Trade and Merchandise Marks Act, 1958, Section 2(m), 45 -- Trade mark - Infringement - Jurisdiction - Plaintiff carrying on business in the district of Ghaziabad whereas defendant carrying on similar business in district of Faridkot - Plaintiff filed suit before District Jude, Ghaziabad praying for an order of injunction - Held, District Court, Ghaziabad had no territorial..........
Trade and Merchandise Marks Act, 1958, Section 2(m), Copyright Act, 1957, Section 62 -- Trade mark, copyright and passing off - Jurisdiction - A cause of action for infringement of Copyright and a cause of action for infringement of Trade Mark or a cause of action of passing off is different - If a District Court, where plaintiff resides but where no cause of action..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of temporary injunction is a discretionary and equitable relief - In the matter of granting discretionary and equitable reliefs, Courts must be satisfied about the bona fides and conduct of the person, who claims such a relief...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Sought restraining retired partner from interfering with the functioning of the factory - Signatures of retiring partner on dissolution deed found to be forged - Cheque issued towards share of retiring partner dishonoured - Held, these two factors are sufficient to deny the equitable relief of..........
Consumer Protection Act, 1986, Section 2(1)(g), 3 -- Sick Industrial Companies (Special Provisions) Act,1985, Section 22 - Sick Industrial unit -Complaint against - Section 22 of the Act of 1985 does not place bar on hearing a complaint filed under the provisions of CP Act...........
Consumer Protection Act, 1986, Section 2(1)(d), 14(1)(d) -- Jurisdiction - Medical Negligence - Sterilization operation - Conception - No bar in claiming damages on account of tort of medical negligence in not carrying out sterilization operation with due care - Jurisdiction of Consumer Fora not ousted...........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(o) -- Consumer - Services - Operation under Family Pfenning Scheme - Where the hospital renders service and Is collecting charges from some people in respect of certain service rendered by the hospital, any service rendered by them will fall within the purview of the Consumer Forums - Held that the respondent shali come..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Employees Provident Fund - Non payment - By respondents which is an exempted establishment under the EPF and Misc. Provisions Act having its own Board of Trustees to administer provident fund of the employees - Petitioner employee of paper mill taken over by respondent No.1 - Statement of account prepared by petitioner not..........
Consumer Protection Act, 1986, Section 2(1)(e), 13 -- Defective car - Respondent-OP moved application for sending car to appropriate laboratory for knowing whether there is any manufacturing or latent defect - Option given to appellant-complainant to send the car to Laboratory or to experts not accepted by him - Only presumption is that there is no manufacturing or latent..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 26 -- Defective car - Compensation - Frivolous complaint - Plea by OP - Complaint filed alleging defects in very costly car purchased at price of Rs.37 lacs -During a period of about one year, car had broken down several times - Held that respondent failed to give satisfactory service to the complainant which was..........
