https://www.taxtmi.com/caselaws?id=461193 A takeover of management under the Textile undertakings (Taking Over of Management) Act, 1983 did not, by itself, divest the registered proprietor of trade mark rights or transfer those marks to the Custodian. In the absence of any specific statutory provision and without transmission or assignment being registered under the Trade and Merchandise Marks Act, 1958, prosecution of the registered owners for using their own trade marks under Sections 78 and 79 was legally unsustainable. The note also states that the High Court may exercise Article 227 and Section 482 jurisdiction at the investigation stage where the complaint raises a pure legal challenge and continuation of proceedings would cause unnecessary harassment or abuse of process. en-us Tue, 27 Nov 1990 00:00:00 +0530 Thu, 20 Mar 2025 10:50:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=461193 A takeover of management under the Textile undertakings (Taking Over of Management) Act, 1983 did not, by itself, divest the registered proprietor of trade mark rights or transfer those marks to the Custodian. In the absence of any specific statutory provision and without transmission or assignment being registered under the Trade and Merchandise Marks Act, 1958, prosecution of the registered owners for using their own trade marks under Sections 78 and 79 was legally unsustainable. The note also states that the High Court may exercise Article 227 and Section 482 jurisdiction at the investigation stage where the complaint raises a pure legal challenge and continuation of proceedings would cause unnecessary harassment or abuse of process. Case-Laws Indian Laws Tue, 27 Nov 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=461193