56/2008 M.A. Rajee (Pvt) Limited (Appellant) V/S The Registrar of Designs & Another (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar(Author)
Order Date: 15-JAN-19
Registered Designs Ordinance (XLV of 2000)--- ----S. 10---Registration of design---Cancellation of registration---Grounds for cancellation---Adjudication of application under S. 10 of Registered Designs Ordinance 2000 for cancellation of registered design---Scope---Appellant impugned order of Registrar of Designs whereby appellant's registration was cancelled under S. 10 of the Registered Designs Ordinance, 2000---Validity---Impugned order did not point out as to how in the process of registration there existed a lapse on the part of the Patent Office which showed that the specific substantive requirements of the Registered Designs Ordinance, 2000 were not fulfilled or if the said registration was contrary to public order or morality---Registrar of Designs failed to apply judicial mind to the matter as in the impugned order it was wrongly assumed that a factually incorrect pointation of the interested remained unrebutted and was held to be treated as an "admission" on part of the appellant---High Court observed that the very existence of the word "rejoinder affidavit" in the impugned order indicated that a counter affidavit had been filed by the appellant---Impugned order was set aside and application for cancellation of appellant's design was dismissed--- Appeal was allowed, accordingly. Messrs MFMY Industries v. Federation of Pakistan 2015 SCMR 1550 rel. PLD 1996 Kar. 365; PLD 1984 Kar. 245; AIR 1980 Delhi 125 and 1992 MLD 1879 distinguished.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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