VidhiSangh

Supreme Court of India · 20/04/2018

CANARA BANK versus N. G. SUBBARAYA SETTY & ANR.

[2018] 3 S.C.R. 884 · 2018 INSC 385

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Summary

The Supreme Court dismissed a later money suit founded on a trademark assignment to a bank. Res judicata could not perpetuate reliance contrary to statutory prohibitions: the unregistered assignment lacked the required evidentiary permission, and the arrangement for selling incense sticks or earning trademark royalties fell outside permitted banking business on these facts. The Court distinguished ordinary errors of law, which can be final between parties, from jurisdictional errors and decisions defeating statutory prohibitions. A grossly delayed review did not require postponing the appeal.

Issues

  1. Whether res judicata barred the bank’s objections based on statutory prohibitions.
  2. Whether the trademark assignment was admissible and within permissible banking business.
  3. Whether a belated review required awaiting the earlier litigation.
  4. Whether absence of a formal res-judicata issue defeated a plea fully argued below.

Provisions considered

Held

Result

Bank’s appeal allowed; trial and appellate judgments set aside. Respondent’s O.S. No.495 of 2008 dismissed.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 884.