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april 2011

Supreme Court of India · 2011-04-07

Commnr., Central Excise, Bangalore vs M/S. Meyer Health Care Pvt. Ltd. & Ors

Citation / case number
AIR 2012 SC (SUPP) 154
Court
Supreme Court of India
Petitioner
Commnr., Central Excise, Bangalore
Respondent
M/S. Meyer Health Care Pvt. Ltd. & Ors
Bench
Anil R. Dave, Mukundakam Sharma

Judgment text excerpt

The Supreme Court upheld the decision of the Custom, Excise and Gold (Control) Appellate Tribunal, affirming that the respondent is entitled to the benefit of the Exemption Notification based on the Assignment Deed. The Court clarified that while the Trade Marks Act allows for retrospective registration, this principle does not apply to excise law, as established in Meghraj Biscuits Industries Ltd. v. Commissioner of C. Ex., U.P. The Court ruled that the issuance of a registration certificate with retrospective effect does not confer exemption benefits under excise law if the trademark was not owned by the respondent at the time of the alleged infringement.

Commnr., Central Excise, Bangalore vs M/S. Meyer Health Care Pvt. Ltd. & Ors · Niyam