Registration Act, 1908, Section 49 -- Unregistered document - Suit for permanent injunction - Plaintiffs cannot claim title under said document - However, it could be accepted in evidence and considered for collateral purposes to know the nature of possession claimed by plaintiffs...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiffs were in possession of suit property as on date of filing of suit - Defendants admitted said fact in their written statement - Moreover, defendants do not claim title for suit property - It is therefore, not possible for Court to presume possession in favour of defendants - Findings of Lower..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade Marks Act, 1999, Section 2(zg), 135(1) -- Infringement of trade mark - Injunction - Defendants found in custody of thousands and thousands of counterfeit products including those bearing suit trade marks - Factors establish that defendants are offering counterfeit product bearing the suit trade marks for sale on their..........
Specific Relief Act, 1963, Section 39 - - Mandatory injunction - Seeking vacant possession of house in question from daughter-i, law - Status of son or daughter-i, law in house owned by father and father-i, law, mother and mother-i, law is that of a licensee - In case licensor do not want the licensee in the house owned by him, he can always seek possession by filing suit..........
Specific Relief Act, 1963, Section 39 - - Mandatory injunction - Seeking vacant possession of house in question from daughter-i, law/defendant - Defendant failed to prove that house purchased from funds of Hindu Joint family property - Plea of daughter-i, law that construction of house in question was raised out of funds provided by husband pales into insignificance as..........
Criminal Procedure Code, 1973, Section 142, 133 -- Interim injunction - Executive Magistrate is empowered to pass an interim order of injunction by way of immediate measure u/s 142 Cr.P.C., only when case is covered by provision contained in S.133 Cr.P.C...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Trespasser - Person in possession not owner or tenant or licensee - Status of such a person is that of a trespasser - Trespasser is not entitled to injunction against true owner...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Sought in counter claim at the stage of judgment - Amendment sought in counter claim by substituting "mandatory injunction" by "possession" - Neither there is any whisper as to why amendment is sought at the belated stage nor there is any assertion in application that in spite of due diligence defendant could not..........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Section 100 -- Injunction - Concurrent finding whereby defendants restrained from dispossessing plaintiff except in accordance with law - However, finding that plaintiff can be evicted only under the provisions of H.P. Urban Rent Control Act, 1987, set aside - It is for the defendants to initiate..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of appeal - Bar of subsequent suit - Earlier suit for injunction was dismissed and appeal against the same dismissed as withdrawn - Subsequent suit for recovery of possession in respect of very same subject matter is not maintainable as appeal was withdrawn, when there were findings against plaintiff regarding his..........
