Court : Orissa
Reported in : AIR1984Ori91
..... (hereinafter referred to as 'the act') makes provision for two classes of trade mark actions. sub-sec. (1) makes it clear that no person shall be entitled to institute any proceeding to prevent the infringement of an unregistered trade mark or to recover damages therefor. this prohibition does not, however, affect actions for passing off provided ..... in using the plaintiffs trade mark and granted an injunction accordingly. the common law courts, however, adhered to their view that fraud was necessary until the judicature acts, by fusing law and equity, gave the equitable rule the victory over the common law rule.7. the two actions, however, are closely similar in some ..... from those of the registered proprietor. accordingly, in considering the question of infringement the courts have held, and it is now expressly provided by the trade marks act, 1938. section 4, that infringement takes place not merely by exact imitation but by the use of a mark so nearly resembling the registered mark as .....
Tag this Judgment!Court : Orissa
Reported in : 58(1984)CLT184; 1984(II)OLR709
..... . l. authorities have been informed to take suitable administrative action against md. ayub.she is advised to file a complaint, in the proper court at law under the dowry prohibition act, 1961, and the dowry prohibition ( orissa amendment ) act, 1975. if she is eligible for legal aid under rule 3(l) of orissa legal aid to the poor rules, 1975, she may submit application for the same ..... complainant and the respondents were the accused persons facing trial for commission of offences punishable under sections 3 and 4 of the dowry prohibition act, 1961 (for short, the 'act') and under section 6a(1) of the said act as amended by the dowry prohibition (orissa amendment ) act, 1975, in the court of the learned subdivisional judicial magistrate, sambalpur. the case of the appellant was that the respondent no .....
Tag this Judgment!Court : Orissa
Reported in : 58(1984)CLT606; 1984(II)OLR1093
..... assigned reasons in the last paragraph of his judgment as to why, instead of sentencing the respondents, he applied the provisions of section 3 of the probation of offenders act. according to him, boundary disputes such as in this case are regular features in rural areas. in order to bring amity between the parties, he thought it ..... and bitter. the reasons assigned seem to be proper in view of the petty nature of the case and the spirit underlying the provisions of the probation of offenders act. since the learned magistrate exercised his discretion in an appropriate manner, interference in this respect in any manner is unwarranted.6. the next aspect of the case ..... main conviction is taken before the court of appeal and not otherwise. in neither of these two decisions there was any discussion regarding the power of the high court acting as the court of appeal under section 378 of the code. the decisions of the calcutta and the madras high courts, (supra) can, therefore, be distinguished. .....
Tag this Judgment!Court : Orissa
Reported in : 1985CriLJ1591
..... being sentenced in a mechanical fashion?11. the change in attitude and philosophy' is perceivable in the enactment of the probation of offenders act, the juvenile acts, the children acts and by re-enacting section 562 of the code of 1898 with improvements in section 360 of the present code of criminal procedure and ..... yesterday's innocent into today's offender. not unoften a crime is committed on the spur, without premeditation, a scheme or planning; by a thoughtless act or due to uncontrollable influence. given a chance many a person would reform and lead a new chapter, granted. congenial conditions for rehabilitation. most offenders ..... the last and the most important, albeit a difficult chapter in a trial. it involves sensitive exercise of discretion and not a 'routine or mechanical prescription acting on hunch'. theories of punishment are many : reformative, preventive, deterrent, retributive and denunciatory. retributive and denunciatory theories have lost their potency in the civilised .....
Tag this Judgment!Court : Orissa
Reported in : 60(1985)CLT375; 1986CriLJ406
..... court on section 361 vis-a-vis section 360 of the code of criminal procedure is equally applicable to section 361 vis-a-vis the probation of offenders act.6. it is therefore crystal clear that the latest thinking in the science of criminology supported by legislative intendment is against punishment of incarceration in jail of youthful ..... treatment, training or rehabilitation of youthful offenders and the court refrains from dealing with the offender under section 360 or under the provisions of the probation of offenders act, the law casts a duty on the courts to record special reasons in its judgment for not doing so. section 361 is mandatory. what was observed by ..... in my view he was a reliable witness and his evidence was rightly accepted. from his evidence an inference can be drawn under section 114 of the evidence act to the effect that when the stolen property, namely, the bicycle was seized from the possession of the petitioner soon after the theft thereof was committed, a .....
Tag this Judgment!Court : Orissa
Reported in : AIR1987Ori134
..... and circumstances and the broad probabilities of the case lead us to believe that the plaintiff was not allowed to take back her gold ornaments which she had brought as dowry to the house of the defendants.11. we have already found that the plaintiff had taken with her the gold ornaments weighing at least 12 tolas which fact has been ..... same. it is next contended that the police did not take any action being influenced by the plaintiffs father whereafter the private complaint case was started. as regards the other dowry articles brought by the plaintiff it has been stated in the written statement that the same may at best be worth rs. 3000/- and the plaintiffs claim is false and ..... kept in her hand box which were taken with her when she was sent to the house of defendant no. 1. all these articles, which were taken by her as dowry, the details of which have been given in schedule 'a' of the plaint, were kept in the house and custody of defendant no. 1.3. according to the plaintiff the .....
Tag this Judgment!Court : Orissa
Reported in : 62(1986)CLT630; 1987CriLJ1455
..... with the principle laid down in the above decisions.4. the significant facts of this case are that it is one under section 6-a of the dowry prohibition act. the parties are muslims and the girl given in marriage to respondent mir muktar is quite young and is in the threshold of her life. the date ..... an order of acquittal under section 256 of the code.3. mr. rajen mohapatra, the learned advocate for the appellant, urged that in a case under the dowry prohibition act on the first date of hearing itself the learned judicial magistrate should not have passed the extreme stringent order of acquittal. he should have been more circumspect and in ..... . the order of acquittal passed by the learned sub-divisional judicial magistrate, jaipur, in a case under section 6a of the dowry prohibition act (as amended by orissa act 1 of 1976) (hereinafter referred to as the act), on account of the absence of the complainant has been challenged in this appeal.2. the appellant filed a complaint petition against .....
Tag this Judgment!Court : Orissa
Reported in : 62(1986)CLT749; 1986(II)OLR548
..... charan patra and others. 41(1975) clt 656 and some other decisions to which reference will be made hereinafter and also strenuously argues on the legislative intent in prohibiting a second revision, as contained in section 397(3) of the code. no doubt, the aforesaid decisions support the contention of mr. mohapatra, the learned counsel ..... it has been held in the said case that the inherent power of the high court cannot be exercised to override a statutory provision containing a clear prohibition. the learned judge also came to the conclusion that where the dismissal of a revision petition by the additional sessions judge is within the four corners of ..... a criminal proceeding initiated illegally, vexatiously or as being without jurisdiction. take for example a case where a prosecution' is launched under the prevention of corruption act without a sanction, then the trial of the accused will be without jurisdiction and after his acquittal a second trial after proper sanction will not be barred .....
Tag this Judgment!Court : Orissa
Reported in : 65(1988)CLT573; 1989CriLJ457
..... was denied reasonable opportunity to examine withnesses in support of his case.(e) the petitioner was entitled to the benefits under section 4 of the probation of offenders act.the learned counsel for the opposite party, on the other hand, supported the judgments of the courts below on all aspects. according to the learned counsel, all ..... last submission raised by the learned counsel for the petitioner that remains to be considered is applicability of the provisions of section 4 of the probation of offenders act to the case. the appellate court did not accept the contention in view of the exception to the applicability of the section as provided therein. of the ..... against the accused those under sections 467 and 471, i.p.c. provide for maximum sentence of life imprisonment. therefore, section 4 of the probation of offenders act has no application to the case and the contention was rightly repelled by the court below.12. on the analysis in the foregoing paragraphs and for the reasons .....
Tag this Judgment!Court : Orissa
Reported in : II(1990)DMC271
k.p. mohapatra, j.1. the petitioner and pro forma opposite party no. 2 are accused in a case under sections 3 and 4 of the dowry prohibition act (for short the 'act') and have challenged the order of cognizance dated 6-2-1985 passed by the learned sub-divisional judicial magistrate, bhubaneswar.2. prosecution case, which is a very unfortunate one, is ..... offence ;(c) it shall be lawful for a presidency magistrate or a magistrate of the first class to pass any sentence authorized by this act on any person convicted of an offence under this act.' the dowry prohibition (amendment) act, 1984 (amendment act no. 63 of 1984) substituted and replaced section 7 which is also quoted below :--'7. (1) notwithstanding anything contained in the code of .....
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