Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section , Order 43, Rule 1(r) -- Temporary Injunction - Scope of interference in appeal - Appellate Court is required to interfere in order passed by the Trial Court on application under order 39 Rules 1 & 2 for temporary injunction when Trial Court acts arbitrarily, capriciously or perversely in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Suit for permanent injunction restraining defendants from raising construction on joint land - Plaintiff concealed factum of family partition between co-sharers - Has not approached the Court with clean hands - Not entitled to equitable relief of injunction...........
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 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering in possession - Right to hold property was on strength of lease deed for a period of 99 years which was duly registered - Registered document carries evidentiary value - Grant of injunction, held, not illegal...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Not to be granted against the execution of a lawful decree...........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 1, 2 -- Temporary injunction - Execution of a decree - Injunction cannot be granted - Subsequent suit is barred on a plea which was available to a party in the previous suit - Courts below have exercised jurisdiction which did not vest in them in entertaining a suit against execution of a decree though all questions..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Raising of construction - Not permissible before getting the land partitioned - Raising of construction is likely to affect the rights of plaintiff - Rights of co-sharer are required to be protected - Held, defendant rightly restrained from raising construction...........
