Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Passing off - An action for passing-off lies when the defendant company's name, or its intended, name, is calculated to deceive, and so to divert business from the plaintiff or to occasion a confusion between the two businesses - Where there is probability of confusion in business, an injunction will be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Principles for the grant of injunction are the same as in the case of any other action against injury complained of - Plaintiff must prove a prima facie case, availability of balance of convenience in his favour and his suffering an irreparable injury in the absence of grant of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Muktajivan Colour Lab and Studio run by plaintiff at least since 1995 - Defendant intending to start Colour Lab business by using word Muktajivan - Intention of the defendant to divert business or customers to himself is apparent - Defendant restrained from using directly or indirectly the word `Muktajivan' in..........
Civil Procedure Code, 1908, Order 23, Rule 1(5) -- Withdrawal of suit - Several plaintiffs - Suit cannot be allowed to be withdrawn by one plaintiff without the consent of other plaintiffs...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1(5) -- Several plaintiffs - Suit allowed to be withdrawn by one plaintiff without the consent of other plaintiffs - Restoration application u/s 151 CPC by plaintiff not consenting to compromise is maintainable...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1(5) -- Withdrawal of suit - Several plaintiffs - One of the plaintiffs not consenting party to the compromise - Plea that when counsel representing the plaintiffs signs underneath the statement made before the Court, then his statement is binding upon the non consenting plaintiff - Held, in view of the fact that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Restraining a co-sharer from raising construction - A co-sharer or a vendee from him cannot be restrained from enjoying property of his share by raising construction - This right, however, shall remain subject to partition...........
Civil Procedure Code, 1908, Order 33, Rule 3, Civil Procedure Code, 1908, Order 44, Rule 1 -- Suit in forma pauperis - Advocate - Cannot be an agent within the meaning of O.33.R.3 for presenting an indigent appeal on behalf of his client since he will not be able to answer questions that Court may put to him in the context of O.33 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- `Undue influence' - Pleading - Use of actual words `undue influence' is not the requirement - If there are sufficient averments in the pleadings which show that there is undue influence, it cannot be said that there is no pleading of undue influence...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Some of the principles governing are - Whether there is a likelihood of deception or confusion arising is a matter for decision by the Court and that all factors which are likely to create or allay deception or confusion must be considered in combination - Factors creating confusion are the nature..........
