Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - An order of transfer must reflect application of mind by the Court and the circumstances which weighed in taking the action...........
Trade Marks Act, 1999, Section 29, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Infringement of trademark - Passing off action - Plaintiff seeking interlocutory injunction against defendant who is using trademark `Bufer' deceptively similar to that of plaintiff `BUFIN'- Said trademark is used by defendant for identical product - Plaintiffs also establishing goodwill..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Cause of action - Machinery was to be installed at Bilaspur (H.P.) - The order of confirmation stipulated the erection of the machine would be done by the seller/dealer at the site to be provided by the complainant which is at Bilaspur - Authorised Engineer of the OP No. 1 visited for the purpose of..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Cause of action - Exclusion of jurisdiction - Cause of action arose at Bilaspur (H.P.) - Plea of respondent No.1 that Clause 11 of the terms and conditions of sale provided that the Court situated at Coimbtore city alone shall have the jurisdiction to try all or any dispute exclusively to the..........
Indian Penal Code, 1860, Section 420, 145 -- Cheating - Ingredients of the offence of cheating are : (i) deception of a person either by making a false or misleading representation or by other action or omission; and (ii) fraudulent or dishonest inducement of that person to either deliver any property to any person or to consent to the retention thereof by any person or to..........
Service -- Retiral benefits - Delayed payment - Allegation that employee was charge sheeted just before retirement by an officer with mala fide intention of satisfying his vendetta appears to be prima facie correct - Payment of retiral benefits if delayed due to such action then employee is entitled to interest for the delayed retiral benefits...........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - The parcel was sent from Calicut to Mumbai - The jurisdiction would also arise at Calicut - Simply mentioning in small letters 'jurisdiction subject to Madras jurisdiction alone' would not be sufficient to confer jurisdiction on Madras Courts - Jurisdiction cannot be conferred by agreement on any..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Confining of jurisdiction - Contract in fine prints - In case attention is not drawn specifically of the other party such an agreement would not confer any exclusive jurisdiction to one Court or Fora - The jurisdiction could be conferred only where the cause of action would arise...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Unconditional leave to defend can be granted : (a) If the defendant satisfies the court that he has a good defence to the claim on its merits the plaintiff is not entitled to leave to sign judgment and the defendant is entitled to unconditional leave to defend; (b) If the defendant raises a..........
Ragging -- Strong legislative action supported by effective enforcement and judicial interpretation can help polity to prevent this vice...........
