The J. K. Cotton Spinning & Weaving Mills ... vs The State Of Uttar Pradesh & Ors on 12 December, 1960
This
mechanism, i.e. Section 124(1)(a)(ii) is to be seen as a mandatory step to
ensure that litigants do not frustrate an infringement proceeding or trial in a
suit. It is thus urged that the important underlying purpose is to ensure that
the discipline of approaching the IPAB only with the permission of the
FAO (OS) 403/2012 Page 13
Court is an essential safeguard for the litigants who might be otherwise
directly approaching the IPAB and thwart the infringement action which can
independently proceed in terms of Section 125. The power under Section
124(5) in this regard was underlined. Learned counsel relied on the
proposition that the Parliament creates every provision with a purpose and
intention that each one of them should have effect and placed reliance on
The J.K. Cotton Spinning & Weaving Mills Co. Ltd. v. The State of Uttar
Pradesh and Ors. AIR 1961 SC 1170.