Hindustan Lever Limited vs M/S Dhamat Sales Corporation on 10 October, 2017
25. The Apex Court in AIR 2004 SC 1084, [Ramnik Vallabhdas
Madhvani & others vs. Taraben Pravinlal Madhvani], poignantly held as
under:
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Sri Ramnik Vallabhdas Madhvani And Ors vs Taraben Pravinlal Madhvani on 5 November, 2003
Rajinder Singh Ajmani vs Fulkunwar on 24 June, 2021
"116. The principle of res judicata is a procedural
provision. A jurisdictional question if wrongly decided
would not attract the principle of res judicata. When an
order is passed without jurisdiction, the same
becomes a nullity. When an order is a nullity, it cannot
be supported by invoking the procedural principles
like, estoppel, waiver or res judicata. This question has
since been considered in Sri Ramnik Vallabhdas
Madhvani and Ors. v. Taraben Pravinlal Madhvani :
Gajaraba Bhikhubha Vadher & 7 vs Sumara Umar Amad(Decd) Through Legal ... on 19 October, 2016
In view of the above, this Court has referred the decisions
in the case of (1) Sagua Barik Vs. Bichnita Barik and another
(Supra) (2)P. V. Varadaraja Iyer Vs. Ammukutty Amma and
Page 30 of 41
HC-NIC Page 30 of 41 Created On Thu Oct 20 00:40:24 IST 2016
C/SA/12/2014 CAV JUDGMENT
others (Supra), (3) Gouri Bewa Vs. Ari Pradhan and others
(Supra) (4) Gopal Singh Visharad Vs. Jahoor Ahmad and others
(Supra) (6) Ramnik Vallabhdas Madhvani and Ors. Vs. Taraben
Pravinlal Madhvani (Supra) (7) Pothuri Thulasidas Vs. Potru
Nageswara Rao (supra) and (8) State of Punjab Vs. Darshan
Singh (Supra).
Rajindra Singh Ajmani vs Fulkunwar on 6 July, 2021
2. The aforesaid errors in the judgment dated 24.06.2021 are apparent on
the face of the record, and therefore, need to be corrected. It is made clear
that in page 4 of the judgment at para 6, the parties, "Ashok Leyland Ltd. vs.
State of T.N. and another" shall be read in place of the parties "Ramnik
Vallabhdas Madhvani & Ors. Vs. Taraben Pravinlal Madhvani" and at last line
in place of citation "(2004) 1 SCC 497" the citation "(2004) 3 SCC 1" shall be
read. Likewise, in page 10 of the judgment at para 12, after the paragraph 7
"sub-para 8" shall be read as under:
Smt. Dropadi Devi And Ors. vs Shiv Chandra Dixit on 23 January, 2020
118. The principle of res judicata is a procedural provision. A jurisdictional question if wrongly decided would not attract the principle of res judicata. When an order is passed without jurisdiction, the same becomes a nullity. When an order is a nullity, it cannot be supported by invoking the procedural principles like, estoppel, waiver or res judicata. This question has since been considered in Sri Ramnik Vallabhdas Madhvani and Ors. v. Taraben Pravinlal Madhvani: (2004)1SCC497 wherein this Court observed in the following terms :
Beardsell Limited vs Beardsell Polymers Pvt. Ltd on 5 April, 2022
14. The Defendants raised a further defence that the transfer of
business with goodwill, includes the transfer of the corporate name
“Beardsell”, and relied upon Ramnik Vallabhdas Madhvani v. Taraben
Pravinlal Madhvani (2004) 1 SCC 497 and, in particular, paragraph 68
thereof in this regard. On perusal of the MoU, it is clear that the EPS
business in East India was transferred and the fourth Defendant was granted
the right to operate this business through a “New Company”. The MoU
recognised that this was only part of the pan-India business of the Plaintiff.
In these circumstances, the transfer of goodwill under the MoU cannot be
construed as including an assignment or transfer of ownership, whether sole
or joint ownership, of the corporate name/trademark “Beardsell”. At best, in
view of Clause 14, the Plaintiff agreed to permit one new company to carry
on the acquired business, including by using the corporate name/trademark.
For all these reasons, Issue No.2 is decided in favour of the Plaintiff and
against the Defendants.
Antique Art Export Pvt Ltd vs United India Insurance Company Limited on 22 February, 2023
38. He has also relied on the following judgments; Ramnik Vallabhdas
Madhvaniand Ors. v. Taraben Pravinlal Madhvani., (2004) 1 SCC 497,
Mathura Prasad Bajoo Jaiswal and Ors. v. Dossibai NB Jeejeebhoy.,
AIR 1971 SC 2355; Balvant N Viswamitra and Ors. v. Yadav Sadashiv
Mule (Dead) through Lrs and Ors., (2004) 8 SCC 706; Kishore v. State
of Punjab., (1995) 6 SCC 614.
Pijush Kanti Chowdhury vs State Of West Bengal And Ors. on 14 May, 2007
What is impugned before this Court can be reversed or modified only after granting leave and then assuming appellate jurisdiction over it. If the order impugned before this Court cannot be reversed or modified at the SLP stage obviously that order cannot also be affirmed at the SLP stage [See Kunhayammed and Ors. v. State of Kerala and Anr. and Sri Ramnik Vallabhdas Madvane and Ors. v. Taraben Pravinlal Madhavani 2004(8) Supreme 208].
Niranjan Chatterjee And Ors. vs State Of West Bengal And Ors. on 17 May, 2007
What is impugned before this Court can be reversed or modified only granting leave and then assuming appellate jurisdiction over it. If the order impugned before this Court cannot be reversed or modified at the SLP stage obviously that order cannot also be affirmed at the SLP stage (see Kunhayammed and Ors. v. State of Kerala and Anr. and Ramnik Vallabhdas Madvane and Ors. v. Taraben Pravinlal Madhavani 2004(8) Supreme 208).
Qrg Enterprises And Anr. vs Surendra Electricals And Ors. on 12 September, 2007
4. The Deed of Assignment dated 9.10.1971 specifically states that Haveli Ram Gandhi conveys to the Assignees [family of Qimat Ram Gupta] by sale, transfer and assignment the proprietary rights in the registered Trade Mark No. 167434 and trade mark in the pending applications Nos.272378 and 272379 but without the goodwill of the business. As has already been mentioned above, considerable emphasis has been laid on these words by the learned Single Judge and in our view rightly so. It will be worthwhile to reiterate the definition given to the term goodwill in Cooper, namely, that -'Goodwill of a business is an intangible asset. It is the whole advantage of the reputation and connections formed with the customers together with the circumstances making the connection durable
. We also draw upon the discussion of a definition of 'goodwill' available in Ramnik Vallabhdas v. Taraben Pravinlal Madhvani . Thereafter, in paragraph 57 of Ramdev it has been digested that normally goodwill will encompass a trade mark, but there can be exceptions thereto. The learned Single Judge had concluded that the use of the word goodwill encompasses the use of the word 'Havell's' in the trade name. Prima facie, since the Assignment Deed in terms conveys only the trade mark, at the interlocutory stage all Page 2493 other rights must be held not to have been transferred. This is the first factor which distinguishes this case from ATLAS.