M/S. SABLE WAGHIRE & CO. & OTHERS versus UNION OF INDIA & OTHERS

M/S. SABLE WAGHIRE & CO. & OTHERS versus UNION OF INDIA & OTHERS

The Emblems and Names (Prevention of Improper Use) Act, 1950 is within the legislative competence of Parliament under Entry 49 or residuary Entry 97 of List I; the delegation of power to the Central Government under section 8 is not excessive as there is sufficient legislative guidance and policy; the Act imposes reasonable and regulatory restrictions and does not violate Article 19(1)(f) and (g); absence of rules does not render the Act unworkable; the notification was validly issued and published by duly authorised officer.

Parties
Petitioner: M/S. Sable Waghire & Co. and others; Respondent: Union of India and others
Jurisdiction
India
Judgment Date
21 March 1975
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Final Judgment of Supreme Court
Outcome
Petitions dismissed
Legal Topics
Legislative Competence, Delegated Legislation, Freedom of Trade and Commerce, Excessive Delegation, Reasonable Restrictions, Trademark Registration
Constitutional Law Administrative Law Intellectual Property Legislative Competence Delegated Legislation Freedom of Trade and Commerce Excessive Delegation Reasonable Restrictions +1 more

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Parties

M/S. Sable Waghire & Co. and others

Petitioner

Union of India and others

Respondent

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Final Judgment of Supreme Court

Legal Issues

  1. 1 Whether the Emblems and Names (Prevention of Improper Use) Act, 1950 was void for lack of legislative competence of Parliament
  2. 2 Whether sections 3, 4, and 8 of the Act suffer from the vice of excessive delegation of legislative power
  3. 3 Whether the Act or the Notification violated petitioners' rights under Article 19(1)(f) and (g)

Ratio Decidendi

The Emblems and Names (Prevention of Improper Use) Act, 1950 is within the legislative competence of Parliament under Entry 49 or residuary Entry 97 of List I; the delegation of power to the Central Government under section 8 is not excessive as there is sufficient legislative guidance and policy; the Act imposes reasonable and regulatory restrictions and does not violate Article 19(1)(f) and (g); absence of rules does not render the Act unworkable; the notification was validly issued and published by duly authorised officer.

Court Disposition

Petitions dismissed

Orders

  • No order as to costs