itc Ltd. and anr. Vs. Cadbury Ltd. and ors. - Court Judgment

Excerpt:
.....-- section 8: [d.v. shylendra kumar, j] general rules of succession recognition of customary law - whether the customary practice prevalent in a community can prevail over the statutory provisions, particularly a customary practice of aliyasanthana can prevail over the provisions of section 8 of the hindu succession act 11956 and whether the parties by their conduct can start a custom afresh, though such custom was not prevalent earlier but sought to be followed by the act of the parties? held, if the customary law is already prevalent and the conduct of the parties is in consonance with the said customary law, that can be recognized on paper with law but if a customary law is not prevalent or was not in existence already, by act of parties at a given point of time, it.....order1. having heard the learned counsels for the parties on the prayer for interim relief, we direct the appellants to maintain complete accounts of production and sales during the pendency of appeal. in the meantime, the appellants are permitted to use the wrappers on 'choco-eclair' as they have been using except that, wherever purple colour was being used that shall be substituted by colour blue of the same shade as the appellants are using on their other products such as 'licks'.2. this is without prejudice to the rights and contentions of the parties in the appeal.3. liberty to the parties to apply for an early date of hearing.

Judgment:
ORDER

1. Having heard the learned counsels for the parties on the prayer for interim relief, we direct the appellants to maintain complete accounts of production and sales during the pendency of appeal. In the meantime, the appellants are permitted to use the wrappers on 'Choco-Eclair' as they have been using except that, wherever purple colour was being used that shall be substituted by colour blue of the same shade as the appellants are using on their other products such as 'Licks'.

2. This is without prejudice to the rights and contentions of the parties in the appeal.

3. Liberty to the parties to apply for an early date of hearing.