Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for injunction decreed - Second appeal - Defendants claimed that father of defendant No.1 was allotted patta for residential purposes and over said portion defendants had constructed house and land in dispute was included in said portion - Lower Appellate Court held that chabootaras of defendants was in..........
Possession -- Relief of possession can be granted where relief for mandatory injunction with a direction to the defendants to vacate the disputed land is prayed. (Specific Relief Act, 1963, S.39, Civil Procedure Code, 1908, O.7.R.7)...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Application for - Expeditious disposal of - Petitioner sought direction that his application for grant of interim injunction may be disposed of expeditiously as defendant is threatening to take over possession of property in collusion with some property dealers - Notice has been served upon defendant..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Main claim of plaintiff-petitioner had been that defendant No.1 has got 1/8th share in property mentioned in heading of plaint - Defendant No.1 having sold property despite injunction order and subsequent event having cropped up warrant incorporation of new pleas and new relief of declaration by..........
Specific Relief Act, 1963, Section 38,20,41(h), Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Injunction suit - Not maintainable when remedy of filing suit for specific performance is available - Plaintiff cannot claim temporary injunction in pending suit for injunction simpliciter...........
Trade Marks Act, 1999, Section 135 -- Infringement of trade mark - Suit for injunction - Continuing cause of action - Held, infringement of a registered trade mark gives rise to a continuing cause of action so long as alleged infringement persists - Since this is not the case of defendants that use of impugned packaging has been discontinued by them, it cannot be said..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Infringement of trade mark - Suit for injunction - Trade mark registered during pendency of suit - Sought to be incorporated in plaint by way of amendment - Fresh suit based on infringement will not be barred - There is no justification for refusing amendment - Amendment allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Arbitration and Conciliation Act, 1996, Section 9 -- Franchising agreement - Interim injunction - Refusal - Advertisement in area since December 2011 with regard to opening of new salons by Respondent - Petitioner was well aware of opening of salons in area, yet never moved and/or made any representation to Respondent as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance of agreement to sell - Plaintiff sought temporary injunction restraining defendants from alienating suit property during pendency of suit - Held, interest of both parties can be safeguarded by directing that if defendants want to alienate suit land during pendency of..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Not a bar for passing interlocutory orders such as an order for consolidation of the later suit with the earlier suit or appointment of a Receiver or an injunction or attachment before judgment - The course of action which the Court has to follow is not to proceed with the `trial' of the suit but that..........
