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february 2000

Supreme Court of India · 2000-02-28

Haldiram Bhujiawala And Anr vs Anand Kumar Deepak Kumar And Anr

Citation / case number
AIR 2000 SUPREME COURT 1287
Court
Supreme Court of India
Petitioner
Haldiram Bhujiawala And Anr
Respondent
Anand Kumar Deepak Kumar And Anr
Author
M. Jagannadha Rao
Bench
M. Jagannadha Rao, A.P. Misra

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellants' appeal under Order 7 Rule 11 CPC, affirming that the plaintiffs' partnership was not registered at the time of filing the suit, rendering the plaint defective. The Court clarified that the subsequent registration of the partnership did not cure the initial defect as per the provisions of the Indian Partnership Act. The Court held that the plaintiffs could not maintain the suit for infringement of trademark due to the lack of legal standing at the time of filing.

Haldiram Bhujiawala And Anr vs Anand Kumar Deepak Kumar And Anr · Niyam