My Space Inc. vs Super Cassettes Industries Ltd. on 23 December, 2016
Bench: S. Ravindra
abundantly clear that it was well
aware of and had knowledge/constructive knowledge of the
trademark/trade name 'PRIUS' in favour
Later on in the year 1963-64, a residential
house was constructed on the said property, again out of the
funds of the aforesaid ... supplied)
Thus, the averment of the plaintiff that the residential house was
constructed "... ... out of the funds of the aforesaid HUF" were qualified
impugned mark with full
knowledge of the statutory rights of our client in the registered
trademark BURGER KING® and with constructive notice of
the priority
public record
constitute constructive notice to the defendant of the plaintiff‟s statutory
rights and the defendant is deemed to have knowledge of such rights
common knowledge, under the various schemes
floated by bodies like housing boards, houses are
constructed on a large scale and allotted on part
payment
contentions (i.e. Meena Rani and Nalini Gupta) about lack of
knowledge was difficult to believe. The Division Bench had observed as
follows ... applicant was in the process of erecting a boundary wall and
constructing a chowkidar room on the plot. It assumes
importance that the applicant claims
view must have, firstly the element of
consciousness or knowledge of that possession in the
person charged with such offence and secondly where ... charged with the
offence unless it can be shown that he had knowledge of
the weapon being placed in his house..........."
28. The Supreme
defendant no. 4, purchased in the year
1995. The said plot was constructed into Twelve Flats and
said flats were sold by defendants ... league and
collusion with each other, without prior consent, knowledge
and plaintiff being party thereto and the entire sale
consideration of all the said flats
under the Arms Act must have,
firstly the element of consciousness or knowledge of that
possession in the person charged with such offence and secondly ... under
Section 25(1)(a) is the element of intention, consciousness or
knowledge with which a person possessed the firearm before it
can be said