Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Dismissal of suit for absence of plaintiff and for want of evidence - Is dismissal in default as contemplated U.O.9.R.8 CPC - Plaintiff can seek restoration of suit U.O.9.R.9 CPC for setting aside dismissal on fulfilment of conditions as laid down therein...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Suit dismissed in default - Maintainability of appeal - Dismissal of suit for absence of plaintiff and for want of evidence is not in the nature of a decree, as rights of parties are not adjudicated - Appeal against same does not lie u/s 96 CPC - Appeal, held, not maintainable...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Third party/stranger claiming independent title is neither necessary party nor proper party and therefore, he is not entitled to be joined as party defendant in suit - Order impleading third party, set aside...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary Injunction - Suit for specific performance - Restraining defendant from selling, transferring, mortgaging or creating any third party interest in the suit property, till final decision of suit - Substantial amount already paid - Injunction granted - Defendant restrained from creating third party..........
Civil Procedure Code, 1908, Section 20 - - Jurisdiction - Corporation - Means not only the statutory corporation but companies registered under the Companies Act - Corporation/Company can be sued at a place having its sole or principal office and where cause of action wholly or in part, arises at place where it has also a subordinate office at such place...........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction of Court - Infringement of copy right - Accrual of cause of action is sine quo non for a suit to be filed - Cause of action is a bundle of facts which is required to be proved to grant relief to plaintiff - Cause of action not only refers to infringement but also the material facts on which right is..........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction of Court - Procedure to institute a suit with respect to S.134(1)(c) of Trade Marks Act in respect of `passing off' continues to be governed by S.20 CPC...........
Copyright Act, 1957, Section 62, Trade Marks Act, 1999, Section 134(2), Civil Procedure Code, 1908, Section 20 -- Jurisdiction of Court - In a case where cause of action has arisen at a place where plaintiff is residing or where there are more than one such persons, any of them actually or voluntarily resides or carries on business or personally works for gain would oust..........
Copyright Act, 1957, Section 62, Trade Marks Act, 1999, Section 134(2), Civil Procedure Code, 1908, Section 20 -- Infringement of copyright - Jurisdiction of Court - S.62 of Copyright Act and S.134(2) of Trade Marks Act, provides additional forum to plaintiff to institute a suit at a place where he or any of them resides or carries on business or personally works for gain..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Contempt of Courts Act, 1971, Section 12 -- Ex parte injunction order - Deliberate and willful violation thereof - Held, it is always in the larger interest of parties to the Lis to get the main case decided first on its merits as far as possible rather than to pursue their off-shoot proceedings on merits by keeping the main..........
