Evidence Act, 1872, Section 65, Civil Procedure Code, 1908, Order 7, Rule 14 -- Secondary evidence - Leave required U.O.7.R.14 CPC - Plaintiff only seeks permission to adduce secondary evidence of certain documents - Leave required U.O.7.R.14 CPC if required be obtained after permission to adduce secondary evidence is accorded...........
Trade Marks Act, 1999, Section 2(zb) -- Trade mark - Exclusive use - Plaintiff is registered owner of label mark in Class-30 of Classification of goods and services - In said registration there is a disclaimer for word `MALABAR' - Plaintiff though claims exclusive right over word `MALABAR' since there is a disclaimer to exclusive use of word `MALABAR', he has no right over..........
Trade Marks Act, 1999, Section 135, 2(zb) -- Infringement of Trade mark - Plaintiff selling Biryani Rice with word `MALABAR' and also modified label mark of defendant - Label of defendant containing words `BAROMA', `MALABAR', `GOLD' are circled having a different get up from that of plaintiff - By comparison of two label marks, both appear to be substantially different -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration simplicitor - Suit is maintainable when plaintiff is in possession of suit property...........
Agreement to sell -- Return of advance amount - Agreement in question amounted to a loan transaction - Defendant failed to pay loan amount - He is thus, liable to return the amount - Appellants are assignees from defendant - Their assignment was prior to institution of suit - Appellants cannot be mulcted with liability to return the advance amount received from plaintiff..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title, recovery of possession and for cancellation of sale deed - Registered sale deed of suit property in favour of plaintiff by defendant is proved on record - Subsequent execution of another deed of conveyance by defendant with respect to same property in favour of defendant no.1 is without any authority,..........
Adverse possession -- Date of entry into suit land was not mentioned - In encroachment case, plaintiff prayed for settlement of land in his favour - Element of hostile animus is thus absent - Courts below perfectly justified in holding that plaintiff failed to substantiate his case - Plea of adverse possession not proved...........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity of buyer - Proof of cheque is not proof of availability of amounts in bank account in absence of copy of bank account, which would have shown necessary funds for encashment of cheque - Self serving statement that plaintiff had necessary funds in her bank amount cannot be taken as..........
Agreement to sell -- Specific performance - Discretionary relief of specific performance not granted to plaintiff on mere payment of 14% of sale consideration - However, plaintiff entitled to refund of advance amount with interest @ 7.5% p.a. (Specific Relief Act, 1963, S.20)..........
Agreement to sell -- Breach of agreement - Forfeiture of advance amount - Advance amount cannot be forfeited by merely relying upon clause in the agreement entitling forfeiture of advance amount, in absence of proof of loss caused on account of breach by plaintiff - Defendant entitled to forfeit 10% of advance on account of breach of contract by plaintiff - However,..........
