requirements in Article 279A(7). Every decision flows from one common
source;
(xxxi) The GST Council is the only constitutional body which acts
Plain tiff
asserts trademark rights in the registered designs besides invoking the
common law remedy of passing off. These are self-destructive pleas ... plaint wherein suit designs h ave been
referred to as a 'source identifier', 'trademark', 'trade dress' or identifier
having a common ancestor or
origin (of languages or words) having a common source or
root (of subjects etc.) related, naturally grouped together.".
Cognate
having a common ancestor or origin (of
languages or words) having a common source or
root (of subjects etc.) related, naturally grouped
Signature Not Verified
Present suit is not maintainable as the trade name MINDA is a
common name and also the name of a village in District Nagaur ... having a common ancestor or origin (of
languages or words) having a common source or root (of
subjects etc.) related, naturally grouped together.". Cognate
being developed in a different
manner, it is manifest that the source being common,
similarities are bound to occur. In such a case the courts
second test is whether the goods are derived from a common
source. Once again, he submitted that idly and dosa batter and dairy
products ... originate from a common source. By drawing reference to
the cross examination of P.W.1 and, in particular, questions
said to be closely-linked when they emanate from
a common source being an order/contract/agreement/arrangement
and the nature, characteristics and terms ... transactions are
substantially flowing from the said common source.
First proviso to Section 92C(2) :
"92C(2). The most appropriate method referred
utilities which are
supplied from a common source which also services areas of the plant
other than R&D may be admissible, provided they
Since all these appeals emanate from common source, they were
heard together and are being disposed of by this common order. We first
take