LITIGANTS, LAWYERS AND JUDGES continues...

The test whether a particular mark is an infringement of another mark is whether it would mislead the unwary purchasers in buying the one article thinking it was the other. I appeared for the owners of Kottogem and after arguments lasting about 10 days in the High Court, I was successful in convincing the Court that the trade mark Kottogem was no infringement of the mark Cocogem.

One of the most important cases which I conducted as a member of the Bar came my way during this year. The Government of Sir Sikandar Hyat Khan under its emergency war powers made an order acquiring the Lahore Electric Supply Company and took possession of it. On behalf of the Board of Directors of the Company, I brought a, suit in the High Court challenging this action of the Government as an abuse of power, We contended that the order was mala-fide and could not be said to have any connection with the prosecution of the war effort. We claimed that the order had been issued mainly in order to give jobs in the company to Muslims. The company at that moment was owned W Hindu shareholders and its management was mainly in the hands of a board of Hindu directors, A mandatory injunction was claimed against the government ordering it to restore the company to the control of the directors. The matter was finally argued before a bench of the High Court presided over by the Chief Justice, Sir Douglas Young, He accepted my plea that the action of the government amounted to an abuse of power and ordered that the injunction be issued. This is perhaps the only case in India in which the government was held guilty of abuse of its powers during the war. As such, it created a great sensation in the country.

to be continued...

( This account is maintained by Har Anand Publication)