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Wyeth Holdings Corpn. And Anr. vs Controller General Of Patents, Desings ... on 8 August, 2006 cites

Hastimal Jain Trading As Oswal ... vs Registrar Of Trade Marks & Anr. on 8 December, 1999

17. The learned senior counsel for the petitioners also invited the attention of this Court to the Full Bench decision of the Delhi High Court in the matter of Hastimal Jaim Trading As Oswal Industries v. Registrar Of Trade Marks and Anr. reported in 2000 PTC 24 (FB). The learned senior counsel submitted that even if it is argued that the decision of the Full Bench was dealing with the provisions of 1958 Act and 1959 Rules, one of the grounds on which a similar provision like that of Sub-rule (2) of Rule 50 was held to be directory is applicable to the present case also. It was held that a 'subordinate legislation cannot travel beyond the intent of provisions of the main Act.' The learned senior counsel invited the attention of this Court to the relevant part of the Full Bench judgment wherein the Court considered this vary aspect and held that, the the concerned Rule is directory and not mandatory. The Court had also held that the Registrar has power to extend time for filing evidence even though the period mentioned in the relevant Rule or the extended period thereof has expired and even though an application for extension of time is made beyond that period.
Delhi High Court Cites 8 - Cited by 33 - S N Variava - Full Document
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