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1 - 10 of 21 (0.61 seconds)Section 148 in The Trade Marks Act, 1999 [Entire Act]
The Trade Marks Act, 1999
Mahanth Ram Das vs Ganga Das on 7 February, 1961
9. The Supreme Court in Mahanth Ram Das versus Ganga
Das AIR 1961 SC 882, had examined the question whether the
courts have the inherent power to extend the time when a case
is not covered by any specific provision. In the said case time
for payment of deficient court fee as fixed had expired. The
order fixing the time was peremptory. Referring to the powers
of the Court to extend the time, when by an earlier order a
specific time limit was fixed and had expired, it was observed as
under:-
Ganesh Prasad Sah Kesari & Anr vs Lakshmi Narayan Gupta on 18 April, 1985
In Ganesh Prashad Sah Kesari versus Lakshmi Narayan
Gupta (1985) 3 SCC 53, the Supreme Court observed that
when a time is fixed or granted by a court for doing any
prescribed act or thing, the court in its discretion can enlarge
the time fixed though the period originally fixed/granted had
expired. Time once fixed, does not whittle down the discretion
of the court to further extend the time. In the said case the
question was whether a court can extend the time to enable a
tenant to deposit rent.
Shethia Mining & Manufacturing ... vs Khas Dharmaband Colliery Company Pvt. ... on 30 April, 1982
11. The Calcutta High Court in Sethia Mining & Manufacturing
Corporation Ltd versus Khas Dharmaband Colliery
Company Pvt Ltd AIR 1982 Cal. 413 examined the question
whether after passing an order fixing specific time, the court
becomes functus officio and has no jurisdiction to entertain a
WPC NOS.8801-02/2009 Page 8
prayer for extension of time. It was observed that courts in
procedural matters do pass conditional or even peremptory
orders but these orders are in terrorem for purpose of
compelling a litigant to comply with the procedure and avoid
prolongation of a suit or proceeding. It would be incorrect to
state that the court is rendered powerless to extend time
initially granted.
Marketing And Advertising Associates ... vs Telerad Private Ltd. on 13 January, 1969
Similar view has also been expressed by the
Bombay High Court in the case of Marketing and
Advertising Associates Pvt. Ltd versus Telerad Private
Ltd. (1969) 39 Comp. cases 436 (Bom). While dealing with
the Companies (Court) Rules, 1959, it was observed that in
procedural matters time granted and fixed by the court can be
extended. In the said case by a consent order, time was fixed
for payment of amounts in a petition for winding up. There was
a default.
Haridas Mafatlal Gagalbhai vs Vijayalakshmi Navinchandra Mafatlal ... on 7 August, 1956
However, referring to Rule 7 of the Company (Court)
Rules, 1959, it was observed that power of Courts to extend
time applied even to consent orders, as long as the matter is
alive and not disposed of. The Division bench quoted with
approval the following observations in Haridas Gangalbhai v
Vijayalakshmi Navinchnadra Mafatlal, Appeal No 84 of
1956:
Hukma And Ors. vs Manga And Ors. on 5 February, 2003
12. The Punjab & Haryana High Court in the case of Hukma and
others versus Manga and others AIR 2003 P&H 287
examined Sections 148 and 149 of the Code and has observed
that extension of time to pay court fee when the extended time
originally granted has expired, exists and the power to further
extend time is not exhausted.The court retains the power to
grant further extension. Time in such cases can also be
enlarged even where the first extension of time has expired.
Salem Advocate Bar Association,Tamil ... vs Union Of India on 2 August, 2005
In Kailash versus Nankhu AIR 2005 SC
2441 and Salem Advocate Bar Association, Tamilnadu
versus Union of India AIR 2005 SC 3353 it has been held
that there may be many cases where non-grant of extension
would amount to failure of justice. The object of procedural
rules is not to promote failure of justice. Procedural rules
deserve to be read down to mean that where sufficient cause
exists or events are beyond the control of a party, the Court
would have inherent power to extend the time.