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Cadila Healthcare Limited vs Lupin Laboratories Ltd. And Anr. on 26 April, 2006

19. In view of this, the contention of Mr.Chhatrapati, learned advocate that the Fast Track Court Judges cannot hear and adjudicate the trade mark proceedings or passing off action that may violate Section 134 of the Trade Marks Act is without any substance. I fully agree with the submissions made by Mr.J.B.Pardiwala, learned advocate appears for the High Court and I also consider the judgment of Allahabad High Court in the case of A.K.Enterprise, Agra (supra) which I have referred in this behalf and other provisions.
Gujarat High Court Cites 31 - Cited by 1 - Full Document

Ganga Prasad Rawat vs M/S Shivhare Pharmacy,Fatehpur & ... on 13 January, 2012

In A.K. Enterprises, Agra Vs. Sterling Machine Tools and another 2000 (2) AWC 897, his Lordship of this Court in the discussion made it clear that under the provisions of Trade and Merchandise Act, 1958 which were para-materia with the provisions of the present Act, only the District Judge was competent to take cognizance of the suit relating to infringement of trade mark with the power to transfer the same to the Court of Additional District Judge.
Allahabad High Court Cites 20 - Cited by 0 - P Mithal - Full Document

Sanjai Kumar Alias Mallu vs Manoj Kumar Sahu And Ors. on 17 January, 2008

In the case of A.K. Enterprises, Agra v. Sterling Machine Tools and Anr. 2000 (2) AWC 897, this was disputed before Allahabad High Court whether the District Judge had power to transfer the proceeding instituted under Section 105 of the Trade and Merchandise Marks Act, 1958. Though this question was not directly involved in that case whether the suit was cognizable by a Court inferior to the Court of District Judge but the discussions made in that case were clear that under the said Act, only the District Judge was competent to take cognizance of the suit with the power to transfer the same to the Court of any Additional District Judge.
Allahabad High Court Cites 20 - Cited by 2 - Full Document
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