Search Results Page

Search Results

1 - 2 of 2 (0.30 seconds)

Pandurang S/O Yallappa Madhurkar vs The State Of Karnataka on 5 October, 2012

3. Based on his report, the JMFC has registered a case against the petitioners in C.C.1435/08 and process has been issued to secure their presence. Petitioners have questioned initiation of prosecution on the ground, 2nd respondent had no legal competence to file such complaint in view of Section 72. He relies on the decision of this court in the case of MANAGER, ASIAN PAINTS LIMITED 4 .vs. INSPECTOR OF LEGAL METROOLOGY, FLYING SQUAD-1, dated 29.5.2012 reported in 2002 LAWSUIT KAR. 300.
Karnataka High Court Cites 14 - Cited by 0 - J Rahim - Full Document

The Company, M/S Hindustan Unilever ... vs The State Of Karnataka on 27 September, 2013

3. Without entering upon the correctness or otherwise of the allegations, on the face of it, it is found that there is no authorization accompanying the complaint, that by itself is an infirmity, which should not have compelled the Magistrate to take cognizance. Notwithstanding the fact that the Inspector of Legal Metrology being a Government servant, need not be examined on oath at the time of the Court below taking cognizance. It was further necessary that the complainant should have negated that he was authorized by the Directors or the Controller of Legal Metrology to initiate proceedings. No document made available to indicate that he was duly authorized. The complaint also does not specifically state that he was duly authorized to initiate the proceedings. This Court in the case of the Manager, Asian Paints Vs. the Inspector of Legal Metrology, 2002 Crl.J. 3869, has taken the view that, when there is 5 no mention of the complaint that the complainant was duly authorized by the Directors or other competent authority under the Act, and when no document is produced to show such authorization, it is a serious lacuna, whereby the registration of a case and issuance of process against the accused would be bad in law.
Karnataka High Court Cites 8 - Cited by 0 - A Byrareddy - Full Document
1