Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Dispute is essentially with regard to payment of service charges between owners of property and its user i.e. respondent No.3 - Therefore, no other person has any right to be impleaded so as to defend suit regarding payment of service charges - Appellant claims to be successor of respondent No.3..........
Trade Marks Act, 1999, Section 134 -- Jurisdiction of Court - Infringement of trade mark - Registered proprietor or a registered user of trademark may institute an infringement suit where plaintiff resides or carries on business even if cause of action does not arise at that place...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 7, Rule 10 -- Rejection/return of plaint - Jurisdiction of Court - Infringement of trade mark - Suit filed at the place where plaintiff resides and has his principal place of business - Registered proprietor or a registered user of trademark may institute an infringement suit where plaintiff..........
National Green Tribunal Act, 2010, Section 26 -- Offence u/s 26 of the Act - Non-compliance of order of NGT - NGT directed Chhattisgarh Environment Conservation Board (CECB) in making its website more user friendly and in providing necessary data to all concerned - However, delay on the part of CECB does not amount to wilful negligence or an abject dereliction of duty on..........
Service tax -- Sale of Goods - When the substantial control remains with contractor and is not handed over to user, there is no transfer of right to use vehicles, cranes, tankers etc. - Whenever there is no such control on the goods vested in the person to whom the supply is made, transaction will be of rendering service within the meaning of S.65(105)(zzzzj) of Finance..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Information as to past user or the past history of object produced is not related to its discovery in the setting in which it is discovered...........
Wakf Act, 1995, Section 3 -- Waqf - Dilapidated wall or a platform cannot be conferred status of a religious place for the purpose of offering prayers/Namaaz in the absence of any proof of dedication or user...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-owners - Injunction - Law is not rigid that in no case injunction can be granted against co-owner - Injunction can be granted at the instance of one co-owner against another co-owner : (a) If one co-owner prevents the other from enjoying the common property, the affected co-owner can certainly approach the Court for..........
Tamil Nadu Value Added Tax Act, 2006 -- Entry 44 Sch.4 Part B - Clarification orders - Challenge as to - Plea that clarification that commodity `Hank yarn' meant only cotton hank yarn is improper and needs to be interpreted properly - When the Entry in question specifically provides for exemption to the goods described as `Hank Yarn' without any ambiguity or qualification,..........
Easements Act, 1882, Section 15 -- Easement - Doctrine of `lost grant' - Lost grant is a presumption from long possession and exercise of right by user of an easement with the acquiescence of owner, that there must have been originally a grant to claimant, which had been lost - However, there should be specific pleading with regard to immemorial user leading to inference..........
