Civil Procedure Code, 1908, Section 151, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 2, Rule 2 -- Withdrawal of suit - Suit for permanent injunction restraining defendant from interfering with possession - Suit filed for 4.18 guntas where decreed to extent of only 4.02 guntas - For filing suit for possession in respect of remaining 16 guntas plaintiff is not..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Earlier suit was for injunction restraining defendants from committing offending acts - Subsequent suit based on consequences of illegal acts - Not hit by O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Relief of partition and declaration sought by way of amendment of plaint when suit was pending for evidence of defendant - No reason as to why such prayer not added at the time of filing of suit or prior to commencement of trial - Application dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 2, 21, 29, 33 -- Trade mark - Infringement - Ad interim injunction - When prima facie case is made out and balance of convenience is in favour of plaintiff then it is not necessary to show loss of goodwill and reputation to fulfil the requirement of condition of irreparable..........
Trade and Merchandise Marks Act, 1958, Section 2, 15, 29 -- Trade mark - Infringement - Acquiescence - In an infringement of trade mark, delay by itself may not be a ground for refusing to issue injunction - Defence of acquiescence is satisfied when plaintiff assents to or lay by in relation to the acts of another person - Specific knowledge on the part of plaintiff and..........
Trade and Merchandise Marks Act, 1958, Section 2(d) -- Trade mark - Infringement - Respondent permitted to trade from seven outlets - Respondents as such had limited right under the MOU and by reason thereof they could not have been permitted to start manufacturing of spices deceptively similar to that of plaintiff - Injunction granted...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional Evidence in Appeal - Suit for permanent injunction restraining defendent from encroaching upon any portion of suit property - Defendents by way of counter claim sought possession of suit property - Claim of defendents that 'Ganga Ram' father of plaintiff was licencee and after termination of licence, possession..........
Clean hands -- Plaintiff did not make any reference to previous suit or its decision in the plaint - Held, plaintiff is not entitled to the discretionary relief of permanent injunction...........
Clean hands -- Fact of previous suit or its decision not disclosed - Plaintiff not approaching Court with clean hands - Not entitled to discretionary relief of permanent injunction...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for permanent injunction dismissed as plaintiff not found in possession - Decision attained finality - Question of possession over the suit land having been already decided by a Court of competent jurisdiction in the earlier suit, the same cannot be tried again in the present suit which is filed by same..........
