Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 10 -- Temporary injunction - Infringement of registered trademark - Suit for permanent injunction - There were some pleadings in the main suit with regard to "Passing of action" - Trial court while exercising its powers granted temporary injunction and directed plaintiff to amend its..........
Civil Procedure Code, 1908, Section 20 -- Civil suit for recovery based on cheques - Jurisdiction - Question of jurisdiction has to be decided as per S.20 of the Code and not as per the provisions of Negotiable Instruments Act...........
Civil Procedure Code, 1908, Section 20 -- Civil suit for recovery based on cheques - Jurisdiction - Contract for supply of goods - Order was received by plaintiff at Ludhiana where he manufactures goods and goods were to be supplied from there - Payments from time to time were also received by plaintiff at Ludhiana - Impugned cheques also given as part payment of the price..........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Cause of action consists of bundle of facts which give right to enforce the legal injury for redressal - Even if part of cause of action arises within jurisdiction of a Court then that Court has territorial jurisdiction...........
Civil Procedure Code, 1908, Section 148, Order 9, Rule 8, 9 -- Suit - Dismissal for default - Restoration of - Plaintiff directed to pay all costs and produce evidence by next date otherwise suit would stand dismissed - On next date, adjournment sought by plaintiff on the ground of no, availability of counsel - Prayer for adjournment rejected and suit dismissed -..........
Civil Procedure Code, 1908, Section 20 -- Trade and Merchandise Marks Act, 1958 - Relief under Act of 1958 - Jurisdiction - Has to be considered with reference to S.20 of the Code...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Objection as to - Not raised in the temporary injunction application and appeal filed against the order therein - There is no waiver of the right to raise the objection in the written statement...........
Criminal Procedure Code, 1973, Section 397, 401 -- Acquittal - Revision - Reversal into conviction - Legality of - Held, as per S.401(3) Cr.P.C. High Court has no power to convert finding of acquittal into one of conviction in a revision petition filed u/s 397 Cr.P.C. - Having regard to language employed in S.399(1) and (2) Cr.P.C. and limitations provided by S.401(2) to..........
Criminal Procedure Code, 1973, Section 177, 178, Indian Penal Code, 1860, Section 500 -- Defamation - Jurisdiction - Interview to media containing defamatory statement given at one place - Its consequences ensue in places of circulation of newspaper - Prosecution can be launched within jurisdiction of Court over any one of the places wherein such circulation is made - Fact..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Interlocutory order - Finding by Court that it has no jurisdiction and complaint returned for presentation before Court having jurisdiction - Held, such order cannot be termed as interlocutory...........
