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may 1953

Supreme Court of India · 1953-05-07

NATIONAL SEWING THREAD CO. LTD. vs JAMES CHADWICK & BROS. LTD.(J.& P. COATS LTD., Assignee)RE

Citation / case number
SC 1952/56
Court
Supreme Court of India
Petitioner
NATIONAL SEWING THREAD CO. LTD.
Respondent
JAMES CHADWICK & BROS. LTD.(J.& P. COATS LTD., Assignee)RE
Bench
MAHAJAN, MEHR CHAND

Judgment text excerpt

The Supreme Court held that under Section 76 of the Trade Marks Act, 1940, an appeal from the Registrar's decision lies to the High Court, which must exercise its appellate jurisdiction similarly to other appeals. The Court clarified that a judgment by a Single Judge of the High Court is appealable under Clause 15 of the Letters Patent. The ruling overruled the precedent set in Indian Electric Works v. Registrar of Trade Marks (A.I.R. 1947 Cal. 49), establishing that the High Court's powers are not limited by prior statutes. The appeal was allowed, affirming the High Court's jurisdiction in trade mark matters.

NATIONAL SEWING THREAD CO. LTD. vs JAMES CHADWICK & BROS. LTD.(J.& P. COATS LTD., Assignee)RE · Niyam