Court : Jharkhand
Decided on : Aug-07-2017
..... fact that the parties in writing are calling it trust would not attract the offence of the criminal breach of trust.8. admittedly, after the partnership business between the petitioner and the opposite party no. 2 failed, a loan was taken from the opposite party no. 2 which with interest had ..... case as well as the arguments advanced by the learned counsel for the respective parties is that the entire dispute started after initiation of the partnership business between the petitioner and the opposite party no.2. agreements were executed between the petitioner and the opposite party no. 2 and certain ..... that the opposite party no. 2 is basically an unlicensed money lender. it has been stated that the entire dispute is with respect to the partnership business and since there is no element of criminal breach of trust present in the allegations levelled in the complaint and the dispute being predominantly civil ..... law and younger brother of the petitioner of wholesale medicine. it has been stated that the opposite party no. 2 had resigned from the said partnership firm and had settled his accounts as per the deed of dissolution. learned senior counsel has submitted that the petitioner had taken a loan in ..... virtue of the deed of dissolution, the opposite party no. 2 opted out from the said partnership business after settlement of his account. in order to come to a conclusion as to whether the act of the petitioner would invite an offence of criminal breach of trust, it would be necessary to .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-09-2017
..... dismissal of the petition. the right to use the word mark bansal . by the defendants presumably on the strength that all the partners of the partnership firm bansal polymers . are having the common surname bansal . has resulted in filing a suit by the plaintiff for infringement of its registered mark ..... the learned counsel has referred to the supplementary affidavit filed pursuant to order dated 11th july, 2016 and has referred to the deed of reconstitution partnership dated 17th april, 2013, search report on the mark bansal, petitioners brochures and the excise-cum-tax invoice of the petitioner. it is submitted ..... is entitled to carry on business in the assumed name. section 35 of the trade marks act has no application even to a partnership firm duly constituted in the event it is found that the partnership firm is not using the name of the partners in an unabbreviated manner and the manner ..... other jurisdictions also including england/u.k (provisions of the uk trade marks act, 1994 are analogous to the indian trade marks act, 1999) that the registration is no defence to a passing off action and nor the trade marks act, 1999 affords any bar to a passing off action. in such an ..... event, the rights conferred by the act under the provisions of section 28 have to be subject to the provisions of section 27(2) of the act .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-13-2017
..... carrier private limited so as to attract section 14(1) (b) of the delhi rent control act. in the result the appeal is allowed with costs. it can be seen that a partnership firm became a limited company but, on facts it was found that since there was substantial identity ..... ii) relatives within the meaning of section 6 of the companies act, 1956(1 of 1956); (iii) (a) [qualifying indian promoters]. and foreign collaborators who are shareholders; (b) [qualifying promoters].: provided that the transferor(s) as well as the transferee ..... . however the issue assumes significance when it involves interse transfers amongst promoter groups such as between a foreign collaborator and an indian promoter or between two groups of indian promoters. in such cases, there is bound to be perceptible change in control. the 9 committee noted that the arguments ..... of this court dealing with analogous situations in which a mere change in form from a partnership firm into a limited company would not necessarily lead to the conclusion that, under various state rent acts, a sub-tenancy had taken place. according to him, these judgments would apply on the ..... (e) inter se transfer of shares amongst- [(i) group coming within the definition of group as defined in the monopolies and restrictive trade practices act, 1969 (54 of 1969) where persons constituting such group have been shown as group in the last published annual report of the target company;]. ( .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-02-2017
..... justice y.k. sabharwal was the presiding judge. the substance of the offending publication was that justice sabharwal had by reason of the orders passed by the bench benefitted the partnership business of his sons in real estate development in and around delhi. the text and the context of the said publications was focused entirely on the question whether justice sabharwal ..... the story, benefitted the partnership business of justice sabharwal s sons. on 19th may, 2007 came a third story that quoted some senior lawyer s saying that if the facts about justice sabharwal s sons ..... three companies promoted by justice sabharwal s sons. a second story published on 18th may, 2007 in mid day pointed out that justice sabharwal s son had entered into a partnership with shopping malls and commercial complex developers just before justice sabharwal passed orders for sealing of commercial establishments running in residential areas in different parts of delhi. this, according to ..... have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the indian penal code (45 of 1860). 10. there is, from a plain reading of the above, nothing in the contempt of courts act, 1971 or in article 215 of the constitution which can be said to empower the high court to initiate .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-14-2017
..... would show either lack of goodwill in the domestic market or lack of knowledge and information of the product amongst a significant section of the indian population. while it may be correct that the population to whom such knowledge or information of the product should be available would be the ..... ) was limited and, therefore, it cannot be said that prior to april 2001 the plaintiff had established its goodwill and reputation in the indian market, which the defendants had taken advantage of. the division bench of the high court further held that the test of possibility/ likelihood of ..... if not in india, and that goodwill and reputation of the plaintiff so far as the mark prius is concerned having permeated to the indian jurisdiction, it was held that the plaintiff was entitled to an injunction against the defendants restraining them from passing off the said mark. punitive ..... for a clear exposition of the principles laying down the test for judging an action of passing off in the indian jurisdiction. the provisions in the indian trade marks act, 1999 incidentally are 7 14th edn., thomson, sweet & maxwell south asian edition analogous to those in the u.k. ..... an automobile manufacturer incorporated under the laws prevailing in japan. the first respondent is a partnership firm engaged in the manufacture of automobile spare parts of which the second and third respondents are partners. the partnership firm of the respondents was constituted in the year 2001. the fourth respondent is .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-22-2017
..... -fledged trial, has partly decreed the suit declaring that the deceased sundarabai, original plaintiff had 1/5th share in the assets and liabilities of the partnership firm and passed preliminary decree for taking accounts. but the declaration claimed by the plaintiff that appellant is not the adopted son of late govardhandas was ..... the factum of adoption and thereafter filed the present suit i.e. special civil suit no.395/1987 for dissolution and accounts of defendant no.5 partnership firm and also sought for a declaration that the appellant is not the adopted son of late govardhandas. during the pendency of the suit, sundarabai ..... partner. when the other partners failed to give her share in the business, she issued notice to all the partners to give accounts of 5th defendant partnership firm and also to pay the amount of her share.3. in the year 1984, wife and children of chunilal i.e. brother of govardhandas ..... used so long that the memory of man runneth not to the contrary" should not be strictly applied to indian condition. all that is necessary to prove is that the usage has been acted upon in practice for such a long period and with such invariability as to show that it has, by ..... the hindu system of law, clear proof of usage will outweigh the written text of law .13. as per the settled law under section 3(a) the act, the following ingredients are necessary for establishing a valid custom- a. continuity. b. certainty. c. long usage. d. and reasonability. as customs, when pleaded .....Tag this Judgment!
Court : Jharkhand
Decided on : Nov-18-2017
..... 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 .....Tag this Judgment!
Court : Chennai
Decided on : Jan-20-2017
..... have no legal sanction at all. however, certain 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 ..... with or without permission of the court. in respect of serious offences like murder, rape, dacoity, etc; or other offences of mental depravity under ipc or offences of moral turpitude under special statutes, like prevention of corruption actor the offences committed by public servants while working in that capacity, the settlement ..... sheet has been filed against the above accused persons for the alleged offences under sections 120-b r/w.420, 467, 468, r/w.468 ipc, in c.c.no.15945 of 2003. since the issues involved in both the crl.o.ps, are one and the same, these original petitions ..... parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. no doubt, crimes are acts which have harmful effect on the public and consist in wrong doing that seriously endangers and threatens wellbeing of society and it is not safe to ..... a criminal conspiracy to commit criminal misconduct and cheat the idbi bank. the said acts of the accused persons prima facie constitute the offence punishable under section 120(b), r/w.420, 467, 468 r/w.471 ipc. on source information, a case in rc ma1-1999-a0016 was registered by .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-28-2017
..... of the said company (accused no.3), k.g. pramila, another director of the company (accused no.4) and m/s sri sai developers, a partnership firm, (accused no.5) not shown to be represented by anybody. it was said to have been alleged in the complaint that, the accused no.1 company ..... it was alleged that the accused had committed offences punishable under sections 417, 418, 420, 422, 120(b) read with section 34 of the ipc. the petition in crl.p 7161/2016 is preferred by accused no.2 challenging the said second complaint. accused no.1 and accused no.3 have ..... complainant, namely, a civil suit for recovery of advance amount paid by the complainant and the criminal proceedings for an offence punishable under the negotiable instruments act, 1881. it is evident that a purely contractual relationship which may be subject matter of civil litigation is given a colour of a criminal case, ..... are said to have been dishonoured are subject matter of independent proceedings initiated by the complainant for offences punishable under section 138 of the negotiable instruments act, 1881. it is thus seen that the crux of the complaints, which are no different from each other is that the accused having already ..... harm. it was hence alleged that the accused had committed offences punishable under sections 403, 406, 420 and 506 of the indian penal code, 1860. (hereinafter referred to as the 'ipc', for brevity). this complaint is the subject matter of challenge by accused no.2 in the petition in crl.p.7976/2013 .....Tag this Judgment!
Court : Karnataka Kalaburagi
Decided on : Apr-12-2017
..... the claimants that the jurisdictional police have registered a case in crime no.93/2013 for the offences punishable under sections 279 and 304-a of indian penal code r/w section 187 of motor vehicles act. 5. it is the further case of the claimants that the deceased was being the only earning member in the family. in view of his ..... deceased was doing business of sales of dress material and exs.p22 and p23 documents produced clearly indicate that the firm was registered and the firm registration certificate and the partnership deed also clearly indicate that the deceased was doing business in mumbai and he should have earn at least rs. 30,000/- per month. the tribunal was not justified in .....Tag this Judgment!