Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh suit on the same cause of action - Permitted without giving any reason as to why the suit is liable to fail or as to what material defect was there in the suit - Order allowing withdrawal of suit set aside and case remanded for disposal on merits...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Plea of non-joinder of necessary parties raised by defendant - An issue also framed to that effect - Merely on such a plea applicant cannot be impleaded as a party against the wishes of plaintiff - If ultimately presence of applicant is found vital to the adjudication, the suit may be dismissed for..........
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..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Plaint - Pleadings must be construed in its entirety...........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 1(4)(since - - Constitutional validity - Held, S.1(4) of Act to the extent it says that acts mentioned in Section 3 committed on or before 24.05.1995 can still be treated as a crime and punished under the TADA, though the same act committed after 24.05.1995 cannot, is ultra vires Art.14 and hence is..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Violation of - Police help for implementation of order - Jurisdiction of trial Court to pass order - Trial Court granted ad interim injunction restraining defendants from interfering in the possession of the plaintiffs - Applications for providing police help for serving and harvesting..........
Civil Procedure Code, 1908, Order 22, Rule 1 -- L.R's - Substitution - Some of L.R's impleaded - Does not mean that they alone are entitled to inherit entire subject matter of litigation - Question of inheritance is not decided and it is only a question of representation of estate which is decided under O.22 CPC - person who represents estate acts on behalf of entire body..........
