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    <title>1998 (11) TMI 685 - GUJARAT HIGH COURT</title>
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    <description>A rectification application under the Trade and Merchandise Marks Act, 1958 filed in the HC was held to be an application to a court for Limitation Act purposes, so the residuary Article 137 applied and the application was time-barred because the claimant had become a person aggrieved when the infringement dispute and validity challenge had crystallised. The Court further treated Sections 107 and 111 as a complete scheme for invalidity pleas in infringement suits: once the plea was raised but not pursued through the statutory rectification process within time, it was regarded as abandoned. On that basis, an independent later rectification application was not maintainable.</description>
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    <pubDate>Wed, 25 Nov 1998 00:00:00 +0530</pubDate>
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      <title>1998 (11) TMI 685 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=198676</link>
      <description>A rectification application under the Trade and Merchandise Marks Act, 1958 filed in the HC was held to be an application to a court for Limitation Act purposes, so the residuary Article 137 applied and the application was time-barred because the claimant had become a person aggrieved when the infringement dispute and validity challenge had crystallised. The Court further treated Sections 107 and 111 as a complete scheme for invalidity pleas in infringement suits: once the plea was raised but not pursued through the statutory rectification process within time, it was regarded as abandoned. On that basis, an independent later rectification application was not maintainable.</description>
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      <pubDate>Wed, 25 Nov 1998 00:00:00 +0530</pubDate>
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