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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. .

Citation / case number
SC 2003/4471
Court
Supreme Court of India
Petitioner
COMMNR., CENTRAL EXCISE, BANGALORE
Respondent
M/S. MEYER HEALTH CARE PVT. LTD. .
Author
MUKUNDAKAM SHARMA,ANIL R. DAVE, , ,
Bench
MUKUNDAKAM SHARMA,ANIL R. DAVE, , ,

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 the issuance of a registration certificate with retrospective effect does not confer exemption benefits under Excise Law if the trade mark was wrongfully used. The ruling emphasized the procedural requirements under the Trade Marks Act and the distinction between trade mark registration and excise law applicability.

COMMNR., CENTRAL EXCISE, BANGALORE vs M/S. MEYER HEALTH CARE PVT. LTD. . · Niyam