https://www.taxtmi.com/caselaws?id=157125 Unless a special statute expressly restricts who may lodge a complaint, a Magistrate may take cognizance of an offence on a complaint setting out facts constituting that offence. The Trade and Merchandise Marks Act, 1958 contained no contrary restriction for offences under Sections 78 and 79, so the general rule under the Code of Criminal Procedure applied and any person could set the criminal law in motion. A complaint could not be rejected merely because the complainant was not the registered proprietor, particularly where he was a dealer and constituted attorney of the registered owners. The refusal to issue process and dismissal of the complaint on that ground were erroneous, and the complaint was maintainable. en-us Fri, 30 Sep 1983 00:00:00 +0530 Fri, 01 Aug 2014 09:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=157125 Unless a special statute expressly restricts who may lodge a complaint, a Magistrate may take cognizance of an offence on a complaint setting out facts constituting that offence. The Trade and Merchandise Marks Act, 1958 contained no contrary restriction for offences under Sections 78 and 79, so the general rule under the Code of Criminal Procedure applied and any person could set the criminal law in motion. A complaint could not be rejected merely because the complainant was not the registered proprietor, particularly where he was a dealer and constituted attorney of the registered owners. The refusal to issue process and dismissal of the complaint on that ground were erroneous, and the complaint was maintainable. Case-Laws Indian Laws Fri, 30 Sep 1983 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=157125