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Supreme Court of India 2021-05-07 dismissed

Bench: 2 — Aniruddha Bose

In Brief

A trademark dispute between brothers escalated into overlapping civil and criminal proceedings across multiple jurisdictions. The accused sought to transfer a criminal case (involving alleged unauthorized use of the trademark 'SACHAMOTI' and cheating) from Salem to Delhi, citing overlap with pending civil suits, language barrier, and apprehension of unfair trial. The Court dismissed the petition, holding that transfer under Section 406 of CrPC requires 'ends of justice' and credible evidence of imperilled justice. Mere overlap with civil proceedings, language difficulties (where interpreters are available), or party convenience cannot justify transfer when the original court has jurisdiction.",

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Criminal Procedure Transfer Petition Trademark Law Jurisdiction Cheating and Fraud

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