BATA SHOE COMPANY PRIVATE LTD. Vs. THE CHIEF ADMINISTATOR, CHANDIGARH ADMINISTRATION UNION TERRITORY OF CHANDIGARH AND ORS.

JUDGEMENT

(1.) THE Petitioner Bata Shoe Company Private Ltd., is a private company registered under the Companies Act with its registered office at Calcutta. It manufactures footwear and accessories at its factories at Batanagar in West Bengal, Faridabad (Haryana), and at Patna and Mokmaghat in Bihar. It has its own retail shops throughout India where it sells its products. Outside every shop the name plate 'Bata' is exhibited. The name 'Bata' is the registered trade name of the Petitioner -company.

(2.) THE President of India, in exercise of the powers under Section 3 of the Punjab State Legislature (Delegation of Powers) Act, 1951, enacted the Capital of Punjab (Development and Regulation) Act, 1952 (hereinafter called the Act), wherein provisions were made for the development and regulation of the Capital of Punjab at Chandigarh. Section 12 of the Act is in the following terms:

(3.) REGULATION and control of advertisements -