proprietor of the trade mark makes
that trade mark or a deceptively similar mark; or
(b) falsifies any genuine trade mark, whether by alteration,
addition ... trade mark,
--
(a) applies such trade mark or a deceptively similar mark to
goods or services or any package containing goods;
(b) uses any package
manufactured by the applicant No.1 and which
contained deceptively similar trade mark as of M/s
Vertex Company. From the facts, the offence under
deliberate
misrepresentation to the parents and general public by using
deceptively similar trademark and extorting money from the
general public. He has contended that
with other variants, which trademark/ trade
name/ domain name are deceptively similar to the plaintiff‟s trademark and
the artistic style
Respondent No.1 to inquire as names of certain
accounts were found similar to the accounts used for various
purposes by Respondent No.2 State ... department has not filed any
complaint for alleged loss or for deceptive similarity in name of
account.
6. However, we find in the process , public
favour which he would not have parted but
for the deception played on him. Thus, the essential
ingredients of the offence is that there must ... allegedly handed over Rs.500/ note to accused S.
Ganeswar. Similarly there was no deception when the
accused persons had allegedly handed over forged transfer
offence of alleged cheating and forgery i.e., the element of deception, and
misrepresentation, as enumerated therein, which are completely missing in
the instant case ... have no-where stated in their
statements that they were cheated or similar products shown to them were
actually not supplied to them. A perusal
coercion, or
Thirdly.- by abduction, or
Fourthly.- by practising fraud, or deception, or
Fifthly.- by abuse of power, or
Sixthly.- by inducement, including the giving ... physical exploitation or
any form of sexual exploitation, slavery or
practices similar to slavery, servitude, or the
forced removal of organs.
Explanation 2.- The consent
ingredients of Section 420 of
the Penal Code are:
'(i) Deception of any persons;
(ii) Fraudulently or dishonestly
inducing any person to deliver ... amount of advance the same
would not constitute an offence of cheating.
Similar is the legal position in respect of an
offence of criminal breach
respect of the offence under Section 406 IPC is not justified.
Similarly, the offence of cheating is defined under Section 415
Indian Penal Code, which ... said to "cheat".
Explanation. A dishonest concealment of facts is
deception within the meaning of this section."
Again there is no inducement
