Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 – s.11 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – s.11 – Res judicata – Generalrule and its exceptions – Erroneous decision given on a statutoryprohibition in former suit – Statutory prohibition not given effect to– Plea of res judicata in subsequent suit – Held: An issue of lawwhich arises between the same parties in a subsequent suit orproceeding is not res judicata if, by an erroneous decision given ona statutory prohibition in the former suit or proceeding, the statutoryprohibition is not given effect to – On facts, respondent in order torepay dues of the bank, signed assignment deed with Bank Managerfor assignment of the trademark and after several months bankcancelled the assignment deed – Litigations between the parties,first proceeding, second proceeding – Trial court and first appellatecourt treating the statutory prohibition contained in s.45(2) of theTrade Marks Act as res judicata, was erroneous – Neither of thecourt adverted to and/or interpreted s.45, which makes it clear thatthe assignment deed, if unregistered, cannot be admitted in evidenceby any court in proof of title to the trademark by the assignment,unless the court itself directs otherwise – Thus, any reliance uponthe assignment deed by the earlier judgment cannot be sanctifiedby the plea of res judicata, when reliance upon the assignment deedis prohibited by law – Furthermore, trademark cannot be said to beproperty which has come into the possession of the bank insatisfaction or part satisfaction of any of the claims of the bank –Trademarks are not part of any security for loans or advances thathave been made to the first respondent, or connected with the same– Thus, the assignment deed clearly hit by ss.6(2) and 8 read withs.46(4) – Judgment of the trial court and first appellate court setaside – Trade Marks Act, 1999 – s.45(2) – Banking Regulation Act,1949 – ss.6(2), 8 and 46(4). |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2018 INSC 385 |
Petitioner | Canara Bank |
Respondent | N.g. Subbaraya & Anr. |
SCR | [2018] 3 S.C.R. 884 |
Judgement Date | 2018-04-20 |
Case Number | 4233 |
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