Trade Marks Act, 1999, Section 134 -- Jurisdiction of Court - Infringement of trade mark - Registered proprietor or a registered user of trademark may institute an infringement suit where plaintiff resides or carries on business even if cause of action does not arise at that place...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 7, Rule 10 -- Rejection/return of plaint - Jurisdiction of Court - Infringement of trade mark - Suit filed at the place where plaintiff resides and has his principal place of business - Registered proprietor or a registered user of trademark may institute an infringement suit where plaintiff..........
Civil Procedure Code, 1908, Section 104(2), Order 43, Rule 1(r) -- Appeal - Not maintainable against an order in appeal filed U.O.43.R.1(r) CPC - Once an appellate Court has exercised jurisdiction U.O.43.R.1(r) CPC, does not provide a further appeal under the same rule...........
Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Expeditious disposal of case - Case status goes to show that Commissioner's report is not filed since 10.10.2022 to 11.9.2025 - As on date status of main petition is for filing report of Advocate Commissioner - Since divorce petition is of the year 2018, trial Court shall proceed with the matter on day to day basis..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Where an application is made for rejection of plaint on the ground that suit is barred by law of limitation, it would be duty of Court to scrutinize the averments contained in plaint as a whole and on their face value to ascertain the bar of limitation and to take a decision..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - If in an exceptional case Court feels need to travel beyond scope of writ petition and make observations, the least a party is entitled to is an opportunity to explain and defend themselves...........
Civil Procedure Code, 1908, Section 24 -- Transfer of custody petition - Applicant is a widow lady who is fighting for custody of her two minor children, who are alleged to have been illegally taken over by her brother-in-laws - It will be inconvenient for applicant whose one minor son aged 3 years is residing with her, to attend Court proceedings at Thane, which is around..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Non-filing of written statement - Merely because a party did not lead evidence or merely because party did not file a written statement, proceeding are not to be decreed automatically - There has to be finding and an application of mind by trial Court as to whether party despite not filing her written statement nor leading..........
Special Marriage Act, 1954, Section 27 -- Divorce decree - Wife neither filed any written statement nor led any evidence - Trial Court granted divorce in favour of husband without analyzing the evidence led by husband - Trial Court disposed of the case in a causal and mechanical manner - There are no reasons of whatever nature assigned while decreeing said proceeding -..........
Agreement to sell -- Specific performance - Agreement was executed in respect of tentative allotment of 250 sq. yd., whereas the actual area turned out to be 412.41 sq. yd. nearly two and half years later - Moreover transfer to Defendant No.3 took place almost four decades ago - Urban property prices have escalated steeply - It will be wholly inequitable and contrary to..........
