//
archives

satish kumar

This tag is associated with 5 posts

Sections 366, 376, 363, 506 and 342 of the Indian Penal Code (for short the IPC) whether the High Court erred in not taking into account the statement and testimony of H.L. that the respondent had raped her on several occasions and thereby acquitting him. In our opinion, the High Court committed an error of law in not considering the evidence put forward by the prosecutrix (who was less than 16 years when she was raped) and ignoring the settled position in law that if the sole testimony of the prosecutrix is credible, a conviction can Crl. Appeal No.352 of 2006 be based thereon without the need for any further corroboration. A reading of the judgment and order of the High Court indicates that it has not discussed the statement of H.L. under Section 164 of the Cr.P.C. before the Magistrate nor her testimony before the Trial Judge. On going through her statement recorded by the Magistrate, we find that it is rather detailed and the least that was expected of the High Court was to consider that statement. If it was found to be not credible, the High Court was entitled to reject it and also her testimony before the Trial Judge. But, to Crl. Appeal No.352 of 2006 completely ignore what the prosecutrix had said, merely on the basis of a handful of letters which she had written (even though she had explained the circumstances in which she had written those letters) is a rather unsatisfactory way of dealing with the entire case. 31. Normally, we would have gone through the entire evidence on record and decided whether the acquittal of Basti Ram should be sustained or not. However, in the absence of any discussion or analysis of the evidence by the High Court in first appeal, we are of the opinion that a right of appeal available to Basti Ram would be taken away if we were to consider the case on its merits without the opinion of the High Court. Additionally, for a proper appreciation of the case, it is necessary for us to have the views of the High Court on record. This is important since the High Court has reversed a finding of conviction given by the Trial Judge. 32. Under the circumstances, the more appropriate course of action would be to set aside the impugned Crl. Appeal No.352 of 2006 judgment and order passed by the High Court and remand the matter for reconsideration on merits after taking into account the entire evidence on record, including the statement and testimony of H.L. as well as the law on the subject. We do so accordingly. 33. Since the allegation of rape is of the year 1989- 1990, we request the High Court to accord high priority to the disposal of the case. 34. Appeal is disposed of.

Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 352 OF 2006 State of Haryana …..Appellant Versus Basti Ram …..Respondent J U D G M E N T Madan B. Lokur, J. 1. The question for our consideration is whether the High Court erred in not taking into account the … Continue reading

National consumer disputes redressal coammission =contract of insurance is a contract of indemnity and as such the question of commercial purpose in obtaining insurance coverage arise.fire accident claim of damage.

  NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION   NEW DELHI                                                   REVISION PETITION NO. 4506 OF  2010 (From the order dated 09.09.2010 in Appeal No.239/08 of Jharkhand State Consumer Disputes Redressal Commission, Ranchi)     Ashish Vishwakarma of M/s. Ashish Constructions Ranchi Patna Road P.O. Barhi District Hazaribagh                                       …      Petitioner         Vs   1. Branch Manager     National Insurance Co. Ltd.     Ranchi-Patna Road     Post & District Hazaribagh   2. Branch Manager … Continue reading

The respondent has obtained registration of the impugned trade mark KYK which is an identical and deceptively similar trade mark to that of the applicant’s well known and reputed trade mark KYK. The respondents have filed a suit against the applicant for injunction restraining the applicants from infringing the respondent’s registered trade mark. The registration of the impugned trade mark are being obtained by playing fraud upon the Registrar of Trade Marks. The respondents claim use since 10.10.1996 in respect of parts and fittings in Class 12 and as regards goods in respect of bearings, filters, gear and gear parts falling in Class 7 since 10.4.2000. It is however submitted that the applicants trade mark was bonafidely adopted by the applicant as back as in year 1952. The adoption of the impugned trade mark by the respondents is absolutely dishonest, malafide and in bad faith and is in contravention of the provisions of the Act. Any use by the respondent therefore is void ab initio and no use in the eyes of law. = The two original rectification applications have been filed by the applicants being aggrieved by the Civil Suit filed by the respondents before the Hon’ble High Court of Delhi. The applicants have the locus to file and maintain the application for rectification. The marks are identical and are used in respect of identical goods. By the impugned registration, the applicant is likely to be injured or damaged in some way or the other. 26. The other issue is regarding the proprietorship of the trade mark “KYK”. The respondents have not placed before us any record or documents to say that V.K. Automobiles is also the proprietor of the trade mark. The Civil Suit has been filed by V.K. Automobiles and M/s. KYK International. The first application under No.949032 filed on 21.8.2000 has been filed by KYK Bearing International. On 25.8.2000, KYK Bearing International has assigned the trade mark in favour of V.K. Automobiles. If that is the case then how is it the application under No.1291522 on 21.6.2004 has been filed by KYK International. There is nothing on record to say if there had been any partial assignment. That apart the respondents claims user since 1996 as regards Class 12 application and 2000 as regards Class 7 application. When the mark was assigned to V.K. Automobiles in the year 2000 then the 1st bill dated 1999 in the name of V.K. Automobiles cannot be taken note of for deciding this case as it is not clear as to the proprietor. The respondent thus cannot be the proprietor of the trade mark and the registration is therefore in contravention of Section 18 of the Act. 27. The other issue is regarding the user claimed by the respondents in their application for registration. The respondents claim user since 1996 and 2000 in their application. There is no evidence prior to 2005. It is also the case of the respondent that the manufacturing of bearings were carried out through one M/s. Techno Mark Grindwell Industries. The 1st invoice is dated 2005 by M/s. Techno Mark Grindwell Industries. The respondents have not proved their user as claimed. 28. The respondents have claimed user since 10.10.1996 for Class 12 goods and 10.4.2000 for Class 7 goods. The respondent’s contention is that they had been dealing through one M/s. Techno Mark Grindwell Industries. It is not clear as to how long they were carrying on business through M/s. Techno Mark Grindwell Industries. As stated earlier 1st invoice is of the year 2005. In the absence of any documents either from 1996 or at least from 2000 the claim of user before the Registrar is wrong statement for which reason the mark cannot be allowed to continue on the Register. 29. As held earlier, the respondents having not given any cogent evidence to prove their user since the date as claimed in their application for registration, we do not think it correct to allow the mark to continue on the register. 30. The judgments relied on by both the parties are not dealt into as it will only multiply authorities. 31. For the reasons stated above, the impugned trade marks registered under Nos.1291522 and 949032 in Class 7 and 12 respectively are cancelled with a direction to the Registrar of Trade Marks. No order as to costs. Miscellaneous Petitions are closed.

INTELLECTUAL PROPERTY APPELLATE BOARD Guna Complex Annexe-I, 2nd Floor, 443, Anna Salai, Teynampet, Chennai-600018   CIRCUIT BENCH SITTING AT DELHI   M.P. No.249/2009 in ORA/220/2009/TM/DEL & ORA/220/2009/TM/DEL   FRIDAY, THIS THE 10th DAY OF FEBRUARY, 2012   Hon’ble Smt. Justice Prabha Sridevan                     …   Chairman Hon’ble Ms.S. Usha                                                         …  Vice-Chairman   KYK Corporation Ltd.                                               … Continue reading

HOW TO PREPARE SENIORITY LIST – .The law is clear that seniority is an incidence of service and where the service rules prescribe the method of its computation, it is squarely governed by such rules. In the absence of a provision ordinarily the length of service is taken into account

Their lord ships of Apex court of India in the following case discussed the methods of  preparing of seniority list. Case facts in Brief :- in the year 1983, the first batch of the Specialist Medical Officer (SMO) in the Ordnance Factories Organization was recruited in the category of Obstetrics, Gynecology, Medicine and Surgery. The appellant was … Continue reading

HOW TO PREPARE SENIORITY LIST – .The law is clear that seniority is an incidence of service and where the service rules prescribe the method of its computation, it is squarely governed by such rules. In the absence of a provision ordinarily the length of service is taken into account

Their lord ships of Apex court of India in the following case discussed the methods of  preparing of seniority list. Case facts in Brief :- in the year 1983, the first batch of the Specialist Medical Officer (SMO) in the Ordnance Factories Organization was recruited in the category of Obstetrics, Gynecology, Medicine and Surgery. The appellant was … Continue reading

Blog Stats

  • 2,880,951 hits

ADVOCATE MMMOHAN

archieves

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 1,905 other followers

Follow advocatemmmohan on WordPress.com