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IP Case Digest · Constitution of India s.227

Section 227, Constitution of India: case law

4 judgments of the Rajasthan High Court, the Karnataka High Court and 1 other court applying Constitution of India s.227, from 2023–2024, each with a headnote by BRB Legal.

4judgments
3courts
2023–2024years

Sanskriti School v. India International Technical Institute

Rajasthan High Court · Dismissed

Both writ petitions allowed and the suit at Jaipur dismissed, with liberty to the plaintiff to sue afresh in a court having jurisdiction. The plaintiff's registered mark having been cancelled in December 2019, the claim for injunction and damages founded on infringement did not survive. The suit could not be continued at Jaipur on prior user and passing off instead, because the prayer was wholly based on infringement, the pleadings on prior user and passing off lacked material facts, and no cause of action on that footing arose within the territorial jurisdiction of the District Court at Jaipur, the defendant's school being at Pune. Since passing off is a recurring cause of action, the Court exercised its inherent power under section 151 CPC ex debito justitiae to dismiss the suit rather than let it continue with those defects.

M/S Sri Laxmi Balaji Industries & Anr. v. M/S Lakshmi Venkateshwar Rice Industries

Karnataka High Court · Allowed

Writ allowed, the refusal to stay the suit set aside and the application under section 124 of the Trade Marks Act granted. The trial court had considered only the proviso to section 124(1)(a) and had misdirected itself by not applying section 124(1)(b), which governs where rectification proceedings are already pending. The Court also rejected the contention that invalidity had not been pleaded: although one paragraph of the written statement did not take the point, another expressly disputed the validity of the registration, pleaded that the user claim from 1992 was unsupported by any document, and reserved liberty to seek rectification. Where rectification is pending, the suit must be stayed pending its disposal.

Kalpesh Manubhai Ramoliya v. Controller of Patents and Designs & Anr., C.O. 113 of 2023

Calcutta High Court · Disposed of

An application under Article 227 where a design cancellation application filed in November 2021 had not been taken up at all despite repeated requests and reminders, the design remaining on the Register to the petitioner's prejudice. The prayer being innocuous, it was granted without notice to the other side.

Other provisions of the Constitution of India

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