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In order to secure its proprietary rights in the said trademark, respondent No. The Court of the Additional Judge is therefore constituted a distinct class of Court, and it is to be observed that the Act speaks of the Court of the Additional Judge and not of the Additional District Judge as is the case with certain other Acts in other parts of India. Held therefore that the orders of the Appellate Assistant Commissioner holding that there were no sufficient reasons for excusing the delay and rejecting the appeals as time- barred would be orders passed under s.

54A of Advocates (see this page Advocates (read this article) ) the Improvement Act. 4 is a corporation incorporated under the laws of the United States of Advocates (read this article) America. He contended that it was a peculiar relationship which could not be defined in exact legal phraseology, Advocates (read this article) but all the same, that the Trust was the owner of the market, especially in view of the fact that, as admitted by the defendants counsel at the trial, the Trust had repaid the entire amount of five lakhs odd advanced by Government for the construction of the market.

The learned counsel for 13 the appellant conceded that relationship could not be described in terms of ordinary legal import, that is to say, in, terms of mortgagor and mortgagee, or lessor and lessee, or licensor and licensee. The election petition was enquired into by the Election Tribunal 181 consisting, of three persons, one of them being the Chairman. It Advocates (read this article) is an ultimate subsidiary of Pernord Ricard S. On those facts what is the legal position of the Trust vis-a-vis the Government in respect of the ownership of the property ?

It has also applied for registration of the trademark ˜BLENDERS PRIDE under two applications in class 33 which are pending registration. It is important, therefore, to determine the true nature of the initial relationship between the Government and the Trust. It claims that it has coined and adopted the trademark ˜BLENDERS PRIDE through its licensee M/s Seagram Company Limited in the year 1973. The other candidates got smaller number of votes which it is not necessary to set out here.

Buta Singh aforsaid, whose nomination paper had been rejected by the Returning Officer, did not take any further steps, But Dalip Singh, the first respondent, filed an election petition with the Election Commission, respondent 19. A number of issues were joined between the parties. It is therefore necessary to examine closely the provisions of that section which is in these terms:- " (1) The Government may, upon such terms as may be agreed upon between the Government and the Trust, place at the disposal of the Trust any properties, or any funds or dues, of the Government and thereupon the Trust shall hold or realise such properties, funds and dues in accordance with such terms.

According to respondent No. The appellants moved this Court and obtained special leave to appeal from the majority judgment declaring the election to be void as a whole. The third member of the Tribunal, while agreeing with the majority in their judgment on the other issues, disagreed with them on the most material issue in the case, namely, issue 4, and held that the first respondent had failed to prove, that the wrong rejection of the nomination paper of the 18th respondent had materially affected the result of the election.

On those findings they declared the election void as a whole and set aside the election of the appellants. It is clear upon the terms of the agreement shortly set out above that the market was constructed by the Trust on Government land with Government funds advanced by way of loan at interest. This result, it was further contended, follows from the terms of s. 4 had applied for and was granted registration of the said trademark in more than 50 countries and has been selling ˜BLENDERS PRIDE whisky in India through its licensee Seagram India Private Limited since 1995.

The Attorney-General appearing on behalf of the respondent also strongly relied upon the terms of that section for his contention that the relationship between the Trust and the Government was that of agent and principal. The Chairman and another member of the Tribunal decided the material issues 1 and 4 in favour of the first respondent to the effect that the 18th respondent had been duly proposed and seconded, that the Returning Officer had wrongly rejected his nomination paper and that as a result of that rejection the result of the election as a whole had been materially affected.

4, on account of extensive sales and marketing worldwide, the trademark ˜BLENDERS PRIDE has come to acquire a tremendous reputation in various countries including India. , which is engaged in the business of manufacturing and marketing a variety of alcoholic beverages worldwide. 31 and would be open to appeal, and it would make no difference in the position whether the orders of dismissal were made before or after the appeals were admitted. This language is also to be compared with articles 214 and 216 of the Constitution which constitute and define the constitution of the High Courts in India.