Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 29, 106 -- Trade mark - Passing off - Temporary injunction - Before the use of a particular mark can be appropriated it is for the plaintiff to prove that the product that he is representing had earned a reputation in the market and that this reputation had been sought to be..........
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..........
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..........
Arbitration and Conciliation Act, 1996, Section 9 -- Interim injunction - Exercise of power u/s 9 of the Act must be based on well recognized principles governing the grant of interim injunctions and other orders of interim protection or the appointment of a receiver...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Violation of - Police help for implementation of order - Jurisdiction of trial Court to pass order - Trial Court granted ad interim injunction restraining defendants from interfering in the possession of the plaintiffs - Applications for providing police help for serving and harvesting..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- Charand - Injunction claimed on the basis of cultivating possession - Earlier writ petition by the residents of the village with regard to shamlat land dismissed with cost - Part of suit land subject matter of dispute in said writ also - Jurisdiction of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering in possession - Right to hold property was on strength of lease deed for a period of 99 years which was duly registered - Registered document carries evidentiary value - Grant of injunction, held, not illegal...........
Punjab Land Revenue Act, 1887, Section 37(b) -- Mutation - Negative Decree - Mutation sanctioned in favour of Respondent No. 5 on the basis of consent decree - Civil Suit by Respondent No. 5 for permanent injunction against Respondent No. 1 to 4 - Dismissed - Mutation sanctioned in favour of Respondent No. 1 to 4 on the basis of dismissal of suit - Held - On the basis of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Not to be granted against the execution of a lawful decree...........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 1, 2 -- Temporary injunction - Execution of a decree - Injunction cannot be granted - Subsequent suit is barred on a plea which was available to a party in the previous suit - Courts below have exercised jurisdiction which did not vest in them in entertaining a suit against execution of a decree though all questions..........
