The Jammu and Kashmir and Ladakh High Court has clarified that the use of the expression "to ascertain the truth or falsehood of the complaint in terms of Section 202 of the Code" in a Magistrate's order indicates the intent to proceed under Chapter XVI of the Code of Criminal Procedure, which deals with inquiries and investigations into complaints. The …
The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra considered the matter. The appeals raised a common question “When a patent is issued in India and the patentee asserts such rights, can CCI inquire into the actions of such patentee in the exercise of its powers under the Competition Act?” While allowing the appeals, the …
The Delhi High Court has ruled that the Patents Act, 1970 must prevail over the Competition Act, 2002 on the issue of exercise of rights by a patentee. “Therefore, when asessed, by the maxim generalia specialibus non derogant or by the maxim lex posterior derogat priori, the Patents Act must prevail over the Competition Act on the issue of exercise …
INTRODUCTION The curial act of "taking cognizance of an offence" has baffled the Bench and the Bar alike mainly due to the fact that the Code of Criminal Procedure, 1973 has not chosen to define the said expression although we find the said expression used in various provisions in the Cr.P.C. We have come across loose expressions such as "the …
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