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The writ petition has only added substance to the requirement of an in-depth investigation. The Court is therefore in requirement of a verifiable independent expert opinion on the results of the investigation collected so far.
Day: November 16, 2019
Second FIR – filing another FIR in respect of the same incident having a different version of events is permissible. (Vide: Ram Lal Narang v. State (Delhi Admn.), AIR 1979 SC 1791; Sudhir and Ors., v. State of M.P. AIR 2001 SC 826; T.T. Antony v. State of Kerala and Ors., AIR 2001 SC 2637; Upkar Singh v. Ved Prakash and Ors., AIR 2004 SC 4320; and Babubhai v. State of Gujarat and Ors., (2010) 12 SCC 254).
It will be seen that the Code, as such does not use the expression ‘charge-sheet’ or ‘final report’. But is understood in the Police Manual containing Rules and Regulations, that a report by the police, filed under Section 170 of the Code, is referred to as a ‘charge-sheet’. But in respect of the reports sent under Section 169 i. e., when there is no sufficient evidence to justify the forwarding of the accused to a Magistrate, it is termed variously, in different States, as either ‘referred charge’, ‘final report’, or ‘Summary’.
Dissimilarity in essential features in devices and composite marks more important than some similarity
In trade mark matters, it is now necessary to go into the question of ‘comparable strength’ of the cases of either party, apart from balance of convenience
Trade and Merchandise Marks Act, 1958 : The onus to prove ‘deception’ is on the part of the plaintiff who alleges infringement. A mark is said to be infringed by another trader if, even without using the whole of it, the latter uses one or more of its “essential features.” The identification of an essential feature depends partly on the Courts own judgment and partly on the burden of the evidence that is placed before it.
Civil Procedure Code, 1908—Order 39, Rules 1 and 2—Temporary injunction—Ingredients—Prima facie case, balance of convenience and irreparable injury—Finding on prima facie case would be a finding of fact.
Punjab Civil Services (Executive Branch) Rules, 1976 Rules 18, 21 and 20-A Court while exercising its judicial function would ordinarily not pass an order which would make one of the parties to the lis violate a lawful order passed by another Court
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