Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 59(2) 1932 Partnership Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Partnership Act, 1932: Section 59(2).Suit by unregistered firm-Maintainability of-Unregistered firm filed a suit for permanent injunction restraining the defendants from infringing its trademark-The suit was based on common law and contractual rights of the plaintiff-Defendants filed application for rejection of the plaint under O.7 R. 11 CPC on the ground that the suit was barred by S.69(2)-Held: where the suit is based on common law rights it is not barred by S.69(2)-Hence, High Court rightly dismissed the application-Code of Civil Procedure, 1908, O. 7 R.11-Trade and Merchandise Marks, Act, 1958. ''Arising from a contract''-Meaning of-Held : The words refer to a contract entered into by an unregistered firm with third-party defendants in the course of its business dealings with such third-party defendants-The words do not apply to a contract referred to in the plaint only as a historical fact.Suit by unregistered firm-Filing of-Bar under S.69(2)-Remedy against-Held : Plaintiff can withdraw the plaint with leave and file fresh suit after registration of firm subject to law of limitation-This is so even if the suit is dismissed for a formal defect in view of S.14 of the Limitation Act, 1963-Limitation Act, 1963, S.14. Trademark-Passing-off action-Filing of suit against-By unregistered firm-Held : Passing-off action is a common law action based on ton-Hence, suit can be filed by unregistered firm and is not barred by S. 69(2) of Partnership Act.Interpretation of Statutes. External Aids-Report of Special Committees-Use of- In interpreting provisions of an Act-Permissibility-Held: Permissible--Especially when the provisions are ambiguous. Words and Phrases : "Arising from a contract"-Meaning of-In the context of S.69(2) of the Partnership Act, 1932. "Other cause of like nature''-Meaning of- In the context of S.14 of the Limitation Act, 1963. |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao |
Neutral Citation | 2000 INSC 109 |
Petitioner | Haldiram Bhujiawala And Anr. |
Respondent | Anand Kumar Deepak Kumar And Anr |
SCR | [2000] 1 S.C.R. 1247 |
Judgement Date | 2000-02-28 |
Case Number | 1786 |
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