RAMDEV FOOD PRODUCTS PVT LTD Vs. ARVINDBHAI RAMBHAI PATEL
LAWS(SC)-2006-8-82
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on August 29,2006

RAMDEV FOOD PRODUCTS PVT. LTD. Appellant
VERSUS
Arvindbhai Rambhai Patel And Ors. Respondents


Referred Judgements :-

REGISTRAR OF TRADE MARKS VS. ASHOK CHANDRA RAKHIT LIMITED [REFERRED TO]
KAVIRAJ PANDIT DURGA DUTT SHARMA IN BOTH THE APPEALS VS. NAVARATNA PHARMACEUTICAL LABORATORIES IN BOTH THE APPEALS [REFERRED TO]
K R CHINNA KRISHNA CHETTIAR VS. AMBAL AND CO MADRAS [REFERRED TO]
RUSTON AND HORNSBY LIMITED VS. ZAMINDARA ENGINEERING CO [REFERRED TO]
SOHAN LAL NARAINDAS VS. LAXMIDAS RAGHUNATH GADIT [REFERRED TO]
PARLE PRODUCTS PRIVATE LIMITED VS. J P AND CO MYSORE [REFERRED TO]
S SHANMUGAM PILLAI AND OFHERS VS. K SHANMUGAM PILLAI [REFERRED TO]
SUMAT PRASAD JAIN VS. SHEOJANAM PRASAD DEAD AND STATE OF BIHAR [REFERRED TO]
KALE VS. DEPUTY DIRECTOR OF CONSOLIDATION [REFERRED TO]
POWER CONTROL APPLIANCES SUMEET RESEARCH AND HOLDINGS VS. SUMEET MACHINES PRIVATE LIMITED :SUMEET MACHINES [REFERRED TO]
GUJARAT BOTTLING COMPANY LIMITED VS. COCA COLA CO [REFERRED TO]
DELTA INTERNATIONAL LIMITED VS. SHYAM SUNDAR GANERIWALLA [REFERRED TO]
COLGATE PALMOLIVE INDIA LIMITED VS. HINDUSTAN LEVER LIMITED [REFERRED TO]
S M DYECHEM LIMITED VS. CADBURY INDIA LIMITED [REFERRED TO]
LAXMIKANT V PATEL VS. CHETANBHAT SHAH [REFERRED TO]
MIDAS HYGIENE INDUSTRIES PRIVATE LIMITED VS. SUDHIR BHATIA [REFERRED TO]
MILMENT OFTHO INDUSTRIES VS. ALLERGAN INC [REFERRED TO]
BAKER HUGHES LTD VS. HIROO KHUSHLANI [REFERRED TO]
AMTESHWAR ANAND VS. VIRENDER MOHAN SINGH [REFERRED TO]
HARI SHANKAR SINGHANIA VS. GAUR HARI SINGHANIA [REFERRED TO]
ICICI BANK LTD VS. SIDCO LEATHER [REFERRED TO]
UNION OF INDIA VS. MILLENIUM MUMBAI BOARDCAST PVT LTD [REFERRED TO]
INDU SHEKHAR SINGH VS. STATE OF U P [REFERRED TO]
BAKER HUGHES LIMITED VS. HIROO KHUSHALANI [REFERRED TO]
PODDAR TYRES LIMITED VS. BEDROCK SALES CORPORATION LIMITED [REFERRED TO]



Cited Judgements :-

NARENDRA JAGANNATH VARMA VS. NALIN (YOGESH) JAGANNATH VARMA [LAWS(GJH)-2021-2-402] [REFERRED TO]
VMS BATHWARE PRIVATE LIMITED VS. GRAFFITI INDIA PRIVATE LIMITED [LAWS(GJH)-2018-11-62] [REFERRED TO]
VIJAYPAT SINGHANIA VS. HARI SHANKAR SINGHANIA [LAWS(BOM)-2009-10-64] [REFERRED TO]
INTERNATIONAL ASSOCIATION OF LIONS CLUBS VS. ASSOCIATION OF LIONS INDIA AND ORS. [LAWS(BOM)-2008-8-269] [REFERRED TO]
ATUL PRODUCTS LIMITED VS. V P MEHTA [LAWS(BOM)-2009-2-52] [REFERRED TO]
PRAKASHBHAI THAKOREBHAI PATEL VS. UKABHAI NARANBHAI PATEL [LAWS(GJH)-2015-3-147] [REFERRED TO]
AMIT DUBEY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-7-83] [REFERRED TO]
M/S. SAHKAR SEEDS CORPORATION VS. M/S. DHARTI SEEDS [LAWS(GJH)-2017-4-312] [REFERRED TO]
ECO MARITIME VENTURES LTD VS. ING BANK NV [LAWS(GJH)-2016-9-230] [REFERRED TO]
BLACK DIAMOND MOTORS PVT. LTD VS. BLACK DIAMOND TRACK PARTS PVT. LTD [LAWS(CHH)-2019-10-88] [REFERRED TO]
RAVI INDUSTRIES VS. GUJARAT RURAL INDUSTRIES MARKETING CORPORATION [LAWS(GJH)-2019-7-5] [REFERRED TO]
INTERNATIONAL ASSOCIATION OG LIONS CLUBS VS. ASSOCIATION OF LIONS INDIA [LAWS(BOM)-2007-6-121] [REFERRED TO]
NIRAPARA ROLLER FLOUR MILLS PVT. LTD. VS. ROSAMMA XAVIER W/O XAVIER CHACKO [LAWS(KER)-2010-5-48] [REFERRED TO]
VIMAL DAIRY LIMITED VS. GUJARAT TEA DEPOT COMPANY [LAWS(GJH)-2021-3-33] [REFERRED TO]
LAXMI MAHILA NAGRIK SAHKARI BANK MARYADIT VS. STATE OF CHHATTISGARH [LAWS(CHH)-2014-1-23] [REFERRED TO]
ABHIJIT BHIKASETH AUTI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-9-163] [REFERRED TO]
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION VS. DSL ENTERPRISES PVT LTD [LAWS(BOM)-2009-3-110] [REFERRED TO]
PARLE PRODUCTS PVT LTD VS. PARLE AGRO PVT LTD [LAWS(BOM)-2008-12-59] [REFERRED TO]
TIMBLO PRIVATE LIMITED VS. KAMALINI R PAINGUINKAR [LAWS(BOM)-2009-10-3] [REFERRED TO]
PRITHI PAUL SINGH SETHI VS. TWIST SPIN INDUSTRIES [LAWS(BOM)-2009-11-176] [REFERRED TO]
SMITHKLINE BEECHAM LTD VS. HANISH K AJMERA [LAWS(DLH)-2014-1-295] [REFERRED TO]
KALE KHAN MOHD HANIF VS. MOHD IQBAL [LAWS(MPH)-2008-11-74] [REFERRED TO]
VALE AUSTRALIA PTY LIMITED VS. STEEL AUTHORITY OF INDIA LIMITED [LAWS(DLH)-2012-3-220] [REFERRED TO]
FRIENDS OVERSEAS VS. SWADI PRODUCT U K LTD [LAWS(DLH)-2012-7-20] [REFERRED TO]
TIMKEN COMPANY VS. TIMKEN SERVICES PRIVATE LTD. [LAWS(DLH)-2013-5-440] [REFERRED TO]
ANCHOR HEALTH AND BEAUTY CARE PVT. LTD. VS. PROCTER & GAMBLE MANUFACTURING (TIANJIN) CO LTD [LAWS(DLH)-2014-5-118] [REFERRED TO]
COCA COLA COMPANY VS. NARSING RAO [LAWS(DLH)-2014-3-200] [REFERRED TO]
M/S PARIMAL MANDIR VS. BHARAT VASI SUGANDHIT DHOOP [LAWS(DLH)-2014-2-249] [REFERRED TO]
SHREE NATH HERITAGE LIQUOR PVT LTD VS. ALLIED BLENDER & DISTILLERS PVT LTD [LAWS(DLH)-2015-7-13] [REFERRED TO]
EATON CORPORATION VS. BCH ELECTRIC LIMITED [LAWS(DLH)-2013-7-25] [REFERRED TO]
UNITED BIOTECH PVT LTD VS. ORCHID CHEMICALS & PHARMACEUTICALS LTD [LAWS(DLH)-2012-5-383] [REFERRED TO]
GHULAM MOHAMMAD WANI AND ANOTHER VS. ALI MOHAMMAD GANAIE AND OTHERS [LAWS(J&K)-2018-8-7] [REFERRED TO]
NEW HOPE FOOD INDUSTRIES P LIMITED VS. PIONEER BAKERIES P LIMITED [LAWS(MAD)-2007-12-105] [REFERRED TO]
CONSOLIDATED CONTRACTORS VS. CONSOLIDATED CONSTRUCTION CONSORTIUM LTD [LAWS(DLH)-2012-8-179] [REFERRED TO]
SELEX SISTEMI INTEGRATI VS. UNION OF INDIA [LAWS(DLH)-2011-9-162] [REFERRED TO]
KJSL-Utkal (JV), a joint venture of M/s.Karamjeet Singh & Co.Ltd.,M/s.Utkal Highways VS. Mahanadi Coalfields Ltd. [LAWS(ORI)-2007-10-37] [REFERRED TO]
KESHAV KUMAR AGGARWAL VS. NIIT LTD [LAWS(DLH)-2013-3-164] [REFERRED TO]
MORGARDSHAMMAR AB VS. MORGARDSHAMMAR INDIA PVT LTD [LAWS(DLH)-2012-1-20] [REFERRED TO]
RASIKLAL MANIKCHAND DHARIWAL AND DHARIWAL INDUSTRIES VS. M S S FOOD PRODUCTS [LAWS(MPH)-2008-8-55] [REFERRED TO]
CHAMPAGNE MOET AND CHANDON VS. UNION OF INDIA [LAWS(DLH)-2011-9-252] [REFERRED TO]
DRS LOGISTICS P LTD VS. DRS DILIP ROADLINES PVT LTD [LAWS(DLH)-2011-9-202] [REFERRED TO]
ALLIED BLENDERS & DISTILLERS PVT. LTD. VS. SHREE NATH HERITAGE LIQUOR PVT. LTD. [LAWS(DLH)-2014-7-17] [REFERRED TO]
CARREFOUR VS. V SUBBURAMAN [LAWS(MAD)-2007-4-6] [REFERRED TO]
LOHIA AUTO INDUSTRY VS. LOFIA STARLINGER LTD [LAWS(ALL)-2009-8-49] [REFERRED TO]
STAR RESTAURANT PVT. LTD VS. ADAAB HOTELS LTD [LAWS(DLH)-2012-12-54] [REFERRED TO]
NEO FOODS PVT. LTD. VS. NEO MILK PRODUCTS PVT. LTD. [LAWS(DLH)-2014-1-9] [REFERRED TO]
MOHAN MEAKIN LIMITED VS. A.B. SUGARS LIMITED [LAWS(DLH)-2013-10-115] [REFERRED TO]
DABUR INDIA LTD. VS. REAL DRINKS PVT. LTD. [LAWS(DLH)-2014-1-7] [REFERRED TO]
L.T. FOODS LTD. VS. SUNSTAR OVERSEAS LTD. & ANR. [LAWS(DLH)-2012-3-727] [REFERRED TO]
NEO MILK PRODUCTS PRIVATE LIMITED VS. NEO FOODS PRIVATE LIMITED [LAWS(DLH)-2014-3-279] [REFERRED TO]
PARIMAL MANDIR VS. BHARAT VASI SUGANDHIT DHOOP & ORS [LAWS(DLH)-2014-2-473] [REFERRED]
ALLIED BLENDERS AND DISTILLERS P. LTD. VS. SENTINO BIO PRODUCTS P. LTD. AND ANOTHER [LAWS(DLH)-2014-7-392] [REFERRED TO]
VARIETY DRY FRUIT STORES VS. VARIETY AGENCIES [LAWS(APH)-2010-3-97] [REFERRED TO]
JAGDISH SWEETS AND FARSAN VS. JAGDISH FOODS PVT LTD [LAWS(GJH)-2007-2-4] [REFERRED TO]
C.S. AGENCIES VS. KALAIMAHAL [LAWS(KER)-2015-2-149] [REFERRED TO]
R N BHAGAT VS. BHAGAT KETING CORP [LAWS(GJH)-2007-2-53] [REFERRED TO]
WESTERN REGIONAL LOAD DESPATCH CENTRE VS. SASAN POWER LIMITED [LAWS(APTE)-2014-8-1] [REFERRED TO]
M/S. A.H. PRODUCTS, 5 VS. M/S. GANGA CONTAINERS, 19 [LAWS(APH)-2016-9-36] [REFERRED TO]
G S LAMBA AND SONS VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2011-1-24] [REFERRED TO]
SWAGATH MOTELS PRIVATE LIMITED VS. HOTEL SWAGATH [LAWS(APH)-2019-3-52] [REFERRED TO]
ALKEM LABORATORIES LTD VS. MEGA INTERNATIONAL P LTD [LAWS(DLH)-2009-9-68] [REFERRED TO]
SABH INFRASCTRUCTURES LTD VS. JAY SHREE BAGLEY [LAWS(DLH)-2009-12-83] [REFERRED TO]
R R PROTEINS AND AGRO LTD VS. HARI SHANKAR SINGHANIA [LAWS(CAL)-2010-8-171] [REFERRED TO]
B S N L VS. SUBASH CHANDRA KANCHAN [LAWS(SC)-2006-9-57] [REFERRED TO]
UNITED SPIRITS LIMITED VS. HENKEL INDIA LIMITED [LAWS(MAD)-2012-11-198] [REFERRED TO]
KAMDHENU ISPAT LTD VS. KAMDHENU INDUSTRIES LTD [LAWS(DLH)-2010-5-138] [REFERRED TO]
CROMPTON GREAVES LIMITED REP BY ITS SENIOR EXECUTIVE LEGAL AND CONSTITUTED ATTORNEY MR D KARTHIK CHENNAI VS. SALZER ELECTRONICS LIMITED SAMICHETTIPALAYAM JOTHIPURAM POST COIMBATORE [LAWS(MAD)-2011-7-189] [REFERRED TO]
KIRORIMAL KASHIRAM MARKETING AND AGENCIES PVT LTD VS. SITA CHAWAL UDYOG MILL TOLLY VILL [LAWS(DLH)-2010-8-277] [REFERRED TO]
INDIAN EXPRESS LIMITED VS. EXPRESS PUBLICATIONS MADURAI LIMITED [LAWS(DLH)-2011-10-56] [REFERRED TO]
NESTLE INDIA LIMITED VS. MOOD HOSPITALITY PRIVATE LIMITED [LAWS(DLH)-2010-2-206] [REFERRED TO]
SUBHASH CHANDRA VS. DELHI SUBORDINATE SERVICES SELECTION BOARD [LAWS(SC)-2009-8-124] [REFERRED]
NEW HOWRAH BAKERY BAPUJI PRIVATE LIMITED VS. PRATYOSH KUMAR JANA [LAWS(CAL)-2008-2-73] [REFERRED TO]
SCHERING CORPORATION VS. ALKEM LABORATORIES LTD [LAWS(DLH)-2008-7-122] [REFERRED TO]
SARA INTERNATIONAL LTD VS. ARAB SHIPPING CO P LTD [LAWS(DLH)-2009-1-91] [REFERRED TO]
ITC LIMITED VS. PHILIP MORRIS PRODUCTS [LAWS(DLH)-2010-1-180] [REFEERRED TO V : 2006(33) PTC 281]
COTHAS COFFEE CO. VS. COTHA ASSOCIATES AND ORS. [LAWS(KAR)-2017-7-104] [REFERRED TO]
GLOSOFT TECHNOLOGIES PRIVATE LIMITED VS. SQUADRA EDUCATION PRIVATE LIMITED [LAWS(MAD)-2012-10-105] [REFERRED TO]
TOYOTA JIDOSHA KABUSHIKI KAISHA VS. DEEPAK MANGAL [LAWS(DLH)-2010-3-8] [REFERRED TO]
HIMALAYA DRUG CO VS. SBL LIMITED [LAWS(DLH)-2010-6-58] [REFERRED TO]
S NARENDRA KUMAR VS. EVEREST BEVERAGES AND FOODS INUDSTRIES [LAWS(DLH)-2008-7-39] [REFERRED TO]
SUPER CASSETTES INDUSTRIES LTD VS. PUNIT GOENKA [LAWS(DLH)-2009-8-1] [REFERRED TO,AT PAGE 753;]
T V VENUGOPAL VS. USHODAYA ENTERPRISES LTD [LAWS(SC)-2011-3-18] [REFERRED TO]
ANSUL INDUSTRIES VS. SHIVA TOBACCO COMPANY [LAWS(DLH)-2007-1-98] [REFERRED TO]
G M MODULAR PVT LTD VS. TM MARKETING INDIA [LAWS(DLH)-2007-7-95] [REFERRED TO]
SUNITHA VENKATRAM AND ORS. VS. DIVYA RAYAPATI [LAWS(MAD)-2015-3-446] [REFERRED TO]
BLUE HILL LOGISTICS PRIVATE LTD VS. ASHOK LEYLAND LIMITED [LAWS(MAD)-2011-5-7] [REFERRED TO]
SSG PHARMA PVT LTD VS. AMAR NATH [LAWS(DLH)-2007-5-41] [REFERRED TO]
SCHERING CORPORATION VS. GETWELL LIFE SCIENCES INDIA PVT LTD [LAWS(DLH)-2008-7-124] [REFERRED TO]
NOVARTIS AG VS. CREST PHARMA PVT LTD [LAWS(DLH)-2009-7-46] [REFERRED TO]
ATUL RAWAL VS. S.B. EQUIPMENTS [LAWS(DLH)-2010-4-171] [REFERRED TO]
THALAPPAKATTU BIRIYANI AND FAST FOOD VS. THALAPPAKATTI NAIDU ANANDA VILAS BIRIYANI HOTEL [LAWS(MAD)-2011-8-211] [REFERRED TO]
JEFFREY MATHURANAYAGAM VS. ASHA [LAWS(MAD)-2011-4-632] [REFERRED TO]
SH SATISH CHAND KAPOOR VS. FINANCIAL COMMISSIONER DELHI [LAWS(DLH)-2010-9-90] [REFERRED TO]
RAM KRISHNA AND SONS CHARITABLE TRUST LTD VS. IILM BUSINESS SCHOOL [LAWS(DLH)-2008-11-63] [REFERRED TO]
SUPER CASSETTES INDUSTRIES LTD VS. UNION OF INDIA [LAWS(DLH)-2010-4-68] [REFERRED TO]
JAYESH KANAIYA LAL SHUKLA MANAGING DIRECTOR OF PARTH PARENTERAL P LTD VS. RFCL LTD [LAWS(DLH)-2010-5-71] [REFERRED TO]
SONY KABUSHIKI KAISHA VS. MAHALUXMI TEXTILE MILLS [LAWS(CAL)-2009-2-6] [REFERRED TO]
PRATYUSH KUMAR JANA VS. NEW HOWRAH BAKERY BAPUJI PRIVATE LTD [LAWS(CAL)-2008-4-53] [REFERRED TO]
CHAMPAGNE MOET AND CHANDON VS. UNION OF INDIA [LAWS(DLH)-2011-5-64] [REFERRED TO]
GOENKA INSTITUTE OF EDUCATION AND RESEARCH VS. ANJANI KUMAR GOENKA [LAWS(DLH)-2009-5-6] [REFERRED TO]
COTHAS COFFEE CO VS. COTHA ASSOCIATES [LAWS(KAR)-2017-7-186] [REFERRED TO]
BABULAL BADRIPRASAD VARMA VS. SURAT MUNICIPAL CORPORATION [LAWS(SC)-2008-5-215] [REFERRED TO]
SCHERING CORPORATION VS. ALKEM LABORATORIES LTD [LAWS(DLH)-2009-12-199] [REFERRED TO]
CONSIM INFO PVT. LTD VS. GOOGLE INDIA PVT. LTD [LAWS(MAD)-2012-9-46] [REFERRED TO]
COGENT VENTURES (INDIA) LTD VS. RAJ KARAN [LAWS(DLH)-2010-10-176] [REFERRED TO]
BEIERSDORF A.G. VS. AJAY SUKHWANI [LAWS(DLH)-2008-11-184] [REFERRED TO]
SOHAN LAL NEM CHAND JAIN VS. TRIDENT GROUP [LAWS(DLH)-2011-10-148] [REFERRED TO]
SHARMA AYURVED PRIVATE LIMITED VS. B.N. SHARMA AYURVED PRIVATE LIMITED [LAWS(ORI)-2019-11-5] [REFERRED TO]
DOLA RAM & OTHERS VS. GANGA SINGH & OTHERS [LAWS(HPH)-2016-11-86] [REFERRED TO]
QRG ENTERPRISES VS. SURENDRA ELECTRICALS [LAWS(DLH)-2007-9-167] [REFERRED TO]
BHAGWAN KRISHAN GUPTA VS. PRABHA GUPTA [LAWS(SC)-2009-2-125] [REFERRED TO]
NORTH DELHI POWER LIMITED VS. GOVT OF NATIONAL CAPITAL TERRITORY OF DELHI [LAWS(SC)-2010-5-12] [REFERRED TO]
ORCHID CHEMICALS & PHARMACEUTICALS LTD. VS. WOCKHADT LIMITED [LAWS(MAD)-2013-4-178] [REFERRED TO]
VIRENDER CHAUDHARY VS. BHARAT PETROLEUM CORPORATION [LAWS(SC)-2008-11-95] [REFERRED TO]
MOHAN OVERSEAS P LTD VS. GOYAL TIN ALIAS GENERAL INDUSTRIES [LAWS(DLH)-2009-11-156] [REFERRED TO]
ROHTAS GOEL VS. SOMAY NAYAK [LAWS(DLH)-2010-10-66] [REFERRED TO]
UNITED BIOTECH PVT LTD VS. ORCHID CHEMICALS AND PHARMACEUTICALS LTD [LAWS(DLH)-2011-7-77] [REFERRED TO]
SUMITOMO CHEMICAL INDIA PVT LTD VS. UNION OF INDIA [LAWS(DLH)-2010-7-367] [REFERRED TO]
ARAVIND LABORATORIES VS. MODICARE ALI TOWERS [LAWS(MAD)-2011-7-243] [REFERRED TO]
F HOFFMANN-LA ROCHE LTD VS. CIPLA LIMITED [LAWS(DLH)-2008-3-51] [REFERRED TO]
EXXON MOBIL CORPORATION AND ANR VS. P K SEN [LAWS(CAL)-2018-9-85] [REFERRED TO]
MAHESHKUMAR KARAMCHAND TALREJA VS. STATE OF GUJARAT THROUGH SECRETARY [LAWS(GJH)-2012-3-10] [REFERRED TO]
CROMPTON GREAVES LTD VS. MADANLAL MUNSHIRAM AGRAWAL AND ORS [LAWS(GJH)-2013-8-101] [REFERRED TO]
ITC LIMITED VS. WHOLE LEAF TOBACCO VENTURE PVT LTD AND OTHERS [LAWS(CAL)-2019-2-59] [REFERRED TO]
SHAMBHU NATH & BROTHERS & ORS VS. IMRAN KHAN [LAWS(CAL)-2018-10-12] [REFERRED TO]
ARCHON POWERINFRA INDIA PRIVATE LIMITED VS. INDIAN OIL CORPORATION [LAWS(CAL)-2021-6-43] [REFERRED TO]
HIMANSHU B SHETH VS. HITEN CHANDRAVADAN PATEL POWER OF ATTORNEY HOLDER AND MANAGER [LAWS(GJH)-2009-8-4] [REFERRED TO]
HARSHADKUMAR KANTILAL BHALODWALA VS. ISHWARBHAI CHANDUBHAI PATEL [LAWS(GJH)-2009-9-2] [REFERRED TO]
SHARMA AYURVED PRIVATE LIMITED VS. B.N. SHARMA AYURVED PRIVATE LIMITED [LAWS(CAL)-2019-11-23] [REFERRED TO]
RUPAK GUPTA VS. BIRENDRA KUMAR [LAWS(ALL)-2014-5-484] [REFERRED TO]
MESSRS ANANT OIL INDUSTRIES VS. MESSRS NEW NANDI SEEDS CORPORATION [LAWS(GJH)-2009-6-180] [REFERRED TO]
MESSRS ANANT OIL INDUSTRIES VS. MESSRS NEW NANDI SEEDS CORPORATION [LAWS(GJH)-2009-6-180] [REFERRED TO]
TORRENT ENERGY LIMITED VS. STATE OF GUJARAT [LAWS(GJH)-2014-4-50] [REFERRED TO]
DILIPBHAI AMBALAL BHATIYA HUF SATTELLITE TENNIS CLUB VS. SHREYASH PRATISTHAN YANE SHREYASH FOUDATION SANTHA, CHA [LAWS(GJH)-2011-8-272] [REFERRED TO]
SONY KABUSHIKI KAISHA VS. MAHALUXMI TEXTILE MILLS [LAWS(CAL)-2020-2-164] [REFERRED TO]
KIRAN KRISHNAKANT MAJMUDAR VS. AEKADASHI ENTERPRISE THROUGH BIPINCHANDRA SHANTILAL [LAWS(GJH)-2012-11-12] [REFERRED TO]
SKIPPER LIMITED VS. AKASH BANSAL & ORS. [LAWS(CAL)-2017-8-56] [REFERRED TO]
GARWARE WALL ROPES LTD VS. TECHFAB INDIA [LAWS(GJH)-2008-4-60] [REFERRED TO]
PARTH PARENTERAL PVT LTD VS. RFCL LIMITED [LAWS(GJH)-2011-2-78] [REFERRED TO]
M/S TAEGU TEC LIMITED VS. M/S. T.T. INDUSTRIES & OTHERS [LAWS(IP)-2013-3-6] [REFERRED TO]
M/S. ASHWATHA DEVELOPERS VS. SHREE VARDHAMAN STANAKVASI JAIN [LAWS(BOM)-2016-3-7] [REFERRED TO]
S M K A ENTERPRICES VS. SUCHITA INDUSTRIES [LAWS(KAR)-2007-7-67] [REFERRED TO]
FUTURE LOGISTICS PVT LTD VS. FUTURE LOGISTICS SOLUTIONS PVT LTD [LAWS(MAD)-2009-6-200] [REFERRED TO]
UNICHEM LABORATORIES LTD. VS. IPCA LABORATORIES LTD. AND ANR. [LAWS(BOM)-2011-1-196] [REFERRED TO]
VANITA DILIP CHAWLA VS. FRESH MEALS INDIA PRIVATE LTD [LAWS(BOM)-2010-8-40] [REFERRED TO]
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD VS. DATAR SWITCHGEAR LIMITED [LAWS(BOM)-2013-10-107] [REFERRED TO]
KALPATARU PROPERTIES PVT. LTD. VS. KALPATARU BUILDTECH CORP. LTD. AND ORS. [LAWS(BOM)-2015-6-302] [REFERRED TO]
ASHWATHA DEVELOPERS AND ORS VS. VARDHAMAN STANAKVASI JAIN AND ORS [LAWS(BOM)-2016-3-219] [REFERRED]
SWAMI SAMARTH AGENCIES AND ORS. VS. MAULI CHEMICALS INDUSTRIES [LAWS(BOM)-2016-2-43] [REFERRED TO]
ZARI VS. ZARI SILK INDIA PVT. LTD [LAWS(RAJ)-2014-4-138] [REFERRED TO]
VINOD KUMAR SAINI AND ORS. VS. RAM GOPAL MODI [LAWS(RAJ)-2014-12-113] [REFERRED TO]
SAJEEV KUMAR VS. RAJEEV [LAWS(KER)-2020-7-155] [REFERRED TO]
T.BEENA VS. SEEMATTI [LAWS(KER)-2020-3-641] [REFERRED TO]
PERRY BEVERAGES INDIA PRIVATE LIMITED; HEMANT CHANDIRAMANI VS. BHARAT CHANDIRAMANI S/O BHOJRAJ CHANDIRAMANI [LAWS(RAJ)-2016-9-207] [REFERRED]
RAMESH CHANDRA SHARMA VS. STATE OF U.P. [LAWS(ALL)-2017-7-100] [REFERRED TO]
SUBHAS CHAND VS. MAHESH CHANDRA AGRAWAL [LAWS(ALL)-2017-5-140] [REFERRED TO]
HAR PAL SINGH VS. STATE OF U.P. THRU PRIN. SECY. DEPTT. OF ADMINISTRATIVE [LAWS(ALL)-2017-7-50] [REFERRED TO]
RADHABARI TEA COMPANY PVT LTD VS. MRIDUL KUMAR BHATTACHARJEE [LAWS(GAU)-2009-12-7] [REFERRED TO]
SHREE GANESH ROLLING MILLS (INDIA) LTD VS. JINDAL ROLLING MILL LTD. [LAWS(DLH)-2020-6-48] [REFERRED TO]
BHARAT BIOTECH INTERNATIONAL LTD. VS. OPTIVAL HEALTH SOLUTIONS PVT. LTD. [LAWS(DLH)-2020-5-93] [REFERRED TO]
TURNING POINT INSTITUE PRIVATE LIMITED VS. M/S TURNING POINT [LAWS(DLH)-2017-8-2] [REFERRED TO]
DELHI PUBLIC SCHOOL SOCIETY VS. D.P.S. WORLD FOUNDATION AND ANR. [LAWS(DLH)-2016-4-563] [REFERRED TO]
DPS WORLD FOUNDATION VS. DELHI PUBLIC SCHOOL SOCIETY [LAWS(DLH)-2017-4-17] [REFERRED TO]
JOHN HART JR VS. MUKUL DEORA [LAWS(DLH)-2021-1-68] [REFERRED TO]
MANIYARI HOTELS PVT LTD VS. AIHAANA ACHARIYA SHARMA [LAWS(BOM)-2021-7-60] [REFERRED TO]
CARLSBERG BREWERIES A/S VS. SOM DISTILLERIES AND BREWERIES LIMITED [LAWS(DLH)-2017-5-166] [REFERRED TO]
NUVOCO VISTAS CORPORATION LIMITED VS. JK LAKSHMI CEMENT LIMITED [LAWS(DLH)-2019-4-310] [REFERRED TO]
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JUDGEMENT

- (1.) Interpretation of the provisions of the Trade and Merchandise Marks Act, 1958 (for short "the 1958 Act") arises for consideration in these appeals arising out of a judgment and order dated 08.05.2003 passed by the High Court of Gujarat at Ahmedabad.
(2.) The appellant is a Company incorporated under the Companies Act, 1956. The other parties to these appeals were/are its Directors. 2.1. In the year 1965, one Rambhai Patel started a business of grinding and selling spices under the name and style of 'Ramdev'. He had three sons and two daughters, Arvindbhai, Hasmukhbhai and Pravinbhai were his sons. A partnership firm was constituted in the year 1975. It applied for registration of the trade mark 'Ramdev', which was granted on 03.01.1986 being Trade mark No.447700. Another partnership deed was executed in supersession of the earlier partnership deed wherein new partners were inducted. On 06.01.1989, the appellant-Company was incorporated whereby and whereunder the pattern of shareholding amongst the three brothers was : Arvindbhai Group (40%); Hasmukhbhai Group (30%); and Pravinbhai Group (30%). The registered trade mark was assigned by 'Ramdev Masala Stores' in favour of the appellant by a deed dated 20.05.1990. However, by the said deed the goodwill was not assigned. The trade mark together with the goodwill was assigned in favour of the appellant-Company by another deed of assignment dated 20,05.1992. A 'user' agreement was also entered into by the same parties permitting the firm 'M/s. Ramdev Masala Stores' to use the said trade mark subject to the terms and conditions stipulated therein. Another partnership firm being 'Ramdev Masala' was started on 01.04.1991 for carrying on the trade of grinding and trading of masalas. A user agreement was also entered into by and between the appellant-Company and the said firm permitting the latter to use the registered trade mark for seven years, i.e. from 01.04.1991 to 31.03.1998 in terms whereof it was stipulated "3. AND WHEREAS the User is a firm registered under the Indian Partnership Act and wishes to use in the city of Ahmedabad except the area of Naroda City of Ahmedabad and district Mehsana, Gujarat State (India) registered proprietors ( ) aforesaid registered Trade Mark (hereinafter referred to as "the said Trade Mark") in respect of the said, goods." User restrioted to the cities of Ahmedabad and Mehsana; 4(C) That the User will continue to use the said mark only so long as he manufactures his goods in accordance with the terms and specifications devised by the Registered Proprietor. 4(E) That within the terms of this agreement and thereafter the User will not acquire any right to the said mark by any s means whatsoever except in accordance with law. 4(G) That the User covenants not to use the said Trade Mark in the advertisement, journal label and/ or other documents in such a manner that the said Trade Mark may in any way be diluted in respect of distinctiveness of validity if necessary and indication either usually, phonetically may be given to the purchasing public to the extent that the User uses the said mark by way of permitted use only." 2.2. Indisputably, the firm' Ramdev Masala Stores' was dissolved on 04.11.1991. Yet again a new partnership firm came into being under the name and style of 'Ramdev Exports'. The said partnership firm was constituted for the purpose of export of spices manufactured by the appellant-Company. 2.3. It is not in dispute that the business of manufacturing and selling of spices under the trade name of 'Ramdev' was being run by the three brothers through the appellant-Company. 2.4. Another partnership firm being 'Ramdev Masala' was being run through seven outlets for retail sale of the products of the company. 2.5. It is also not in dispute that both the firms 'Ramdev Masala' and 'Ramdev Exports' had distinct and separate existence. Their areas of operation were also different. The respective roles assigned to each of the partnership firm had clearly been specified in their respective partnership deeds. Whereas M/s. Ramdev Masala was allowed to manufacture and trade in spices, the business of M/s. Ramdev Exports was limited to export of the spices manufactured by the appellant-Company. Yet again, the partnership deed of Ramdev Masala was amended on 01.04.1995; in terms whereof the business of the said firm was confined only to trading in spices manufactured by the appellant-Company. In other words, the respective businesses under the partnership deeds of the said firms are stated to be as under: a. Type of business of Ramdev Masala under the first partnership deed was grinding and selling of spices. b. Type of business of M/s. Ramdev Masala under the second partnership deed was trading in spices. c. The business of M/s. Ramdev Exports was exporting the goods manufactured by the appellant-Company.
(3.) Disputes and differences having arisen between the members of the family and in particular between the three brothers, the same was settled by their well-wishers, pursuant whereto and in furtherance whereof a Memorandum of Understanding (MOU) was executed by and between the parties, to which we would advert to a little later.;


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