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Documents citing Sun Pharma Laboratories Ltd. vs Dabur India Ltd. & Anr. on 8 August, 2022

Itc Limited vs The Deputy Registrar Of Trade Marks And ... on 29 February, 2024

In Sun Pharma (supra), Court's view was clear and categorical, in that, time limits prescribed under the Rules are mandatory, and in consonance with the necessity for strict timelines. An extrapolation of this principle must also logically apply to Rule 53 of the 2002 Rules (now Rule 48 of the 2017 Rules). The inflexible and inductile quality ascribed to the Rules for filing evidence Signature Not Verified Digitally Signed C.A.(COMM.IPD-TM) 81/2022 Page 13/15 By:MANISH KUMAR Signing Date:11.03.2024 01:10:54 in support of opposition cannot suddenly evaporate and dissipate when applying Rule 53 in a residual situation. While Rules 50-52 do not invite elasticity, it is difficult to accept that Rule 53 would. Rule 53 is prefaced by the phrase - "no further evidence shall be left on either side" - which exemplifies a situation that has truly precipitated. The phrase is followed by a "but" which is followed by a provision of a residual power of the Registrar to allow either party to leave evidence.
Delhi High Court Cites 9 - Cited by 0 - Full Document
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