Motor Insurance Policy Covers Cross-Border Travel If Specifically Authorized By Valid Permit Under MVA: Supreme Court Petrol Pumps Act As 'Commission Agents' For Mahanagar Gas, Liable To Pay Service Tax Under Business Auxiliary Service: Supreme Court Supreme Court Refuses To Dilute 'Bangalore Water Supply' Ratio, Affirms Worker Protection Remains The Core Of Industrial Disputes Act Order XXII Rule 9(3) CPC | Application Under Section 5 Limitation Act Must Be Filed Separately To Condonate Delay In Setting Aside Abatement: Supreme Court Principle Of Parity | Supreme Court Extends Benefit Of Fixed-Term Sentence To Co-Accused Based On Remission Period Right To Catch Fish Amounts To 'Profit à Prendre' And Is Compulsorily Registrable As A Lease Under Section 17(1)(d) Registration Act: Supreme Court Supreme Court Mandates Adoption Of Guidelines To Inculcate Sensitivity And Compassion In Judicial Processes For Sexual Offences 'Last Seen' Circumstance Is Weak Without Corroboration: Supreme Court Acquits Murder Accused PSEB | Pre-Regularization Service Must Be Counted As Qualifying Service For Pensionary Benefits: Supreme Court Writ Of Quo Warranto Cannot Be Used For Redress Of Personal Grievances By Unsuccessful Candidates In Selection Process: Supreme Court 'Case Of No Investigation': Supreme Court Acquits Murder Accused Citing 'Shoddy' Police Work And Lack Of Forensic Evidence 'Status Quo Cannot Be Vacated Without Appropriate Security': Supreme Court Directs Additional ₹200 Crores Deposit In RAKIA-Matrix Case SARFAESI Act | 'Bank' As Assignee Can Invoke Recovery Measures Even If Debt Was Originally Created By Non-Notified Financial Institution: Supreme Court 'CBI Failed Miserably': Supreme Court Tears Into 'Fabricated' Case, Acquits Bank Manager In 35-Year-Old Corruption Trial Mere Delay In Tax Deposit Cannot Be Equated With Non-Payment: Supreme Court Quashes Penalty On Saudi Arabian Airlines Revisional Power Under Section 56 Karnataka Land Revenue Act Cannot Be Invoked Beyond Three-Year Limitation Period: Supreme Court Prosecution Can’t Use Known Locations To Create 'Discovery' Fiction: Supreme Court Rejects Site Plan As Evidence Irretrievable Breakdown Of Marriage And Long-Term Separation Constitute Valid Grounds For Divorce Under Section 13(1)(ib) HMA: Supreme Court 'Proof Beyond Reasonable Doubt Is A Guideline And Not A Fetish': Supreme Court Acquits Man In 2007 Murder Case Over Fragile Circumstantial Evidence Plea Of Juvenility Is A Jurisdictional Fact; High Court Must Recall Final Judgments Under Section 482 CrPC To Remedy Miscarriage Of Justice: Supreme Court SEBI | Professional Clearing Members Have No Statutory Obligation To Verify Credit/Debit Positions Of Individual Clients Of Trading Members: Supreme Court

Calcutta High Court Nullifies Orders by Unauthorized Trademark Officers: ‘Quasi-Judicial Functions Demand Proper Authority

28 August 2024 12:33 PM

By: sayum


The High Court of Calcutta has set aside orders passed by Associate Managers of Trade Marks, ruling that they lacked jurisdiction to issue such orders. The judgment, delivered by Justice Krishna Rao, focused on whether Associate Managers, appointed on a contractual basis, were authorized to perform quasi-judicial functions under the Trade Marks Act, 1999. The court remanded the matters back to the Registrar, Trade Marks, for fresh adjudication by a competent officer.

The appeals before the High Court involved Visa International Ltd. And Garden Silk Mills Private Limited, challenging orders passed by Associate Managers of Trade Marks. The appellants contended that the Associate Managers, who issued the orders beyond their contractual terms and without proper authorization, were not competent to pass such quasi-judicial orders.

Justice Rao scrutinized the appointments of Associate Managers Shraman Chattopadhyay and Saurabh Dubey. The court noted that Chattopadhyay’s contract had expired on March 31, 2023, while the impugned orders were passed on September 16, 2023. Similarly, Dubey, although appointed on June 14, 2023, lacked the necessary authorization to pass quasi-judicial orders. The court emphasized that under the Trade Marks Act, 1999, only officers specifically authorized by the Registrar could perform such functions.

Justice Rao referenced Section 3(2) of the Trade Marks Act, which stipulates that officers appointed to discharge functions of the Registrar must be authorized by the Registrar and must perform these functions independently. The court concluded that Associate Managers, appointed on a contractual basis and without explicit authorization, could not exercise quasi-judicial powers. The judgment highlighted that the Act requires quasi-judicial functions to be carried out independently and not under the superintendence or direction of any other person, including the Registrar.

“The contractual period of Mr. Shraman Chattopadhyay was only up to 31st March, 2023, but the impugned order was passed on 16th September, 2023 i.e., beyond the period of his appointment and thus the order cannot sustain and liable to be set aside,” noted Justice Rao. He further stated, “The Registrar dealing with an application under the Trade Marks Act is a quasi-judicial authority, and delegation of power under sub-section (2) of Section 3 is an administrative power. Therefore, the Associate Managers appointed under this provision are not empowered to pass quasi-judicial orders.”

The High Court’s decision underscores the necessity for proper authorization and jurisdiction in performing quasi-judicial functions under the Trade Marks Act, 1999. By setting aside the orders passed by Associate Managers, the judgment reaffirms the legal framework ensuring that only duly authorized officers can exercise such powers. This ruling is expected to impact the procedural conduct within the Trade Marks Registry, reinforcing the importance of adhering to statutory requirements for quasi-judicial proceedings.

Date of Decision: August 2, 2024

Visa International Ltd. Vs. Visa International Service Association & Anr. And Garden Silk Mills Private Limited vs. Rajesh Mallick & Ors.

Latest Legal News