Section 105 Trade Marks Act, 1999
Section 105 Trade Marks Act, 1999 :
Enhanced penalty on second or subsequent conviction.—Whoever having already been convicted of an offence under section 103 or section 104 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees: Provided further that for the purposes of this section, no cognizance shall be taken of any conviction made before the commencement of this Act.
Supreme Court of India Important Judgments And Leading Case Law Related to Section 105 Trade Marks Act, 1999:
K.T. Pavunny And Anr. vs K.T. Mathew on 1 April, 1982
A.K. Enterprises, Agra vs Sterling Machine Tolls And on 2 November, 1999
Asim Gadighar vs Abdul Aziz S/O Lal Mohd Khureshi on 27 November, 1986
Super Candles And Anr. vs Mahabir Candle Works And Anr. on 12 June, 1996
Pawan Kumar Atmaram Saboo And Anr. vs Saboo Collections on 27 July, 2001
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