After the expiry, of the aforesaid date numberfurther extension of time was granted.
N. Sinha, Solicitor General of India, G. L. Sanghi and Girish Chandra, for the respondents.
By a declare Lion dated November 25, 1938, filed with the Registrar of Assurances at Bombay, petitioner No.
D. Bal, J. V. Deshpande, O. C. Mathur and D. N. Mishra, for the petitioners.
The petitioners applied for extension of time to show cause before the Registrar and ultimately moved these Writ applications challenging the companystitutional validity of the Act and in particular of sections 3, 4 and 8 of the Act as well as of the Notification of the Central Government dated March 16, 1968.
PR/2951 dated October 16, 1969, informed the firm that the use and registration of the name and the pictorial representation of Chhatrapati Shivaji Maharaj is prohibited by virtue of sections 3 and 4 of the impugned Act and the registration of the aforesaid Trade Marks Nos.
According to the petitioners the business of manufacturing bidis according to special formulae and processes and of marketing and selling them under the pictorial representation of Chhatrapati Shivaji and under the trade name Chhatrapati Shivaji was first started in about the year 1928 by one Raghunath Ramchandra Sable, the father of petitioners 2 and 4.
The Judgment of the Court was delivered by GOSWAMI, J. The petitioners Nos.
They have also prayed for quashing the Notice of the Registrar dated October 16, 1969.
3 by Notice No.
The petitioners represented to the Government of India in the Commerce Department about the hardship caused to them and requested for extension of time upto March 31, 1972 for companytinuing to the use the said Trade Marks.
SO/1020 dated March 16, 1968.
37 of 1970 are the sole, partners of petitioner No.
38 of 1970 briefly the companypany has also been impleaded as respondent No.
The Joint Registrar of Trade Marks Respondent No.
It is said that the bidi business developed on a very vast and extensive scale and the sale of bidis marketed and sold under the pictorial representation of Chhatrapati Shivaji and the words Chhatrapati Shivaji associated therewith came to over Rs.
37 of 1970.
ORIGINAL JURISDICTION Writ Petitions Nos.
37 of 1970 has submitted the additional petition claiming the same reliefs.
The petitioner in Writ Petition No.
In fact the petitioner in Writ Petition No.
37 and 38 of 1970.
1 which is a registered partnership firm briefly the firm carrying on the business of manufacturing, marketing and selling bidis under the pictorial representation and the trade name Chhatrapati Shivaji Bidi.
38 of 1970 supporting the petitioners in Writ Petition No.
12549 as 12550 gave exclusive right of user thereof to the companypany for valuable companysideration.
9A in the Schedule to the Act after the words pictorial representation of, the words Chhatrapati Shivaji Maharaj or were inserted.
issued by the Central Government under section 8 of the Emblems and Names Prevention of Improper Use Act, 1950 briefly the Act and published in the Gazette of India on March 23, 1968, in item No.
The Government allowed the petitioners time to use the existing Trade Marks with the name and the pictorial representation of Chhatrapati Shivaji till May 31, 1969.
32 of the Constitution of India.
Petition under Art.
It is stated that Raghunath Ramchandra Sable adopted the said pictorial representation and the said trade name in.
The Registrar called upon the firm to submit objections if any.
4 in Writ Petition No.
response to a call of the then popular leaders to adopt the name of Chhatrapati Shivaji in relation to all articles designed for public use or companysumption with a view to popularise and keep before the public eye the image of the national hero, Chhatrapati Shivaji.
