HARIPRASAD LAL CHAND Vs. NANOO KHAN HUSSAIN BUX

JUDGEMENT

(1.) THIS is an appeal on special leave under Section 417 (3), Criminal Procedure code.

(2.) THE appellant is Karta of a joint Hindu family which carries on business of manufacturing and selling bidis in bundles. Every bidi bundle is wrapped in tissue paper called 'jhilli'. Over the above Jhilli a label is pasted which bears the figure of a flower and the name "taza Phool". This mark is registered as trade mark No. 163453. The date of registration is 24th March, 1954.

(3.) THE accused also is a manufacturer and dealer of bidis. He trades in the name and style of "shafi Bidi Co. " His bidis are also wrapped in tissue paper (Jhilli) with a label pasted over it.