- Court
- Calcutta High Court
- Date of judgment
- Judge
- Krishna Rao IPDTMA
- Outcome
- Remanded
Headnote
Three appeals allowed, the opposition orders set aside and the matters remanded to the Registrar to be decided by a competent officer. The orders had been passed by Associate Managers of Trade Marks engaged on contract. The Court held that the Registrar's function under the Trade Marks Act is quasi-judicial, that the power to delegate under section 3(2) is a power to delegate administrative functions only, since quasi-judicial functions must be performed independently and not under the superintendence or direction of anyone, and that Associate Managers so appointed are not empowered to pass quasi-judicial orders. No post of Associate Manager appears in the 2011 Recruitment Rules. In two of the appeals the officer's own engagement letter showed his term had expired before the date of the order.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.