Executive Summary
The court examined whether a Letters Patent Appeal was maintainable against an order passed by a Single Judge in a Misc. First Appeal concerning relief under the Trade and Merchandise Marks Act, 1958. The judgment reiterated established Apex Court precedents that Section 104(2) of the CPC prohibits further appeal from such orders. Consequently, the Letters Patent Appeals were dismissed as not maintainable.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Gauhati High Court. Understanding the court's reasoning in S.S. Associate vs M.S. Associate is valuable context for structuring arguments or assessing risk in similar proceedings.
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