- Case number
- CMA(PT) 38/2023
- Court
- Madras High Court
- Date of judgment
- Outcome
- Remanded
Headnote
The hearing notice cited a fresh set of four prior arts, not one of which had been cited in the First Examination Report. The order then copy-pasted those objections and gave no opinion on the explanations offered in the written submissions. The rule of fairness requires the order to show that those explanations were fairly considered and discussed.
Disposition
Allowed. Impugned order set aside and the matter remanded for de novo consideration.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.