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Whirlpool Corporation Vs Registrar of Trade Marks Mumbai and Ors on 26 Oct 1998

Posted on July 23 by ShadesOfKnife

Landmark judgment from a division bench of the Apex Court.

From Paras 14 and 15,

14. The power to issue prerogative writs under Article 226 of the Constitution is plenary in nature and is not limited by any other provision of the Constitution. This power can be exercised by the High Court not only for issuing writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of any of the Fundamental Rights contained in Part III of the Constitution but also for “any other purpose”.
15. Under Article 226 of the Constitution, the High Court, having regard to the facts of the case, has a discretion to entertain or not to entertain a writ petition. But the High Court has imposed upon itself certain restrictions one of which is that if an effective and efficacious remedy is available, the High Court would not normally exercise its jurisdiction. But the alternative remedy has been consistently held by this Court not to operate as a bar in at least three contingencies, namely, where the writ petition has been filed for the enforcement of any of the Fundamental Rights or where there has been a violation of the principle of natural justice or where the order or proceedings are wholly without jurisdiction or the vires of an Act is challenged. There is a plethora of case- law on this point but to cut down this circle of forensic whirlpool, we would rely on some old decisions of the evolutionary era of the constitutional law as they still hold the field.

Whirlpool Corporation Vs Registrar of Trade Marks Mumbai and Ors on 26 Oct 1998 (CM Ver)

Citations : [1998 SCC 8 1], [1999 AIR SC 22], [1998 AIR SC 3345], [1999 BOMCR SC 2 70], [1998 JT 7 243], [1998 SCALE 5 655], [1998 SUPREME 8 176], [1998 AIR SCW 3345]

Other Sources :

https://www.casemine.com/judgement/in/575fd361607dba63d7e6e044

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Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

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Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 226 - No need to Exhaust the other remedies at Lower Courts in Exceptional Cases Article 226 - Power of High Courts to issue certain writs Catena of Landmark Judgments Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Legal Procedure Explained - Interpretation of Statutes Not Authentic copy hence to be replaced Reportable Judgement or Order Whirlpool Corporation Vs Registrar of Trade Marks Mumbai and Ors | Leave a comment

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