Whether a party can chaLlenge an advertisement Being rival businessman

Legal heir

Apart from the same, law in this connection is well settled that the petitioner has no locus standi to challenge the advertisement being rival businessman. This controversy has already been decided in large number of cases not only by Apex Court but also different High Courts. Reference of some cases are (1970) 1 SCC 575 : AIR 1971 SC 246 (The Nagar Rice and Flour Mills v. N. Teekappa Gowda & Bros.), (1976) 1 SCC 671 : AIR 1976 SC 578 (Jasbhai Motibhai Desai v. Roshan Kumar, Haji Bashir Ahmed), AIR 1990 Mad 87 (FB) (M.L. Krishnamurthy and v. The District Revenue Officer, Vellore), AIR 1981 Gau 36 (Ganesh Chandra Hazarika v. State of Assam).l

The Division Bench of this Court in the cases of Civil Misc. Writ Petition No. 39125 of 2007 (Kisan Seva Kendra v. State of U.P.) and Civil Misc. Writ Petition No. 15351 of 2011 (Manoj Kumar v. Union of India) delivered on 22nd August, 2007 and 14th March, 2011 respectively held that when the petitioner wants that a competitor should not carry on any similar business near his business place, such type of disputes between the parties can be adjudicated by the civil Court provided any appropriate suit for injunction is filed. This Court can not interfere with the same particularly when the question of supplying essential commodities is involved.

See:- Amir Kumar Mishra Versus Union of India and Others … 2020 SCC OnLine All 1427 : AIR 2021 All 31 : (2021) 1 All LJ 798 : (2021) 145 ALR 1


Leave a Reply Cancel reply