Law: Trade Mark Act, 1940

Section: 4 , 76

  Trade Marks Act (V of 1940)--- ' ----Ss. 4(2-B) & 76---Application for rectification---Exercise of jurisdiction by Assistant Registrar Trade Marks in allowing application for rectification--Validity ---Issuance of notification in terms of S.4(2-B), Trade Marks Act, 1940 being mandatory condition for exercise of jurisdiction by Assistant Registrar, same having not been fulfilled, entire proceedings which followed were illegal and suffered from want of jurisdiction---Plea of want of jurisdiction could be raised/entertained even in appeal---No notification having been issued in terms of S.4(2-B) Trade Marks Act, 1940, Assistant Registrar could not have exercised jurisdiction in respect of judicial matters, therefore, proceedings before him were not warranted by law---There being no estoppel against statute, question of jurisdiction could be raised at any stage of proceedings---Order of rectification by Assistant Registrar was set aside and case was remanded to registrar for decision afresh in accordance with law. Nestle Italiana S.I-.A. v. Beia Gitec Mtiis Ltd. and another Pi..D 1992 kar.3; Registrar of Trade Marks v. Walter Rau Neusser 01 Und Fett Au' Civil Appeal No. 135-K of 1987; PLD 1970 Kar, 537; Civil Miscellaneous Appeal No.79 of 1984; Mansab Ali v. Amir and 3 others PLD 1971 SC 124; Rashid Ahmed`v. The State PLD 1972 SC 271; Abdul Rashid v_ The Crown PLD 1951 FC 2; S,M.K. Alvi v. The Crown PLD 1953 FC 189; Gokulchand Dwarkadw Moraka v. The King PLD 1948 PC 11; Nirode Chandra Biswas and others v. The State PLD 1958 Dacca 90; F.D. Costa v.-The State PLD 1959 Dacca 744; Abdul Khaliq v. The State PLD 1963 Kar. 26; Qazi Mushtaq Ahmed v. Muhamamd Ramzan and another 1970 PCr.LJ 1181; Abdul Khaliq v. The State 1970 PCr.LJ 1189; Chief Kwame Asante Tredahone v. Chief Kwame 9 DLR 686 (PC) and Thittaranjan Cotton Mills Ltd. v. Staff Union PLD 1971 SC 1971 rel. Estoppel-_-, ----No estoppel against statute. Khalil Kazilbash for Appellant. Khawaja Manzoor Ahmed for Respondents. Date of hearing: 24th March, 1997.   JUDGMENT This is an appeal under section 76 of Trade Marks Act, 1940 directed against an order dated 31-7-1986 passed by Assistant…