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Judgment Summary — Usha Mehra, J.

Factual and Procedural Background

The matter concerns interlocutory applications arising in FAO(OS) No. 181/2002: CMs. No. 450 & 451/2002 and CM No. 449/2002. After hearing counsel for the parties, the Court made an interim order regulating how the appellant may print a newspaper logo and directed production of samples at the next hearing. The opinion records the procedural disposition of those applications and stays the impugned order in the meantime.

Legal Issues Presented

  1. Whether the appellant may be permitted, as an interim measure, to print the newspaper with a logo different from that used by the respondent.
  2. Whether the court should specify conditions (appearance of words, use of a disclaimer, and production of samples) as part of the interim permission.
  3. Whether the impugned order should be stayed pending further hearing.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The opinion is brief and records the court's interim disposition after hearing counsel. The court granted exemptions in respect of procedural formalities ("Exemptions are allowed, subject to all just exceptions") and, as an interim measure, permitted the appellant to print the newspaper with a logo that is distinct from the respondent's mark. The court imposed specific, tangible conditions on that permission: the word "KHABREIN" must appear in bold letters, "AAJ TAK" must appear in small letters, and a disclaimer must be printed on the front page alongside the words "KHABREIN Aaj Tak." The court further required the appellants to produce a sample of the proposed logo and a sample showing how the words and the disclaimer will be used at the next hearing (dated 29th May, 2002). The order was expressly made without prejudice to the parties' rights in the appeal. Finally, the court stayed the impugned order in the interim. The opinion contains no extended exposition of legal principles or precedent; it records the procedural and conditional nature of the interim relief granted.

Holding and Implications

Core Ruling: The court granted interim relief permitting the appellant to print the newspaper with a modified logo subject to specified conditions, and stayed the impugned order.

Direct consequences for the parties (as recorded):

  • The appellant is permitted, as an interim measure, to print the newspaper with a different logo from the respondent's.
  • The specific presentation required is that "KHABREIN" be in bold letters and "AAJ TAK" in small letters, and a disclaimer must be printed on the front page alongside "KHABREIN Aaj Tak".
  • The appellant must produce a sample of the logo and a sample showing use of the words and disclaimer at the next hearing on 29th May, 2002.
  • The order is without prejudice to the parties' rights in the pending appeal.
  • The impugned order is stayed pending further proceedings.

No broader legal implications or precedent were articulated in the opinion; the decision is an interim, procedural measure recorded for the purposes of the ongoing appeal.

    Jitender V. Jain & Anr. v. Living Media India Ltd. .

    Usha Mehra, J.

    CMs. No. 450 & 451/2002 in FAO(OS) No. 181/2002

    1. Exemptions are allowed, subject to all just exceptions.

    CM No. 449/2002 & FAO (OS) No. 181/2002

    2. After hearing counsel for the parties, it is ordered that as an interim measure, the appellant may print the newspaper with different logo than that of the respondent.

    3. That the word ‘KHABREIN’ will be written in bold letters and the word ‘AAJ TAK’ be in small letters. Further the appellant will print on the front page alongwith the word ‘KHABREIN Aaj Tak’ the disclaimer.

    4. This order is without prejudice to the light of the parties in the appeal. It is only as an interim measure that this order has been passed. The appellants will produce the sample of the logo as well as sample as to how he is going to use the word. ‘KHABREIN AAJ TAK’ and of disclaimer on the next date of hearing i.e 29th May, 2002.

    5. In the meantime, impugned order shall remain stayed.

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    Comments

    Jitender V. Jain & Anr. v. Living Media India Ltd. .
    (May 23, 2002)