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1970 Supreme(P&H) 9

MAN MOHAN SINGH GUJRAL
Shiv Dayal – Appellant
Versus
Sohan Lal Bassar – Respondent


Judgment

1. These are three references by the Additional Sessions Judge, Jullundur, by three separate orders dated 5th August, 1968, recommending that in one case the order of the Judicial Magistrate First Class, Jullundur, dated 21st August, 1967, and in other two cases the order of the Judicial Magistrate First Class, Phillaur, dated 22nd May, 1968, whereby search warrants for taking possession of trade marks, bill books, etc., were issued, be quashed. As all these references involve common questions of law and fact and the cases out of which these references have arisen relate to the same parties, the present order will dispose of all the three references.

2. The facts giving rise to these references have been stated in detail in the referring orders and are not in dispute. Bakshi Ram and his two brothers Shiv Dayal and Kishan Chand were joint owners of two firms known as Amin Chand and Sons and Landra Engineering and Foundry Works. These were partnership firms and were engaged in the manufacture and sale of chaff cutters, their parts, etc. The firms were using registered trade marks on the manufactured goods in their factories which were situated at Landra and Phillaur. The trad



















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