Specific Relief Act, 1963, Section 38, Transfer of Property Act, 1882, Section 53A -- Suit for permanent injunction - Possession delivered in pursuance of agreement to sell - Suit is not maintainable in absence of relief prayed for specific performance of agreement...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Interim injunction - Vacation - Plaintiff obtained loan from defendant - Plaintiff seeking injunction against encashment of cheques issued - Claim of plaintiff that those cheques were not intended for repayment of loan - Agreement pleaded by plaintiff whereby cheques were to be treated as collateral and not to be encashed not..........
Civil Procedure Code, 1908, Order 39, Rule 3A, 4, Civil Procedure Code, 1908, Order 43, Rule 1 - - Injunction - Vacation - Non disposal within 30 days - Affected party can prefer appeal - Limitation for filing appeal commences on date when it was clear that application is not disposed of...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Father of minor sold property of minor - Father of minor received certain amount as `advance money' but pleaded it as security amount - No tenancy agreement, rent receipt or other document produced by father/defendant proving it to be security deposit - Relief sought, to be granted...........
Civil Procedure Code, 1908, Section 80(2) -- Leave to institute suit without notice - Grant of temporary injunction after hearing the parties - It does not amount to impliedly granting leave to institute suit without serving notice...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 29, 106 -- Trade mark - Passing off - Temporary injunction - Mere delay in bringing the matter to Court is not a ground to defeat the case of the plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 29, 106 -- Trade mark - Passing off - Temporary injunction - Before the use of a particular mark can be appropriated it is for the plaintiff to prove that the product that he is representing had earned a reputation in the market and that this reputation had been sought to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 29, 106 -- Trade mark - Passing off - Temporary injunction - Similarity - Principle of similarity not to be very rigidly applied - If it could be prima facie shown that there was a dishonest intention on the part of the defendant in passing off goods, an injunction should..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 29, 106 -- Trade mark - Passing off - Temporary injunction - In the case of a passing off action the similarities rather than the dissimilarities have to be taken note of by the Court and the principle of phonetic 'similarity' cannot be ignored and the test is as to whether a..........
Arbitration and Conciliation Act, 1996, Section 9 -- Interim injunction - Exercise of power u/s 9 of the Act must be based on well recognized principles governing the grant of interim injunctions and other orders of interim protection or the appointment of a receiver...........
