Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC Sole Testimony of Prosecutrix, If Credible, Is Enough to Convict: Delhi High Court Upholds Rape Conviction Cheque Issued as Security Still Attracts Section 138 NI Act If Liability Exists on Date of Presentation: Himachal Pradesh High Court No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal Parity Cannot Be Denied by Geography: Supreme Court Holds Jharkhand Bound by Patna HC's Judgment, Orders Pay Revision for Industries Officer Once Power Flows Continuously from a Synchronized Turbine, It Is No Longer Infirm: Supreme Court Orders TANGEDCO to Pay Fixed Charges to Penna Electricity

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