Deepak Pranjivandas Shah Vs Intellectual Property Appellate Board and Ors

Factual Background:

The petitioner sought remand of the case to the Tribunal, arguing that the Tribunal considered several US court judgments that were not brought to their attention during the proceedings. Additionally, these judgments were not cited before the Controller by any involved party. The petitioner's central argument was based on the principle of natural justice, which mandates that all parties must be informed of any material or judgments that the court refers to in its decision-making process.

Legal Principles and Precedents:

The court observed that the petitioner's submissions had merit. It emphasized a well-established legal principle: any judgment or material considered by the court must be disclosed to all parties involved in the case.

This principle is rooted in the doctrine of natural justice, which ensures that parties have the opportunity to address and respond to all relevant information before a decision is made. In legal precedent, the principle of natural justice is fundamental to ensuring fair trials and hearings. The right to be heard, or "audi alteram partem," is a cornerstone of this doctrine. It requires that all parties be given a fair opportunity to present their case and respond to any material or judgments that may influence the court's decision.

Court's Findings and Decision:

The court found substance in the petitioner's arguments. It noted that the Tribunal's failure to provide the parties with the US court judgments it considered was a clear violation of the principle of natural justice. The court held that it is imperative for the Tribunal to bring any judgments or material it refers to the notice of all parties involved.

Consequently, the court set aside the impugned order on these grounds. The decision to remand the matter back to the Appellate Tribunal was based on the need to rectify the procedural unfairness caused by the Tribunal's actions.

Implications:

In practice, this decision underscores the need for judicial and quasi-judicial bodies to adhere strictly to the principles of natural justice. Failure to do so can result in decisions being set aside and matters being remanded for reconsideration, causing delays and additional costs for the parties involved.

Conclusion:

The court's decision to remand the matter to the Tribunal due to the non-disclosure of US court judgments considered by the Tribunal is a crucial affirmation of the principles of natural justice. It emphasizes the need for transparency and fairness in judicial processes and ensures that all parties have the opportunity to address and respond to relevant information.

Case Citation: Deepak Pranjivandas Shah Vs Intellectual Property Appellate Board and Ors/13.04.2016/WP 7384 of 2013/2016:BHC-AS:9782-DB/Bombay HC/V M Kanade and M.S.Karnik.