Showing : 31-40 of 63 Results

SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 29, 106-- Trade mark - Passing off - Temporary injunction - Similarity - Principle of similarity not to be very rigidly applied - If it could be prima facie shown that there was a dishonest intention on the part of the defendant in passing off goods, an injunction should ordinarily follow and the mere delay..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 29, 106-- Trade mark - Passing off - Temporary injunction - In the case of a passing off action the similarities rather than the dissimilarities have to be taken note of by the Court and the principle of phonetic 'similarity' cannot be ignored and the test is as to whether a particular mark has obtained..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Issued for limited period - Extended till a particular date - Does not continue to operate till it is vacated...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Temporary injunction - Court in exercise of its inherent jurisdiction can grant temporary injunction in circumstances which are not covered under O.39 of the Code in exceptional circumstances...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Temporary injunction in exercise of inherent jurisdiction - When can be granted - Courts have inherent jurisdiction to issue temporary order of injunction in the circumstances which are not covered under the provisions of O39 - Inherent power u/s 151 must be exercised only in exceptional..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Demolition - Temporary injunction - When structure is unauthorised temporary injunction cannot be granted merely on the ground of sympathy or hardship...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Can be granted only when (i) prima facie case is made out; (ii) balance of convenience; (iii) irreparable loss and injury - Relief of temporary injunction being an equitable relief it can be granted only when plaintiff's conduct is free from blame and he approaches the court..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Grant or refusal - Appellate Court can interfere when discretion is exercised by granting a temporary injunction when there is `no material', or refusing to grant a temporary injunction by ignoring the relevant documents produced which are termed as arbitrary, capricious or..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Jurisdiction - Clause in agreement viz. 'Court of Bombay and no other Court' - Plea of not consciously agreeing to the exclusion of jurisdiction of Courts other than Bombay - Until a clear finding is recorded that Court has territorial jurisdiction to try the suit, no..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining alienation and raising construction - Temporary injunction cannot be declined on the basis that alienation will be subject to law of lis pendens and construction raised will be at own risk or on the basis of an undertaking that there will be no alienation and..........

Showing : 31-40 of 63 Results