SOUTH INDIA TEXTILES Vs. GOVT OF A P

JUDGEMENT

(1.) The first petitioner is a partnership firm consisting of petitioners 2 to 5 as partners. They sought for registration of the firm under S.58(1) of the Indian Partnership Act, 1932 (Act LX of 1932) (for short 'the Act') with the name "the South India Textiles" to do business at Secunderabad as distributors of Madras Coats Limited situated at Ambasamudram, Tamilnadu State- The application was returned with a direction to delete the word 'India' from the name of the firm stating that the word 'India' is prohibited under the provisions of the Emblems and Names ( Prevention of Improper Use) Act, 1950 ( for short "the Emblems Act"). Subsequently they made a representation to the First respondent State Government on May, 2, 1979 seeking permission to use the name "the South India Textiles" By the impugned order it was negatived Assailing the legality thereof, the writ petition has been filed.

(2.) The contention of the petitioner which merits acceptance is that there is no improper use of the word 'India' in the name 'The South India Textiles' and it does not offend the Emblems Act nor offends sub-sec. (3) of S.58 of the Act.

(3.) S.58(1) of the Act enjoins registration of a firm with the Registrar of the Firms to carry on the business as a corporate person in the manner prescribed under sub-sec. (1) of S.58 of the Act. The petitioner has applied for registration of a firm under S.58 of the Act.