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november 2011

Supreme Court of India · 2011-11-25

Rasiklal Manickchand Dhariwal & Anr vs M/S M.S.S.Food Products

Court
Supreme Court of India
Petitioner
Rasiklal Manickchand Dhariwal & Anr
Respondent
M/S M.S.S.Food Products
Author
R.M. Lodha
Bench
R.M. Lodha, Aftab Alam

Judgment text excerpt

The Supreme Court addressed the legality of an ex parte decree regarding trademark infringement under the Trade Marks Act, 1999. The Court held that the trial court's decree was invalid due to lack of proper service to the defendants, violating principles of natural justice. The Court set aside the ex parte decree and remanded the case for fresh consideration, emphasizing the necessity of fair hearing as mandated by Section 27 of the Trade Marks Act, 1999.

Rasiklal Manickchand Dhariwal & Anr vs M/S M.S.S.Food Products · Niyam