Trade Marks Act, 1999, Section 29, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Infringement of trademark - Passing off action - Plaintiff seeking interlocutory injunction against defendant who is using trademark `Bufer' deceptively similar to that of plaintiff `BUFIN'- Said trademark is used by defendant for identical product - Plaintiffs also establishing goodwill..........
Specific Relief Act, 1963, Section 41 -- Permanent injunction - No threat of forcible dispossession - Injunction refused - Order upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - An interim injunction which has the effect of granting final relief should not be granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for defamation against Magazine - Interim order passed against publisher restraining him from re-publishing defamatory articles in question or writing any such defamatory article in future - No ground to interfere...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Granted without disclosing reasons as to how Court came to conclusion that plaintiff has a prima facie case - Impugned order set aside and matter remitted back for decision afresh...........
Specific Relief Act, 1963, Section 34, Specific Relief Act, 1963, Section 34 -- Suit for declaration of title simpliciter not maintainable unless consequential relief is also prayed for i.e. relief of possession - In the instant case plaintiff also prayed for permanent injunction restraining defendant from interfering in the possession of plaintiff - Suit maintainable in..........
Specific Relief Act, 1963, Section 38, 39 -- Public pathway - Illegal encroachment - House of plaintiff abutting on public pathway - Plaintiff is entitled to make use the pathway which is in front of his house - Plaintiff being the aggrieved person is entitled to seek mandatory injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from dispossessing plaintiff as possession is alleged to be delivered at the time of execution of agreement of sale - Only earnest money paid and sale deed yet to be registered - No prima facie case in favour of plaintiff - Right of plaintiff..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction and maintenance - Proposed amendment seeking relief of maintenance - Material facts as to maintenance pleaded in pleadings but there was no specific prayer for maintenance in prayer clause - Claim for maintenance not barred by time - Amendment allowed...........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 38 -- Second appeal - Perpetual injunction - Right to use a passage - Suit filed without seeking relief of declaration of such right - Maintainability of suit - Suit can be maintained if plaintiff claims right of exclusive possession over the property - Therefore, declaration as to the right to use..........
