Supreme Court of India

Lakha Ram Sharma v. Balar Marketing Private Limited & Ors.

Neutral citation
Reported as [2013] 12 S.C.R. 735
Bench K.S. Radhakrishnan and A.K. Sikri JJ.
Decided 27 November 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that the aforesaid line of action H taken by the IPAB as well as the High Court in dismissing the LAKHA RAM SHARMA v.

Judgment, page 6

From the headnote

Trade and Merchandise Marks Act, 1958 - ss. 46 and 56 - Trade mark registered in favour of respondent no. 1 - Application of appellant for rectification of the registered Trade Mark - Dismissal of - On the ground of delay - Held: On facts, not justified - It prejudiced the rights of the appellant to have the case adjudicated on merits - Appellant was pursuing its remedy with due diligence, without brooking any delay - There was not even a slightest delay on his part in challenging the validity of the trade mark obtained by Respondent No. 1 - It is a different matter that the application was

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