Showing : 1971-1980 of 17209 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Infringement of Trademark - Injunction cannot be passed against unknown defendants/infringers - However, this does not mean that plaintiffs are remediless against unknown infringers in case of mass infringement of trademark - Remedy is available in Trademark Act itself by..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Trial Court recording finding that there is no evidence to support counter claim - Held, trial Court is not justified in allowing counter claim when defendant failed to establish his claim...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 16, Rule 14, Evidence Act, 1872, Section 114-- Plaintiff not appearing as his own witness - Defendant cannot compel plaintiff to examine himself as a witness - It is prerogative right of plaintiff to examine any witness - However, defendant can insist upon Court to draw adverse inference for non examination of plaintiff as his own witness...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Handwriting expert - Execution and signatures on agreement to sell denied by defendant - It was therefore, for the plaintiff to give evidence in affirmative - Right to lead evidence in rebuttal arises only if defendant had led any evidence in affirmative on the issue - Evidence..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 92-- Application for leave to file suit u/s 92 of the Code - Application be annexed with the plaint as maintainability of application can be decided on the basis of averments in the plaint...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 92-- Suit against trust - Leave to file suit - Permissibility - Trust deed was executed in favour of respondents - Purpose of transferring the property is for development of Hindi Language and opening a library - Property gifted for a lawful purpose i.e a trust - Respondents not taking any interest in..........
TRIPURA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Not filed within time - Neither any exceptional reasons assigned by defendants for not filing written statement within time nor any application for extension of time to file written statement was filed - It is case of laxity or gross negligence on part of defendants -..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100, Order 22, Rule 3-- Second appeal - Maintainability - Order allowing application U.O.22.R.3 CPC, is not decree, as there is no adjudication of rights of parties on merit - Second appeal against such order is not maintainable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(a)-- Rejection of plaint - Amounts to decree - Appeal thereagainst is maintainable...........
HYDERABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 15A(A-- Rent and eviction - Relationship of landlord and tenant denied - Question of pressing into service O.15-A CPC does not arise...........

Showing : 1971-1980 of 17209 Results