TaxTMI 
TaxTMI 
1980 (12) TMI 202
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....n 49 of the Trade and Merchandise Marks Act, 1958 (the Act) the registered proprietors and the proposed registered users jointly applied to the Registrar of Trade Marks in the prescribed form for the registration of the second petitioner as registered user of the stated trade mark or trade marks. This application was refused by the Central Government. 2. The Government issued a notice to the petitioners on their applications. The notice was substantially in the same form in all the cases. The relevant portion of the notice is as under : ''The Government of India proposes to refuse the above application on the grounds that having regard to all the circumstances of the case, the variation of registration as Re....
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....velopment of any industry, trade or commerce in India, may direct the Registrar - (a) to refuse the application; or (b) to accept the application either absolutely or subject to any conditions, restrictions or limitations which the Central Government may think proper to impose; Provided that no direction for refusing the application or for its acceptance conditionally shall be made unless the applicant has been given an opportunity of being heard." 6. The complaint in substance is that though a hearing was afforded by the Government to the petitioners, it was an empty formality because the petitioners were never informed of t....
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....e part of the decider. 8. In the second place, a losing party has a right to know why he lost his case. The requirement of reasons meets the elementary demand of those injured by the authority's decision to be told "the reason why". Reasons serve as an explanation to the parties as to the basis for the decision. 9. Thirdly, and this is the point most frequently emphasized, is the role of the reasons requirement in facilitating judicial review; without them a court cannot adequately perform its reviewing function : we must know what a decision means before the duty becomes ours to say whether it is right or wrong. If there are no reasons, in Lord Summer's famous phrase, the record "speaks" only with the 'inscrutable face of....
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....rgue their cases effectively before the Central Government in answer to the notice sent to them they must be told about the facts on which the Central Government thinks that it will be against the interests of the general public or the development of the indigenous industry to allow the application of the registered user. If the petitioners are merely asked to argue the case before the authority they cannot be expected to imagine all the possible circumstances and facts which may be in the mind of the Government and which in their opinion are prejudicial to public interests or the development of indigenous industry. The administrative authorities have therefore to be a little more articulate and explicit. They have to give reasons so that t....
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....files of these cases. 14. Therefore, we direct the respondents to give reasons of the grounds on which they propose to refuse the application. They will state why it is against | public interest and how it will hinder and not help the development of industry, if these are the two main grounds on which they propose to refuse the registration. They will give facts, circumstances and reasons in their order so that the petitioners are able to know the official view point and counter them by placing before the Government the Industries' case. After giving reasons the Government will afford an opportunity to the petitioners to state their case before the authority in all the four cases. The Government will then give its decision and reason....