FLOWER TOBACCO CO Vs. AMBAR TOBACCO CO

JUDGEMENT

(1.) THIS is an appeal against an order reviewing the earlier order of withdrawal of opposition to the application for registration of a trade mark label consisting inter alia, device of a coffee pot and the words 'Abbu Dalla' in Arabic characters in respect of 'tobacco for huka for export only'.

(2.) ON 27th July 1978 Iffat Jahan, Narul Basar, Abbul Mussavir and Abdul Baseer, trading as Flower Tobacco Company, Faiz Ganj Road, Moradabad-244001 made an application, being No. 339005, in class 34 to register a trade mark label referred to above. The application was objected to on the ground of conflict with some marks on the register and in applications pending consideration.

(3.) IN regard to implied authority the powers of a counsel to withdraw a suit the learned counsel for the respondent relied upon the observations of Supreme Court relating to implied authority of an Advocate to withdraw a suit in Smt. Jamilabai Abdul Kadar Vs. Shankarlal Gulabchand & ors., AIR 1975 SC 2202. The apex Court laid down certain guidelines to accept or reject such an implied authority in para 22 of the judgement after considering various authorities. Para 22 reads as under: While we are not prepared to consider in this case whether an Advocate or pleader is liable to legal action in case of deviance or negligence, we must uphold the actual, though implied, authority of a pleader (which is a generic expression including all legal practitioners as indicated in Section 2(15), Civil PC) to act by way of compromising a case in which he is engaged even without specific consent from his client, subject undoubtedly to two overriding considerations: (i) He must act in good faith and for the benefit of his client; otherwise the power fails. (ii) It is prudent and proper to consult his client and take his consent, if there is time and opportunity. IN any case, if there is any instruction to the contrary or withdrawal of authority, the implicit power to compromise in the pleader will fall to the ground. We need hardly emphasize that the Bar must sternly screen to extirpate the black-sheep among them, for Caesar's wife must be above suspicion, if the profession is to command the confidence of the community and the Court." Further, in para 15, Supreme Court observed as under :