Bare Act Search Results
Home Bare Acts Phrase: threatCopyright Act, 1957 Section 60
Title: Remedy in the Case of Groundless Threat of Legal Proceedings
State: Central
Year: 1957
Where any person claiming to be the owner of copyright in any work, by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of an alleged infringement of the copyright, any person aggrieved thereby may, notwithstanding anything contained1[in section 34 of the Specific Relief Act, 1963 (47 of 1963)], institute a declaratory suit that the alleged infringement to which the threats related was not in fact an infringement of any legal rights of the person making such threats and may in any such suit-- (a) obtain an injunction against the continuance of such threats; and (b) recover such damages, if any, as he has sustained by reason of such threats: Provided that this section does not apply if [he person making such threats, with due diligence, commences and prosecutes an action for infringement of the copyright claimed hy him. __________________________ 1. Substituted by Act 23 of 1983, section 21, for "in section 42 of the Specific Relief Act, 1877 (1 of 1877)" w.e.f. 9-8-1984.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 142
Title: Groundless Threats of Legal Proceedings
State: Central
Year: 1999
.....such damages (if any) as he has ' sustained, unless the first-mentioned person satisfies the court that the trade mark is registered and that the acts in respect of which the proceedings were threatened, constitute, or, if done, would constitute, an infringement of the trade mark. (2) The last preceding sub-section does not apply if the registered proprietor of the trade mark, or a registered user acting in pursuance of sub-section (1) of section 52 with due diligence commences and prosecutes an action against the person threatened for infringement of the trade mark. (3) Nothing in this section shall render a legal practitioner or a registered trade marks agent liable to an action under this section in respect of an act done by him in his professional capacity on behalf of a client. (4) A suit under sub-section (1) shall not be instituted in any court inferior to a District Court.
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 106
Title: Power of Court to Grant Relief in Cases of Groundless Threats of Infringement Proceedings
State: Central
Year: 1970
(1) Where any person (whether entitled to or interested in a patent or an application for patent or not) threatens any other person by circulars or advertisements or by communications, oral or in writing addressed to that or any other person, with proceedings for infringement of a patent, any person aggrieved thereby may bring a suit against him praying for the following reliefs, that is to say (a) a declaration to the effect that the threats are unjustifiable; (b) an injunction against the continuance of the threats; and (c) such damages, if any, as he has sustained thereby. (2) Unless in such suit the defendant proves that the acts in respect of which the proceedings were threatened constitute or, if done, would constitute, an infringement of a patent or of rights arising from the publication of a complete specification in respect of a claim of the specification not shown by the plaintiff to be invalid the court may grant to the plaintiff all or any of the reliefs prayed for. Explanation.A mere notification of the existence of a patent does not constitute a threat of proceeding within the meaning of this section.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 94
Title: Act to Which a Person is Compelled by Threats
State: Central
Year: 1860
Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at me time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence: Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint. Explanation 1.--A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law. Explanation 2.--A person seized by a gang of dacoits, and forced, by threat of instant death, to do a thing which is an offence by law; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.
View Complete Act List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 73
Title: Groundless Threats of Legal Proceedings
State: Central
Year: 1999
.....and that the acts in respect of which the proceedings where threatened, constituted, or, if done, would constitute, an infringement of the geographical indication. (2) The last preceding sub-section does not apply if the registered proprietor of the geographical indication or an authorised user thereof with due diligence commences and prosecutes an action against the person threatened for infringement of the geographical indication. (3) Nothing in this section shall render a legal practitioner or a registered geographical indications agent liable to an action under this section in respect of an act done by him in his professional capacity on behalf of a client. (4) A suit under sub-section (1) shall not be instituted in any court inferior to a district court.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 120
Title: Groundless Threats of Legal Proceedings
State: Central
Year: 1958
.....recover such damages (if any) as he has sustained, unless the first-mentioned person satisfies the court that the trade mark is registered and that the acts in respect of which the proceedings were threatened constitute, or, if done, would constitute, an infringement of the trade mark. (2) The last preceding sub-section does not apply if the registered proprietor of the trade mark, or a registered user acting in pursuance of sub-section (1) of section 51, with due diligence commences and prosecutes an action against the person threatened for infringement of the trade mark. (3) Nothing in this section shall render a legal practitioner or a registered trade marks agent liable to an action under this section in respect of an act done by him in his professional capacity on behalf of a client. (4) A suit under sub-section (1) shall not be instituted in any court inferior to a District Court.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 24
Title: Confession Caused by Inducement, Threat or Promise, when Irrelevant in Criminal Proceeding
State: Central
Year: 1872
A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise1 , having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds, which would appear to him reasonable, for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him. _____________________ 1. For prohibition of such inducement, etc., see the Code of Criminal Procedure, 1973 (2 of 1974), section 316.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 28
Title: Confession Made After Removal of Impression Caused by Inducement, Threat or Promise Relevant
State: Central
Year: 1872
If such a confession as is referred to in section 24 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the Court, been fully removed, it is relevant.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 189
Title: Threat of Injury to Public Servant
State: Central
Year: 1860
Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. STATE AMENDMENTS 1Andhra Pradesh In Andhra Pradesh offence under section 189 is cognizable. (Vide A.P.G.O. MS. No. 732. d ated 15 - 12 - 1991 ]. ______________________ 1. Vide A.P.G.O. Ms. No. 732, dated 5th December, 1991.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 190
Title: Threat of Injury to Induce Person to Refrain from Applying for Protection to Public Servant
State: Central
Year: 1860
Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both, STATE AMENDMENTS 1Andhra Pradesh Offence under section 190 is cognizable. ______________________ 1. Vide A.P.G.O. Ms. No. 732, dated 5th December, 1991.
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