Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Purchase of property during continuance of prohibitory orders - Confers no right, title or interest in the transferee...........
Civil Procedure Code, 1908, Order 3, Rule 1 -- A party can appear, apply and act in or any Court in person or by a recognized agent or by a pleader - However, appearance, application or act does include right to plead...........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of attorney holder - Power of attorney has to be strictly construed and are construed as giving only that much of authority as they expressly confer or by necessary implication are conferred...........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of attorney holder - Court cannot decline to recognize an implied authority that every agent has, to do whatever is necessary, or ordinarily incidental for effective execution of the expressed authority conferred by the power of attorney..........
Civil Procedure Code, 1908, Section 9, Order 1, Rule 8 -- Jurisdiction - Civil Court to decide all civil suits unless barred - Suit for declaration that decree obtained is null and void and not binding as being obtained by fraud, collusion, illegal and without jurisdiction - Suit in representative capacity - No proclamation in village as required by O.1.R.8 CPC - Held,..........
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..........
Civil Procedure Code, 1908, Order 21, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 3, Succession Act, 1925, Section 214(1)(b) -- Execution - Death of decree holder - Impleading of legal heirs - Succession certificate is essential...........
Civil Procedure Code, 1908, Order 21, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 3, Succession Act, 1925, Section 214 -- Execution - J.D. deposited decretal amount - Decree holder died before withdrawal of amount - Succession certificate to withdraw amount is not required...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - To be read as a whole - Not permissible to cull out a sentence and passage to read it out of the context, in isolation - It is the substance and not the form that has to be looked into - Intention of party is to be gathered from the tenor and term of his pleading taken as a whole...........
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...........
