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PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62, Civil Procedure Code, 1908, Section 19, 20, 151, Order 7, Rule 10, 11(a), (b)-- Composite suit restraining infringement of trade mark, copyright and rendition of accounts - Jurisdiction - Suit filed in a Court at place `A' - Held, once composite suit restraining infringement of trade mark, copyright and rendition of accounts including passing off, had been filed in a Court at..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62, Civil Procedure Code, 1908, Section 19, 20, 151, Order 7, Rule 10, 11(a), (b)-- Composite suit restraining infringement of trade mark, copyright and rendition of accounts - Jurisdiction - Suit filed in a Court at place `A' - Documents annexed with plaint and averments made in plaint prima facie disclose that there is alleged "Passing Off' at place `A' also - This finding..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Contract Act, 1872, Section 62-- Novation - Agreement to sell - Once vendors asserted primacy of terms of agreement and denied the novation set up by purchasers, they could not have set up an alternative oral agreement which detracted its terms...........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Contract Act, 1872, Section 62-- Novation - Inability of a party asserting novation, to prove it, does not in all cases results in rejection of its claim altogether - However, where novation is in respect of some terms and larger question of compliance or breach of other terms survives, Court has to proceed to determine it...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 62-- Primary evidence - When a document is executed in counterpart and each counterpart is signed by one or some of the parties only then each counterpart is primary evidence as against the parties executing it - If a document is prepared and copies are made of the same, with all parties signing the..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 61, 62, 64, 91, 92-- Contents of a document - Once document is admitted in evidence, contents of that document are also liable to be treated as admitted in evidence though contents may not be conclusive evidence of fact...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 65B, 62, 3-- Electronic record - Power of Court to inspect the same - Court has power to view CCTV footage and video recordings, be it primary or legally admissible secondary evidence, in the presence of accused for satisfying itself as to whether individual seen in the footage is the accused in dock - Trial..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Service -- Age of superannuation - As per AICTE Regulation even as a teacher the appellant's age of superannuation can be considered for extension upto 62 years - Regulation of AICTE being statutory, unless these have been superseded or annulled by a competent authority - Since appellant is occupying the..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Copyright Act, 1957, Section 62, Trade Marks Act, 1999, Section 134(2)-- Provisions of S.62 of Copyright Act and S.132(2) of Trade Marks Act have to be interpreted in purposive manner...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Copyright Act, 1957, Section 62, Trade Marks Act, 1999, Section 134(2)-- Infringement of copyright - Jurisdiction of Court - Principal office of plaintiff is at place `M' - Cause of action also arising at place `M' - Suit filed at place `D' not permissible as Court at place `D' would have no territorial jurisdiction...........

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