Civil Procedure Code, 1908, Order 39, Rule 4, Trade Marks Act, 1999, Section 28(3) -- Ex parte ad interim injunction - Vacation of - Infringement of trade mark - If an action for violation or infringement of trade mark is brought about by party against another person or a defendant claiming infringement whose trade mark is also registered though in different class such an..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Distinction between provision of O.26.R.9 and O.39.R.7 CPC - O.39.R.7 CPC can be used while dealing with a temporary injunction or an interlocutory order and O.26.R.9 CPC can be used at any stage of the trial...........
Civil Procedure Code, 1908, Order 39, Rule 7 - - Inspection report U.O.39.R.7 CPC can be used as evidence by Court...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction against no, party to suit can be granted u/s 151 CPC - But same does not imply that it is to be granted at mere asking...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ex parte ad interim injunction - Suit for partition - Defendants were negotiating to sell the property in dispute and change the nature of land by raising construction - There was an urgency in the matter as nature of property in suit is required to be maintained - In case any construction is raised it will create..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ex parte ad interim injunction - O.39.R.3 requires Court to record reasons for granting ex parte injunction - There is no absolute prohibition for grant of ex parte injunction - However, Court is required to record reason for grant of ex parte injunction...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1 -- Ad interim injunction - Implementation - Police protection - Application be dealt with expeditiously and should not be adjourned to longer dates - In case an application for vacating ad interim injunction is pending then both the applications be disposed of simultaneously...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering with possession of plaintiff - Defendant claiming to be in possession of property under an unregistered agreement of sale - Said agreement of sale shall have no effect for purpose of S.53-A of T.P.Act - Plaintiff on the other hand produced registered sale deed..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from obtaining electric connection for the Tubewell in the name of Respondent No.1 alone - Injunction suit filed during pendency of suit for partition - If electric connection is granted in the name of Respondent No.1 alone that would not adversely affect the rights of any..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim Injunction - Co-sharer cannot legally be permitted to raise construction, which changes the nature of property detrimental to the interest of other co-sharer, unless the matter is finally decided by the concerned court - Parties are directed to maintain status-quo with regard to existing position of..........
