The concept and essentials of Criminal Breach of Trust are enshrined in the Indian Penal Code of India. The concept includes the limited scope of the ‘dishonest misappropriation’ or utilization of another property only and is different from the concept of Criminal Misappropriation.
A Fraud or an act of fraud must be proved beyond reasonable doubt to the satisfaction of the court. The act of fraud must be pleaded before the court and must be proved that there was false representation or the person made a false representation. It must be strictly supported by specific summation of material facts and evidence of the case.
Any person or an entity can file a trademark application in India through a TM-A Form which is the prescribed form through online (trademark registry online portal) or offline/physical medium (post, personal filing) with the prescribed fees depending upon the classification of the Applicant. The form available online on Trademark Registry website can be divided into several segments under the headings:
A Charge Sheet is the complete reporting of the police investigation and inquiry conducted by Investigation officer on the basis of First Investigation Report detailing each and every fact about the commission of a crime including the details of the arrest of accused, statement of witnesses and the act of the crime etc. Charge Sheet is the final step of investigation sent by the police to the Court for the commencement of the trial containing specific grounds and violations on behalf of the accused .
Bail is the term given to the security given to the Court or authorities with or without imposed conditions appearance of the accused person on giving which he is released pending trial or investigation. A bail may also require an accused to furnish a bond or surety to the satisfaction of the Court for his release under bail. There are elaborate provisions relating to bails depending upon the nature of the offense.
It is the procedural step raised by the Examiner of the Trademark Registry after the scrutiny of mark on the grounds of the mark being deceptive, similar or identical to the marks already existing on the Trademark Registry or discrepancy in filing of the Trademark Application as per the Trademark Act. The Objections can be raised under the provisions of the Section 09 and 11 of the Trademark Act. Some common cited reasons can be
An Anticipatory Bail governed by the provisions of the Section 438 of the Criminal Procedure Code of India. It is sought as a judicial safeguard against any false allegations or unproven accusations pending before the Court of Law and is filed against any apprehensions of arrest by the police. It is granted on following directions as 1)Physical availability before the police as and when called or directed by them 2)Declaration of any threats or promise to the witness of the cases to influence them and 3)Must not leave India without informing the Court.
The bail can be cancelled in cases of the violations of the conditions on which the bail was granted and it is necessary for the disposal of the case. The provisions of the Code of Criminal Procedure, 1973 lays down specific Sections for the cancellation of the bail granted to an accused. The cancellation of a bail is different from the rejection of the bail.
The final report filed by the police or the Investigation Authority containing the details of the investigation submitted to the Magistrate in cases of 1) the non-availability of the substantial evidence to prove the commission of the offense or 2) the First Investigation Report has been falsely lodged or 3) there is no commission of the alleged offence is called as Closure Report.
A Bail is set to be rejected when the Adjudicating Authority or the Court of competent jurisdiction declines to release the accused who is under arrest primarily on the ground when it finds the circumstances and evidences tha once released the accused might tamper with the evidences and impact the entire investigation.
Any mark which demonstrates or exhibits distinguishing factors capable of identifying or distinguishing goods or services of the Applicant from those of others. The mark must show or must be composed of unique elements in the form of shapes, colours, smells, textures or a combination of the above as per the relevant applicable provisions of the Trademark Act.
The Trademark Act was implemented with an objective to provide effective protection of trademarks on an uniform level in coordination with different parts of the country and protection of the industrial property and consolidate the laws relating to the trade and merchandise marks in India. A Trademark Application provides a statutory recognition of the trade and merchandise marks mentioned in the application giving it a legal proprietary to the Applicant with penal laws to protect his rights as per the applicable provisions of the Trademarks Act.
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A Trademark Opposition is procedural step under the Trademarks Act which can be initiated by any person or entity on grounds during 4 months from the advertisement of the mark in the Trademark Journal on grounds of being similar or identical to the Opponent’s mark or goods or services on anticipation of causing confusion among the customer or the public. An opposition can be filed on the grounds of:
Any arrested person is accused of a non-bailable offence without warrant to be produced before a Court of Law; the accused stands eligible for granting of the bail. An accused in bailable offence is allowed bail as a matter of legal right unless he is accused of an offense which invites capital punishment or imprisonment with life. The violations of the terms of the bail and its conditions invite a penalty and any other punishment as the Court may deem fit.
An Anticipatory Bail can be granted when the Accused has not been declared an Absconder promises to make himself available for investigation in a criminal offense of a non-heinous nature. Th Anticipatory Bail can be granted by the Sessions or Magistrate with any further limitations or directions as the Court deems fit for the disposal of the case.
A charge sheet is filed at the completion of the investigation by the Investigating Officer stating the commission of the offense, violations of the laws and regulations and the applicable provisions of the law under which the person stands accused of a criminal offense to be adjudicated and decided by the Court of Law. A Charge Sheet is generally filed subsequent to the completion of the First Investigation Report and conclusion of the police investigation. However, there is a statutorily prescribed time limit to be adhered to and as per the directions of the Court depending upon the gravity of the offense committed.
The High Court can under its inherent powers enshrined under the Criminal Procedure Code of India can quash a F I R. court on being satisfied as per the evidence that the accused has been falsely implicated and can direct the authorities to set the aggrieved person free if he has been arrested.