63,392/ to the respondent no. 1, to which ..... authority, regulatory commissions and for establishment of appellate tribunal and various other matters connected therewith or incidental thereto, there are several special features of the act which make the electricity act, 2003 a very special act. the act itself provides for functions, duties and rights of the licensee or generating company as well as the consumers. section 43 castes a duty on ..... of boddom bazar, p.o. & p.s. hazaribagh, district hazaribagh 2. the senior electrical inspector (appellate authority) u/s 127 of the electricity act, electrical inspectorate near nepal house, doranda, po + ps doranda, district ranchi 3. the electrical superintending engineer, electric supply circle, hazaribagh ... respondents coram: hon'ble mr. justice shree chandrashekhar for .....

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Jul 14 2015 (HC)

Khagen Chandra Mahto and Ors Vs. The State of Jharkhand and Anr

Court : Jharkhand

..... scc303 the hon ble supreme court has widened the scope and held that the offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to the victim and the ..... court had allowed the parties to compound the offences. it is true that the provision of schedule caste and schedule tribes (prevention of atrocities) act is not compoundable but as it is dependent on other provisions of indian penal code, same can also be compounded in view of the ratio decided in gian singh vs. state of punjab (supra). the respondent no ..... case was committed to the court of additional sessions judge- i, seriakella as the cognizance was also taken under the provisions of schedule caste and schedule tribe (prevention of atrocities) act. in the said court, as it appears from the annexure-4 enclosed with this writ application, a petition was filed by the informant-respondent no.2 stating therein that she ..... . 484 of 2010 instituted under section 498-a, 406, 420 and 494/34 of i.p.c. and also under section 3(x) of the sc & st (prevention of atrocities) act and the subsequent order taking cognizance vide order dated 26.03.2014 can be allowed to be compounded? 2. the details of the facts is not required to be reproduced .....

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Jun 18 2015 (HC)

Swati Enterprises Through Its Partner Smt Neera Bathwal Vs. State of J ...

Court : Jharkhand

..... for manufacturing of crimping of fuse heads on pvc coated wires (a component of electric detonator). the said product manufactured by the petitioner is used by indian explosives limited, gomia for manufacturing of electric detonators which are being used by the mining companies, quarries, oil fields and also for other purposes. the ..... a fair and just opportunity of putting forth its objections for due consideration of the acquiring authority. while applying the urgency clause, the state should indeed act with due care and responsibility. invoking urgency clause cannot be a substitute or support for the laxity, lethargy or lack of care on the part of ..... his right in relation to immovable property to file objections for the proposed acquisition and it also dispenses with the inquiry under section 5-a the act. the authority must have subjective satisfaction of the need for invoking urgency clause under section 17 keeping in mind the nature of the public purpose ..... : section 17 confers extraordinary powers on the authorities under which it can dispense with the normal procedure laid down under section 5-a of the act in exceptional case of urgency. such powers cannot be lightly resorted to except in case of real urgency enabling the government to take immediate possession ..... in the high court of jharkhand at ranchi civil review no.95 of 2012 swati enterprises, a partnership firm having its office and factory at village garke, p.s. namkum, p.o. rajaulatu, district-ranchi through its partner smt. .....

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Mar 18 2016 (HC)

Goyal Salt Pvt Limited Through Its Director Sri Parmesh Goyal Vs. The ...

Court : Jharkhand

..... confusion in the mind of the public. it has been stated that the trade mark idea has been registered in a different classes by a number of individual proprietorship concern, partnership concern, private limited companies and other manufacturers who manufacture several kinds of goods/commodities and which has no concern with each other and have been permitted to register their good ..... . it has also been submitted that since no ingredients of cheating has been made out in terms of the allegations and since the offences with respect to trade marks act as well as indian penal code are interlinked and interwoven the first information report instituted against the petitioner deserves to be quashed. in this context, learned counsel has also referred to the ..... interlined with each other and since it has been held that no criminal prosecution can be allowed to be continued for the offences under the trade marks act, the continuation of the proceedings under the indian penal code also becomes a nullity. moreover, the essence of cheating having not been made out in the facts and circumstances of the case, the petitioner ..... of idea salt was recovered which is a direct infringement on the trade mark of idea cellular company and, therefore, the provisions of the trade marks act as well as section 420/34 of the indian penal code having been attracted, the present application is liable to be dismissed. the arguments which have been advanced by the learned counsel for the parties .....

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Feb 23 2015 (HC)

Laxman Jha Vs. State of Jharkhand

Court : Jharkhand

..... been made in a mandatory form. in the case of a firm, obviously the partners of the firm have ultimate control over the affairs of the partnership. in case of other type of association, the members thereof will have such control. in the case of a company, the directors have the ultimate ..... dated 05.11.2004 submitted that the petitioner was functionally designated as the director (technical) operations with effect from 05.11.2004. in the case of indian oil corpn. ltd. v. chief inspector of factories reported in (1998) 5 scc738(supra), it has been held by the hon'ble supreme court that ..... accident as such the petitioner cannot be prosecuted for any offence under the provisions of section 92 of the factories act. in this context, he has referred to the judgment in the case of indian oil corpn. ltd. v. chief inspector of factories reported in (1998) 5 scc738 7. the learned counsel for ..... was admittedly not the occupier and in such circumstances, the petitioner cannot be prosecuted for any criminal offence instituted under section 92 of the factories act. the office order dated 05..11.2004 is being relied upon by the court whose veracity and impeccability cannot be doubted as also because of ..... order dated 05.02.2005, the learned chief judicial magistrate, dhanbad was pleased to take cognizance for the offence punishable under section 92 of the factories act, 1948.5. it has been submitted by the learned counsel for the petitioner that admittedly the accident took place on 03.11.2004 and the .....

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Nov 18 2017 (HC)

Birendra Kumar Alias Virender Kumar Vs. The Central Bureau of Investig ...

Court : Jharkhand

..... 2011 with total loan amount amounting to rs. 2.59 crores plus accrued interest calculated till july, 2013. investigation revealed that m/s balaji food & masala co a notarized partnership firm of vivek pratap singh and birendra kumar was sanctioned cash credit of rs. 42 lakh, cash credit of rs. 20 lakh and term loan of rs. 13 lakh ..... said amount by cheque. investigation further revealed that the excess amount of rs. 1.5 lac which was returned to m/s balaji food & masala co by m/s dynamic indian packaging was deposited into the parallel account of m/s balaji food & masala co. (a/c no. 0193 n711080 060) maintained at indusind bank, hazaribagh and was being ..... charge sheet under sections 120b, 420, 467, 468, 471 of the i.p.c and under section 13(2) r/w section 13(1)(d) of the p.c act and cognizance has been taken under the same sections, trial will take some time. so, considering all these facts, the petitioner deserves privilege of anticipatory bail.7. on the ..... the accounts of the company having been declared n.p.a and having been transferred to samb, patna for hard recovery samb, patna proceeded further under the sarfaesi act, 2002 as under: balaji food & masala company present outstanding rs. 2.59 crores. 2 notice u/s 13(2) of the sarfaesi ..... act, 2002 was issued on 27.12.2011 and possession notice under section 13(4) was issued on 09.08.2012 and the sdame was challenged by the .....

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Dec 19 2017 (HC)

Ganeshwar Singh Vs. State of Jharkhand Through Central Bureau of Inves ...

Court : Jharkhand

..... same time, but may be reached by successive actions evidencing their joining of the conspiracy.9. it has been said that a criminal conspiracy is a partnership in crime, and that there is in each conspiracy a joint or mutual agency for the prosecution of a common plan. thus, if two or ..... non complicity of the petitioner as angle of the conspiracy which has been alleged against the petitioner constituting an offence under section 120-b of the indian penal code has to be considered only at the appropriate stage. the main crux of argument of learned counsel for the petitioner seems to be ..... , c.b.i. ranchi, by which cognizance has been taken for the office punishable under sections 120b, 420, 467, 468 and 471 of the indian penal code. it has been submitted by the learned counsel for the petitioner that the prosecution has not assigned any role whatsoever in the criminal conspiracy so ..... or by deed. however, criminal responsibility for a conspiracy requires more than a merely passive attitude towards an existing conspiracy. one who commits an overt act with knowledge of the conspiracy is guilty. and one who tacitly consents to the object of a conspiracy and goes along with other conspirators, actually ..... of the principles.1. under section 120-a ipc offence of criminal conspiracy is committed when two or more persons agree to do or cause to be done an illegal act or legal act by illegal means. when it is a legal act by illegal means overt act is necessary. offence of criminal conspiracy is an .....

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Feb 14 2014 (HC)

Pushpa Singh and Others Vs. State of Jharkhand Through Cbi and Another

Court : Jharkhand

..... having overwhelmingly and predominatingly civil flavor stand on a different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and ..... of the first information report of r.c. case no. 6(s)/2010a. h.d.r, registered under section 120b read with sections 420, 467, 468, 471 of the indian penal code, against the petitioners. subsequently, on submission of the charge sheet, when cognizance of the offences, as aforesaid, was taken against the petitioners vide order dated 01/02/2011 ..... and have a serious impact on society. similarly, any compromise between the victim and the offender in relation to the offences under special statutes like the prevention of corruption act or the offences committed by public servants while working in that capacity, etc.; cannot provide for any basis for quashing criminal proceedings involving such offences. but the criminal cases ..... borrower is forged. non only that, the rent receipts and mutation certificate submitted by the borrower were also found to be forged and fabricated. in spite of all these acts being done crijminal proceeding is being sought to be quashed as the entire outstanding dues have been deposited and, thereby, according to the learned counsel appearing for the petitioners .....

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Nov 28 2014 (HC)

Hindustan Copper Limited Through Its General Manager Mines Sri Deb Kum ...

Court : Jharkhand

..... in interest of the petitioner was granted a mining lease at mosabani on 16.6.1939. under section 3(1) of the indian copper corporation (taking over of management) act, 1972, the management and undertaking of the indian copper corporation limited was taken over and stood transferred to and vested in the 3 central government with effect from 21.09.1972. ..... matter referring to violation to its board of directors or the managing committee/ceo of the society, trust, partnership/individually owned concern and a written commitment in a form of formal resolution to ensure that the violation of the environment (protection) act will not be repeated . another office memorandum was issued by the ministry of environment and forest on 12 ..... testimonial compulsion in the court room but may well extend to compelled testimony previously obtained from him................ 20. though prosecution for contravention of the provisions of the environment (protection) act, 1986 or the rules made thereunder has yet not been initiated, the effect of the direction to the board of director/managing director of the company, to submit an ..... the ministry. i find that the condition stipulated under para 5 (ii) violates the basic principle of rule of law. there is no procedure under the environment (protection act), 1986 or the rules made thereunder which stipulates that the proposal for environment clearance would be considered only after the state government provides evidence of the credible action taken against .....

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