Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     04 December 2010

documents secured through RTI can be used during appeal: HC

Documents secured through RTI can be used during appeal: HC
( reproduced from Hindustan Times, Mumbai Edition of 04-12-2010, at page no. 06 )
 
 
In a significant ruling, the Bombay HC  said that additional documents obtained,  by a contesting party,  under the Right to Information (RTI) Act can be used during an appeal, even though they were not used at earlier stage.

 

A division bench of justices BH Marlapalle and UD Salvi recently asked the Intellectual Property Appellate Board (IPAB) to consider the additional documents sought to be tendered by Sudhir BhatiaTrading as VBhatia International.

 

VBhatia International is engaged in a legal dispute with Midas Hygiene Industries P Ltd, over the use of trade name “laxman rekha” for marketing chalk sticks used to get rid of cockroaches & lizards.  Bhatia International had approached the Intellectual Property Board challenging registration  of “laxman rekha” by Midas International as its trademark.   The board ruled against Bhatia International, which the company challenged before he IPAB. While its appeal was pending, Bhatia International acquired several documents from govt  depts through  RTI  and requested the IPAB to use these additional documents.

 

The IPAB refused to consider additional documents.  Bhatia challenged this decision before the HC.  Their counsel, argued that the company did not have the documents when the appeal was filed.  Bhatia International alleged that the documents obtained through the RTI revealed that Midas had concealed particulars and manipulated records.  Counsel for Midas, opposed the fresh documents at the appellate stage, saying  that they (documents) were irrelevant.
 



Learning

 2 Replies

DR.SANAT KUMAR DASH (Eye Specialist)     06 December 2010

Dear   Hemant,

                              It   is     a    very   Good    information   for   the    Members.   If   possible.....the     entire    JUDGMENT   may     be     secured    AND     enlighten     us.

Deekshitulu.V.S.R (B.Sc, B.L)     10 February 2011

Basically since they were obtained under RTI they have some validity. But I think they have to be proved as any other document by caling the party who issued them and compare the same with originals.  In appealsalso additional evidence canbeconsidered. In case regualr proof is required, thenthe matter has to be remanded to the lower court for fresh disposal.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register