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,..........
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..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section 151, Order 22, Rule 10 -- Impleading a party - Suit for declaration - Real dispute in suit is about inheritance to the estate left by deceased - Respondents No.1 to 5 being natural heirs of deceased were necessary and proper parties to suit - Presence of respondents was necessary for..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9, 10 -- Report of Local Commissioner - Setting aside - Court is at liberty to set aside report if it finds that report is ex facie erroneous or vague or lacking in material particulars or inherently inconsistent or otherwise completely unreliable for any other reason - Court can set aside report by exercise of its..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Dispute relating to Wakf property - Matter falls within ambit of Wakf Act and only Wakf Tribunal has jurisdiction to dispose of the dispute - Civil Court has no jurisdiction to decide the same - When special remedy is provided in a special statute then recourse cannot be..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleading of a party - Suit for partition - Subsequent bona fide purchasers - Scope of relief in a suit for partition cannot be changed to a suit for eviction and possession by impleading third parties, who are neither necessary nor proper parties to the original suit...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of party - Principles of Dominus litis does not permit a person who has no interest in suit to be impleaded as a party, especially once plaintiff is not seeking any relief against him - Applicant not allowed to be impleaded as party...........
Civil Procedure Code, 1908, Section 16, 20, 21, 151, Order 8, Rule 10 -- Return of Plaint - Question of Jurisdiction - Partnership firm was carrying on transport business - Merely because the partnership deed executed at Place A and Income tax assessment had also been made there is no circumstance to deny jurisdiction of courts at place B - Despite denial by petitioner,..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Application for transposition - Limitation u/s 21(2) of Limitation Act does not apply in case of transposition, where a plaintiff is made a defendant or a defendant is made a plaintiff...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Application for transposition at appellate stage - Transposition is permissible even at the appellate stage as appellate court u/s 107 CPC has same powers as court of original jurisdiction i.e. trial court, therefore, O.1.R.10 CPC is applicable at appellate stage also...........
