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Ramdev Food Products Pvt. Ltd vs Arvindbhai Rambhai Patel & Ors on 29 August, 2006 cites

Hari Shankar Singhania & Ors vs Gaur Hari Singhania & Ors on 4 April, 2006

It is now a well-settled principle of law that a document must be construed having regard to the terms and conditions as well as the nature thereof. [Union of India v. M/s. Millenium Mumbai Broadcast Pvt. Ltd. 2006 (5) SCALE 44] MOU We may proceed on the basis that the MOU answers the principles of family settlement having regard to the fact that the same was actuated by a desire to resolve the disputes and the courts would not easily disturb them as has been held in S. Shanmugam Pillai and Others v. K. Shanmugam Pillai and Others [(1973) 2 SCC 312], Kale and Others v. Deputy Director of Consolidation and Others [(1976) 3 SCC 119] and Hari Shankar Singhania & Ors. v. Gaur Hari Singhania & Ors. [JT 2006 (4) SC 251].
Supreme Court of India Cites 19 - Cited by 132 - A R Lakshmanan - Full Document

Icici Bank Ltd vs Sidco Leathers Ltd. & Ors on 28 April, 2006

NON-OBSTANTE PROVISIONS The non-obstante nature of a provision although may be of wide amplitude, the interpretative process thereof must be kept confined to the legislative policy. A non-obstante clause must be given effect to, to the extent the Parliament intended and not beyond the same. [See ICICI Bank Ltd. v. Sidco Leathers Ltd. & Ors., 2006 (5) SCALE 27] The question which also escaped the attention of the High Court was that having regard to the non-obstante clause contained in the 1958 Act ordinarily for any purpose, the trade mark cannot be infringed. If an infringement of trade mark is established, the onus would be on the defendants to show that he is entitled thereto either by reason of acquiescence on the part of the owner of the registered trade mark or he himself has acquired a right thereto. The Provisions of the Standards of Weights and Measures Act or the Prevention of Food Adulteration Act do not confer such right. Yet again, significantly, a pre-emptive right had been conferred in favour of the first respondent which is itself suggestive of the fact that the first respondent admitted and acknowledged the right of the appellant to the said trade mark.
Supreme Court of India Cites 33 - Cited by 111 - S B Sinha - Full Document
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