Specific Relief Act, 1963, Section 39, 40, 41(h) -- Perpetual injunction - Cannot be granted when equally efficacious relief can be obtained by any other usual mode of proceeding...........
Specific Relief Act, 1963, Section 39, 40, 41(h) -- Suit for mandatory injunction directing defendant to discharge obligation of payment of assessed contract value arising out of contract bond with interest - Held, appropriate remedy is to file suit for recovery of money due under the contract - Suit, held, not maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Legal representatives - Suit for permanent injunction - Death of plaintiff - Right to sue does not survive - Suit abates...........
Specific Relief Act, 1963, Section 37, 38, 34 -- Suit for injunction - Both parties claiming title - Plaintiff failing to claim relief of declaration and not even establishing his possession - Held, suit rightly dismissed...........
Civil Procedure Code, 1908, Section 4(a), (b), 19, Order 39, Rule 1, 7 - - Registered design - Infringement - Interim injunction - Much prior to application for registration of design was made, there were exchange of notice and issuance of legal notices between plaintiff company and defendant company in respect of same product dates and packing method etc. - Design in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade Marks Act, 1999, Section 135 -- Passing off action - Interim injunction - Both articles give the impression as to deceptive or near similarities - It is a clear case of misrepresentation and deception amounting to an act of passing off - No explanation on the part of defendant for adoption of such identical colour..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Order of status quo - Defendant by filing counter claim seeking relief of possession - Shows that defendant is not in possession - No factual or legal error in the order impugned...........
Punjab Land Revenue Act, 1887 -- Entries in Khasra Girdawari - Correction of - Civil suit filed by respondent Nos.2 to 4 has already been dismissed as they failed to prove their possession as well as ownership over disputed land - Even petitioners had filed suit for declaration and injunction which they withdrew - Held, such entries are to be made on basis of possession -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Breach of agreement - Plaintiff/petitioner has miserably failed to make out necessary ingredients of prima facie case, balance of convenience and irreparable loss or injury for grant of temporary injunction - Held, Courts below have rightly declined temporary injunction to plaintiff - Impugned orders..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Plaintiff had not been able to prove that property in dispute was joint property of the parties - Trial Court was of the view that appellant will not suffer any irreparable loss in case suit is decided finally, but has failed to consider that if it comes in the conclusion that property in..........
