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The Hershey Company vs Dilip Kumar Bacha, Trading As Shree ... on 9 February, 2024 cites

Indian Performing Rights Society Ltd vs Sanjay Dalia & Anr on 1 July, 2015

xiii) The principle from Heydon's Case, as applied in the Indian Performing Rights Society Limited v. Sanjay Dalia (supra), suggests that the Court should interpret the 1999 Act by considering its overall scheme and purpose, and to prevent any mischief that was sought to be curtailed. Applying this principle to the 1999 Act, especially after its amendment by the TRA, would mean interpreting it in a way that, upholds the practical Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 179/2023 & connected matters Page 64 of 70 By:RAHUL Signing Date:09.02.2024 19:16:40 utility of trade mark law and ensure that trade mark rights are effectively protectable.
Supreme Court of India Cites 57 - Cited by 157 - A Mishra - Full Document

M/S. Kusum Ingots & Alloys Ltd vs Union Of India And Anr on 28 April, 2004

30.7 Kusum Ingots & Alloys Ltd v. U.O.I.- which is considered a watershed decision in territorial jurisdiction jurisprudence in the context of writ petitions - examined the issue of whether a writ petition, challenging a legislative enactment which had been applied by a judicial or executive authority to the prejudice of the petitioner, could be filed at Delhi, even though the petitioner was not located within the jurisdiction of this Court and had felt no effect of the legislation within such jurisdiction, merely because the situs of the Union legislature, which enacted the legislation, was in Delhi. Answering the issue in the negative, the Supreme Court held that a writ petition would lie, not before the High Court having jurisdiction over the legislature which enacted the legislation, but over the location of the litigant who felt the effect of the legislation by the passing of the Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 179/2023 & connected matters Page 46 of 70 By:RAHUL Signing Date:09.02.2024 19:16:40 judicial or executive order based on the impugned legislation - which is what Girdhari Lal Gupta terms "the dynamic effect". The intrinsic relationship between the situs of a litigation, or an executive action under challenge, and its dynamic effect as felt by the litigant is, therefore, fossilized in the law."
Supreme Court of India Cites 13 - Cited by 856 - S B Sinha - Full Document

Midas Hygiene Industries P. Ltd. And ... vs Sudhir Bhatia And Ors. on 22 January, 2004

2018 (11) SCC 769, paragraphs 13, 18 7 2022/DHC/4746, paragraph 83 Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 179/2023 & connected matters Page 15 of 70 By:RAHUL Signing Date:09.02.2024 19:16:40 • The last submission is that even under the 1999 Act when Section 3 of the 1958 Act was not retained, the constitution of the IPAB was contemplated by the legislature to be only one forum for the entire country. In fact, Section 84 of the 1999 Act makes it very clear that it was up to the Central Government to notify only for the purposes of sittings and distribution of work, but never for the purposes of conferring territorial jurisdiction. The notifications issued under the 1999 Act when the IPAB was functioning are relied upon to argue that the only notification which was issued was under Section 84(2) of the 1999 Act, and not under Section 84(4) of the 1999 Act. The distribution of work was never considered necessary even under the 1999 Act by the legislature and thus, even today, the same position ought to prevail. Any distribution of work by the IPAB itself as part of its practice for the purpose of administrative convenience cannot override the parliamentary intent of the legislature. Practice of the IPAB, as referred to in Midas Hygiene Industries Ltd. v. Sudhir Bhatia (IPAB) 8 and Girdhari Lal (supra) is relied upon.
Supreme Court of India Cites 1 - Cited by 411 - Full Document

Shiv Shakti Coop. Housing Society, ... vs M/S. Swaraj Developers & Ors on 17 April, 2003

(iii) Shiv Shakti Co-operative Housing Society, Nagpur Vs. Swaraj Developers12 9 (2003) 11 SCC 92 10 2014 (11) SCC 619, paragraph 27 11 2001 SCC OnLine Del 1536 12 (2003) 6 SCC 659 Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 179/2023 & connected matters Page 18 of 70 By:RAHUL Signing Date:09.02.2024 19:16:40 Submissions of Mr. Rajshekhar Rao, ld. Counsel for the Respondent No. 1 in C.O. (COMM.IPD-TM) 778/2022, C.O. (COMM.IPD-TM) 782/2022, C.O. (COMM.IPD-TM) 783/2022.
Supreme Court of India Cites 18 - Cited by 1808 - A Pasayat - Full Document

Maulavi Hussein Haji Abraham Umari vs State Of Gujarat And Anr on 29 July, 2004

• Firstly, an examination of Section 57 of the 1999 Act in conjunction with Rule 4 of the 2017 Rules reveals that the Registrar and the High Court have concurrent jurisdiction over cancellation petitions. Consequently, the definition of 'Appropriate office' should not be interpreted differently for the Registrar and the High Court. The link between the 'Appropriate office' and either the Registrar or the High Court must be consistent, as outlined in Rule 4 of the 2017 Rules, for Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 179/2023 & connected matters Page 21 of 70 By:RAHUL Signing Date:09.02.2024 19:16:40 any cancellation petition. These provisions should be read holistically, and casus omissus should not be readily inferred, as established by the Supreme Court in Maulavi Hussein Haji Abraham Umari v. State Of Gujarat13.
Supreme Court of India Cites 18 - Cited by 76 - A Pasayat - Full Document

S.P. Sampath Kumar Etc vs Union Of India & Ors on 9 December, 1986

"2. In the second phase, analysis of data of the last three years has shown that tribunals in several sectors have not necessarily led to faster justice delivery and they are also at a considerable expense to the exchequer. The Hon'ble Supreme Court has deprecated the practice of tribunalisation of justice and filing of appeals directly from tribunals to the Supreme Court in many of its judgements, including S.P Sampath Kumar versus Union of India (1987) 1 SCC 124, L. Chandra Kumar versus Union of India (1997) 3 SCC 261, Roger Mathew versus South Indian Bank Limited (2020) 6 SCC 1 and Madras Bar Association versus Union of India and 13 2004 (6) SCC 672, paragraph 21 Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 179/2023 & connected matters Page 22 of 70 By:RAHUL Signing Date:09.02.2024 19:16:40 another (2020) SCC Online SC 962. Therefore, further streamlining of tribunals was considered necessary as it would save considerable expense to the exchequer and at the same time, lead to speedy delivery of justice.
Supreme Court of India Cites 29 - Cited by 238 - M Rangnath - Full Document

Rojer Mathew vs South Indian Bank Ltd And Ors Chief ... on 13 November, 2019

"2. In the second phase, analysis of data of the last three years has shown that tribunals in several sectors have not necessarily led to faster justice delivery and they are also at a considerable expense to the exchequer. The Hon'ble Supreme Court has deprecated the practice of tribunalisation of justice and filing of appeals directly from tribunals to the Supreme Court in many of its judgements, including S.P Sampath Kumar versus Union of India (1987) 1 SCC 124, L. Chandra Kumar versus Union of India (1997) 3 SCC 261, Roger Mathew versus South Indian Bank Limited (2020) 6 SCC 1 and Madras Bar Association versus Union of India and 13 2004 (6) SCC 672, paragraph 21 Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 179/2023 & connected matters Page 22 of 70 By:RAHUL Signing Date:09.02.2024 19:16:40 another (2020) SCC Online SC 962. Therefore, further streamlining of tribunals was considered necessary as it would save considerable expense to the exchequer and at the same time, lead to speedy delivery of justice.
Supreme Court of India Cites 260 - Cited by 69 - R Gogoi - Full Document

Madras Bar Association vs Union Of India & Anr on 25 September, 2014

"2. In the second phase, analysis of data of the last three years has shown that tribunals in several sectors have not necessarily led to faster justice delivery and they are also at a considerable expense to the exchequer. The Hon'ble Supreme Court has deprecated the practice of tribunalisation of justice and filing of appeals directly from tribunals to the Supreme Court in many of its judgements, including S.P Sampath Kumar versus Union of India (1987) 1 SCC 124, L. Chandra Kumar versus Union of India (1997) 3 SCC 261, Roger Mathew versus South Indian Bank Limited (2020) 6 SCC 1 and Madras Bar Association versus Union of India and 13 2004 (6) SCC 672, paragraph 21 Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 179/2023 & connected matters Page 22 of 70 By:RAHUL Signing Date:09.02.2024 19:16:40 another (2020) SCC Online SC 962. Therefore, further streamlining of tribunals was considered necessary as it would save considerable expense to the exchequer and at the same time, lead to speedy delivery of justice.
Supreme Court of India Cites 355 - Cited by 330 - J S Khehar - Full Document

M/S Godrej Sara Lee Limited vs Reckitt Benckiser Australia Pty.Ld.& ... on 29 January, 2010

• that the expression 'the High Court' ought to be given the same meaning, whether in the context of Sections 47 and 57 of the 1999 Act or in the context of Sections 91 and 92 of the 1999 Act. The term 'High Court' cannot be given different meaning for the purposes of appeals under Section 91 of the 1999 Act and for the purposes of rectification/ cancellation proceedings under Section 57 of the 1999 Act. • He submits that going by Godrej Sara Lee Limited v. Reckitt Benckiser Australia Pty Ltd14 decision of the Supreme Court, the Court ought to take an interpretation that would be the same in respect of the cancellation proceedings and appeals.
Supreme Court of India Cites 19 - Cited by 13 - A Kabir - Full Document
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