Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both parties claiming possession - Both parties filed suits and obtained injunction - Primary duty of Court is to protect subject matter of lis with existing status quo as on date of suit - Court can impose terms - Court taking over possession as a custodia legis, entrusted it to plaintiff to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Material terms and conditions of contract not concluded and recorded between parties - No prima facie case in favour of plaintiff - Moreover, in this case Court may not be able to grant any prayer for specific performance as such no interim relief can be granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62 -- Temporary injunction - Restraining defendants from infringing/imitating the plaintiff's Trade Mark which is deceptively similar - Undertaking by defendant that he will change the colour and to use the trade mark which is not deceptively similar..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Directing defendants to remove lock unauthorisedly and illegally put on gate of plaintiff - Plaintiff constructed the house on the land purchased by him and installed iron gate over path leading to his house - Defendant on the other hand claimed that said gate is installed by him but no document..........
Civil Procedure Code, 1908, Section 148A, Order 39, Rule 1, 2 -- Caveat - Ex parte ad interim injunction order - Caveat lodged by defendants was overlooked while passing ex parte ad interim injunction order - Ex parte ad interim injunction order is liable to be set aside with direction to Trial Court that application filed by plaintiff for grant of interim injunction shall..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Reasoning or finding recorded at the time of disposal of temporary injunction application while considering prima facie case would not act as a precedent or res judicata at the time of final disposal of suit on its merits as reasoning and conclusions are intended only for the limited purpose of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case of plaintiffs not made out - Will in favour of plaintiffs on the basis of which they are claiming ownership rights of the entire property is unregistered and not admitted by defendant - Execution of Will yet to be proved - Moreso, plaintiffs himself admitted that before said Will..........
Trade Marks Act, 1999, Section 29, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Infringement - Temporary injunction - Prima facie there is no similarity between story board/script of advertisement of plaintiff`s product and defendant`s product - Script of defendant`s advertisement of product Pudin Hara Lemon Fizz has used `Pet ka Fire Brigade' as a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 32, Rule 4, Rajasthan Tenancy Act, 1955, Section 212 -- Suit by minor - Dispute as to ancestral property of adoptive family - Legality of registered adoption deed challenged by filing a suit - Adoption deed does not become inoperative - It cannot be thus concluded that minor cannot claim any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Once it is found that there is no prima facie case established, further aspects of conduct of defendants, balance of convenience, etc. are immaterial and need not to be considered...........
