Evidence Act, 1872, Section 115, 116 -- Doctrine of estoppel, election and waiver - Distinction - Estoppel is based on representation or conduct - While election is based on principle of conscious choice from inconsistent right - Waiver is not a precise term of an art and is sometimes considered as effect of election and usually used in a wider sense as a deliberate..........
Trade Marks Act, 1999, Section 28 -- Trade mark - Infringement - Infringement is remedy provided out of rights granted by registration u/s.28 of the Act - Thus, for purpose of infringement of registered trade mark one has to compare mark which is forming subject matter of registration vis-a-vis mark used by plaintiffs which is found to be objectionable by plaintiffs -..........
Trade Marks Act, 1999, Section 29 -- Trade mark - Infringement - Prima facie marks are apparently different in representation therefore, question of taking advantage over registered device`s good will does not arise and nor same would be an infringement by way of advertisement as provided in Ss.29(4), 29(7), 29(8) of the Act...........
Trade Marks Act, 1999, Section 29, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Infringement - Temporary injunction - Prima facie there is no similarity between story board/script of advertisement of plaintiff`s product and defendant`s product - Script of defendant`s advertisement of product Pudin Hara Lemon Fizz has used `Pet ka Fire Brigade' as a..........
Evidence Act, 1872, Section 115, , Rule 17 - - Estoppel - National Savings Certificate (NSC) issued to appellant in contravention of R.17 of Rules 1981 - No fraudulent representation was ever made to appellant nor the respondent willfully induced appellant to invest in NSC - It was appellant's individual decision to purchase NSC - Rule of estoppel cannot be applied to the..........
Representation of the Peoples Act, 1951, Section 100(1)(b), 123(4) -- Corrupt practices - Election to State Legislature - Contention that printing and publication was made with connivance of first respondent and hence consent should be inferred - Only allegation is on knowledge and connivance on the part of the first respondent - Knowledge and connivance is different from..........
Evidence Act, 1872, Section 116 -- Estoppel - Doctrine of estoppel is steeped in the principles of equity and good conscience - Equity will not allow a person to say one thing at one time and the opposite of it another time - It would estop him from denying his previous assertion, act, conduct or representation to say something contrary to what was implied in the..........
Transfer of Property Act, 1882, Section 43 -- Transfer by unauthorised person who subsequently acquires interest in property transferred - Doctrine of feeding the estoppel - The doctrine is based on the principle of law of estoppel - It simply provides that when a person by fraudulent or erroneous representation transfers certain immovable property, claiming himself to be..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minor - Minor attained majority during pendency of suit - Held, if minor defendant who attained majority does not choose to come on record and contest the suit by himself, he must be deemed to have elected to abide by representation of guardian and judgment and decree eventually passed in suit would be binding..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Offence u/ss 4, 6 of Indecent Representation of Women (Prohibition) Act - Petitioner arrayed as accused No.2 in capacity of printer and publisher of obscene magazine in question - However, the name of printer and publisher mentioned in magazine not ascertained - Whether the publisher is a firm..........
