Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Some of the principles governing are - Whether there is a likelihood of deception or confusion arising is a matter for decision by the Court and that all factors which are likely to create or allay deception or confusion must be considered in combination - Factors creating confusion are the nature..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Plaintiff using the word 'Mahindra' and 'Mahindra & Mahindra' in its companies/business concerns for five decades - Name has acquired a distinctiveness in trade circles - People have associated the name 'Mahindra' with a certain standard of goods and services - Use of such name by others will..........
Civil Procedure Code, 1908, Section 115, Order 13, Rule 2 -- Documents - Late production - Trial Court's order that as the documents were not produced at the relevant time before the settlement of issues and cause shown for late production not considered 'good' - Revision against - The order may be erroneous but it cannot be interfered in revision - However, it is open to..........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Documents - Late production - Power under the provision can be exercised liberally and that 'good cause' requires lesser degree of proof than that of 'sufficient cause'...........
Consumer Protection Act, 1986, Section 2(1),(g),(r),21(b) -- Education - Deficiency in service - Unfair trade practice - Money collected from the respondents on false assurances, furnishing of false and bogus certificates of B.Ed. without appearing in the examination - Findings of the District Forum that there was deficiency in service and adoption of unfair trade practice..........
Consumer Protection Act, 1986, Section 2(1),(g),21(b) -- VCR - Warranty envisaged use of VCR for domestic use - VCR used by petitioner complainant for letting out on hire and was used when he was not present which was in clear violation of warranty - Dismissal of complaint and appeal by the fora on points of fact not interfered with by invoking revisional jurisdiction as..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Some evidence required to be led - It will be futile to treat some issues as preliminary issues...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Application to treat some issues as preliminary issues - Reply to the application - Opportunity sought but denied - Held, Court committed an error in treating certain issues as preliminary issues without giving an opportunity to the petitioner to file reply to the application...........
Consumer Protection Act, 1986, Section 2(1),(g),21(b) -- UTI - Deficiency in service - Compensation - Cheque sent by the petitioner with his application for medical benefit cover under the Scheme Senior Citizens Unit Plan encashed by respondent but returned after six months by stating that amount was not sufficient held to be deficiency in service - Direction by the..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d),Insurance,claim -- Deficiency is service - Compensation - Interest - Complainant had informed the insurance company of the loss in time on 30.4.1991 - He continued writing time and again to the insurance company for settlement of claim but neither any reply given nor claim repudiated till 1995 - Plea of the..........
