Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Against licencee - Defendant in his averments has not claimed or proved any other status of his possession, thus his possession over suit property is mere licencee - Being a third person, defendant has no right, title or interest to challenge the title of property - Even if plea of defendant that he..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Death of one of three plaintiffs - Suit for permanent injunction - Plaintiffs occupying three different portions of suit property and have filed a joint suit for enforcement of their individual right to use the main gate of the same - Case based on common cause of action - On death of one of plaintiffs,..........
Patents Act, 1970, Section 108, Trade Marks Act, 1999, Section 29, Civil Procedure Code, 1908 -- Infringement of patent and trade mark - Passing off - Misappropriation or distribution of confidential information - Injunction - Company which invests its time, money and man power in research and development deserves protection against infringement and passing off -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Grant of police aid - Implementation of ad-interim injunction order - Court has power to grant police aid before ad-interim injunction order is made absolute...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - Mere pendency of application to set aside ex parte order at pre registration stage is not a ground to set aside interim order and parties cannot be allowed to take advantage to disobey the interim order of Court/Tribunal...........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of police aid - Implementation of ad-interim injunction order - Issuance of notice to opposite party - Advocate reported no instructions on behalf of his clients - If no instructions was without justifiable cause, party can proceed against advocate for loss he sustained..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory and mandatory injunction - Restraining defendant from constructing a latrine and to raise a retaining wall on suit property - However, suit land was not demarcated by plaintiff before filing the suit - She was not even aware of Khasra no of suit property - Moreover, plaintiff failed to produce any material..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent prohibitory injunction - Declaration sought that suit property is ancestral property and it cannot be divested by father of plaintiff by way of relinquishment deed - No material adduced by plaintiff that suit land was ancestral property and plaintiff having coparcenary rights over the same - As..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Counter claim - Amendment - Relief of mandatory injunction to remove encroachment sought by way of counter claim - Amendment sought to seek relief of permanent injunction to restrain plaintiff from encroaching upon the remaining portion of passage - Amendment sought after trial has commenced - However, since amendment sought..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Trial Court committed error by concluding that there was prima facie case regarding three properties for which injunction was ultimately granted without discussing as to how suit properties were joint - On this count alone order passed by trial Court cannot be sustained and hereby..........
