KRISHNA PADA DAS vs MOKTAB HOSSAIN — 1970 SCMR 838

Citation: 1970 SCMR 838

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-06-24

Parties: KRISHNA PADA DAS vs MOKTAB HOSSAIN

Headnotes

Case cited as 1970 SCMR 838

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan Title: KRISHNA PADA DAS vs MOKTAB HOSSAIN Case No.: Criminal Petition for Special Leave to Appeal No. 30-D of 1970 Date of Judgment:1970-06-24 Reported As: 1970 SCMR 838 Result: Petition dismissed JUDGMENT JUDGMENT SAJJAD AHMAD, J.-This petition for special leave to appeal is directed against the acquittal of the respondent Moktab Hossain of charge under section 482 of the Pakistan Penal Code, which was brought on a complaint by the petitioner against him. The acquittal was recorded by Mr. A. Rahim, Magistrate 1st Class, Jamalpur, on the 15th of July 1964, and the petitioner's efforts to have it reversed, in revisional jurisdiction, by the Sessions Judge and the High Court have failed, and he has finally come up to this Court. The complaint proceeded on the allegation that the petitioner --company has been manufacturing and selling a medicine under the registered trade mark of "Saribadi Salsa", in special types of bottles with labels pasted on them, since the year 1914, which has acquired considerable popularity over the years. Lured by the popularity and the huge sales of the aforesaid product of the petitioner-company, the respondent, with a fraudulent motive, has started selling a medicine, named as "Saribadi Sab Salsa", in bottles of an identical type with identical labels fixed thereon with those of the petitioner-company, falling within the mischief of section 482 of the Penal Code.…

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