Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
The petition challenges registration of a corporate name that is structurally and phonetically identical to an earlier corporate group name where the distinctive element 'REFEX' predominates. The court applied precedents requiring that business dissimilarity is not a proper basis for the Registrar/Regional Director to refuse to act; therefore the administrative refusal was held improper and set aside. The decision recognises prominence of a distinctive word across multiple group companies on the register and treats likelihood of confusion and near-identity with an earlier corporate name and registered trade mark as determinative. Petition allowed and impugned order quashed.
The petition challenges registration of a corporate name that is structurally and phonetically identical to an earlier corporate group name where the distinctive element 'REFEX' predominates. The court applied precedents requiring that business dissimilarity is not a proper basis for the Registrar/Regional Director to refuse to act; therefore the administrative refusal was held improper and set aside. The decision recognises prominence of a distinctive word across multiple group companies on the register and treats likelihood of confusion and near-identity with an earlier corporate name and registered trade mark as determinative. Petition allowed and impugned order quashed.
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