Bare Act Search Results

Indian Penal Code (45 of 1860) Section 481

Title: Using a False Property Mark

State: Central

Year: 1860

Whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark.

Indian Penal Code (45 of 1860) Section 482

Title: Punishment for Using a False Property Mark

State: Central

Year: 1860

Whoever uses1[***] any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.] ________________________ 1. The words "any false trade mark or" omitted by Act 43 of 1958, section 135 and Schedule (w.e.f. 25-11-1959).

Trade Marks Act, 1999 (47 of 1999) Section 140

Title: Power to Require Information of Imported Goods Bearing False Trade Marks

State: Central

Year: 1999

.....of section 29. (2) Where goods, which are prohibited to be imported into India by notification of the Central Government under clause (n) of sub-section (2) of Section 11 of the Customs Act, 1962 (52 of 1962), for the protection of trade marks, and are liable to confiscation on importation under that Act, are imported into India, the Commissioner of Customs if, upon representation made to him, he has reason to believe that the trade mark complained of is used as a false trade mark, may require the importer of the goods, or his agent, to produce any documents in his possession relating to the goods and to furnish information as to the name and address of the person by whom the goods were consigned to India and the name and address of the person to whom the goods were sent in India. (3) The importer or his agent shall, within fourteen days, comply with the requirement as aforesaid, and if he fails to do so, he shall be punishable with fine which may extend to five hundred rupees. (4) Any information obtained from the importer of the goods or his agent under this section may be communicated by the Commissioner of Customs to the registered proprietor or registered user of the.....

Trade and Merchandise Marks Act, 1958 [Repealed] Section 118

Title: Power to Require Information in Respect of Imported Goods Bearing False Trade Marks

State: Central

Year: 1958

.....be imported into India under clause (d), clause (dd), clause (c), clause (f), clause (h), clause (i) or clause (j) of section 18 of the Sea Customs Act, 1878, (8 of 1878) and are liable to detention and confiscation on importation under that Act, are imported into India, the Chief Customs Officer if, upon representation made to him, he has reason to believe that the trade mark complained of is used as a false trade mark, may require the importer of the goods, or his agent, to produce any documents in his possession relating to the goods and to furnish information as to the name and address of the person by whom the goods were consigned to India and the name and address of the person to whom the goods were sent in India. (2) The importer or his agent shall, within fourteen days, comply with the requirement as aforesaid, and if he fails to do so he shall be punishable with fine which may extend to five hundred rupees. (3) Any information obtained from the importer of the goods or his agent under this section may be communicated by the Chief Customs Officer to the registered proprietor or registered user of the trade mark which is alleged to have been used as a false trade.....

Trade Marks Act, 1999 (47 of 1999) Section 104

Title: Penalty for Selling Goods or Providing Services to Which False Trade Mark or False Trade Description is Applied

State: Central

Year: 1999

.....section 139 to have applied to them an indication of the country or place in which they were made or produced or the name and address of the manufacturer, or person for whom the goods are manufactured or services provided, as the case may be, are without the indications so required, shall, unless he proves,-- (a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of commission of the alleged offence no reason to suspect the genuineness of the trade mark or trade description or that any offence had been committed in respect of the goods or services; or (b) that, on demand by or on behalf of the prosecutor, he gave all the information in his power with respect to the person from whom he obtained such goods or things or services; or (c) that otherwise he had acted innocently, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a.....

Trade and Merchandise Marks Act, 1958 [Repealed] Section 79

Title: Penalty for Selling Goods to Which a False Trade Mark or False Trade Description is Applied

State: Central

Year: 1958

.....section 117 to have applied to them an indication of the country or place in which they were made or produced or me name and address of the manu­facturer or the person for whom the goods are manufactured, are without the indi­cation so required, shall, unless he proves,-- (a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the trade mark or trade description or that any offence had been committed in respect of the goods; and (b) that, on demand by or on behalf of the prosecutor, he gave all the in­formation in his power with respect to the person from whom he ob­tained such goods or things; or (c) that otherwise he had acted innocently, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both: Provided that when the offence against this section is in relation to goods or any package containing goods which are drugs as defined in clause (b) of section 3 of the Drugs and Cosmetics Act, 1940 (23 of 1940) or "food" as defined in clause (v) of section 2 of the.....

The Indian Penal Code 1860 Complete Act

State: Central

Year: 1860

.....1908, `India', means the territory of India excluding the State of Jammu and Kashmir. Under s. 2(e) of the Monopolies and Restrictive Trade Practices Act, 1969, `India' means for the purposes of this Act the territories to which this Act extends (i.e., whole of India except the State of Jammu and Kashmir). According to s. 2(27) of Customs Act, 1962, `India' includes the territorial waters of India. SECTION 19: "JUDGE" The word "judge" denotes not only every person who is officially designated as a Judge, but also every person, who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgement or a judgement which, if not appealed against, would be definitive, or a judgement which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgement. Illustrations (a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge. (b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge. (c) A member of a Panchayat which has power.....

The Code of Criminal Procedure, 1973 Complete Act

State: Assam

Year: 1973

.....believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector,and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation.-In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 ( 102 of 1956) and whose name has been entered in a State Medical Register. 54. Examination of arrested person by medical practitioner at the request of the arrested person. When a person who is arrested, whether on a charge or otherwise alleges, at.....

Indian Penal Code (45 of 1860) Complete Act

Title: Indian Penal Code (45 of 1860)

State: Central

Year: 1860

.....Court Section79 - Act done by a person justified, or by mistake of fact believing himself justified, by law Section80 - Accident in doing a lawful act Section81 - Act likely to cause harm, but done without criminal intent, and to prevent other harm Section82 - Act of a child under seven years of age Section83 - Act of a child above seven and under twelve of immature understanding Section84 - Act of a person of unsound mind Section85 - Act of a person incapable of judgment by reason of intoxication caused against his will Section86 - Offence requiring a particular intent or knowledge committed by one who is intoxicated Section87 - Act not intended and not known to be likely to cause death or grievous hurt, done by consent Section88 - Act not intended to cause death, done by consent in good faith for person's benefit Section89 - Act done in good faith for benefit of child or insane person, by or by consent of guardian Section90 - Consent known to be given under fear or misconception Section91 - Exclusion of acts which are offences independently of harm caused Section92 - Act done in good faith for benefit of a person without consent Section93 - Communication made in.....

Code of Criminal Procedure, 1898 Complete Act

State: Central

Year: 1898

.....(2) of Section 5, for the words 'but subject to any enactment', substitute the words 'but, save as otherwise provided by this Code, subject to any enactment'. [W.B. Act 8 of 1970, Section 3 and Sch., item 2]. (1) All offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained. Trial of offences against other laws (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. PART 2 CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES: CHAPTER 2: OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES: SECTION 6: Glasses of Criminal Courts: Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in [India], namely,- : State Amendments GUJARAT.-In its application to the State of Gujarat the amendment made in Section 6 is the.....