Civil Procedure Code, 1908, Section 35A, Order 13A, Rule 3 -- Compensatory cost - Suit for infringement of Trade mark - Application for summary judgment - Defendants have no real prospect of successfully defending claim - They notwithstanding their stated position have compelled plaintiff to pursue the matter by taking application for summary judgment - Suit carried over a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 65, 85, Drugs and Cosmetics Act, 1940, Section 18A, Criminal Procedure Code, 1973, Section 439 -- Recovery of prohibited drugs without valid licence - Bail - Accused not fit to be kept in jail for indefinite period - Accused suffering from heart disease and his blood sugar is uncontrolled and is required to..........
Trade Marks Act, 1999, Section 137 -- Infringement of trade mark - Passing off - It is in essence an action based on deceit, fraud is not a necessary element of a right of action and that defendant's state of mind is wholly irrelevant to existence of a cause of action for passing off, if otherwise defendant has imitated or adopted plaintiff's mark...........
Trade Marks Act, 1999, Section 137 -- Infringement of trade mark - Passing off - Substitution of letter `T' for letter `O' is the only difference between two trade names - Plaintiff clearly a prior user would make it clear that first pre-requisite for action in passing off was made out - Division Bench granted interim injunction and stay order - Such stay was continued..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 93.900 kg cannabis - Bail - Secret information - Accused found involved in illicit trade of NDPS - Due compliance of provision of S.42 of the Act made out - Independent witnesses joined the search and seizure process - Twin tests as enumerated in S.37..........
Trade Marks Act, 1999, Section 2(zb) -- Trade mark - Exclusive use - Plaintiff is registered owner of label mark in Class-30 of Classification of goods and services - In said registration there is a disclaimer for word `MALABAR' - Plaintiff though claims exclusive right over word `MALABAR' since there is a disclaimer to exclusive use of word `MALABAR', he has no right over..........
Trade Marks Act, 1999, Section 135, 2(zb) -- Infringement of Trade mark - Plaintiff selling Biryani Rice with word `MALABAR' and also modified label mark of defendant - Label of defendant containing words `BAROMA', `MALABAR', `GOLD' are circled having a different get up from that of plaintiff - By comparison of two label marks, both appear to be substantially different -..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Infringement of Trade Mark - Issues between parties already stand decided by Judgment of Intellectual Property Appellate Board (IPAB) - Said judgment became final being not challenged by either of defendants - Therefore, by applying the spirit of provision of S.11 Explanation I CPC and accepting the finality of..........
Criminal Procedure Code, 1973, Section 439, Punjab Excise Act, 1913, Section 61, Indian Penal Code, 1860, Section 420, 465, 468, 471, Trade Marks Act, 1999, Section 103, 104 -- Bail - Offence u/s 420, 465, 468, 471 IPC, s.61 of Punjab Excise Act and Ss.103, 104 Trademark Act - FSL report has not been received - Offence is triable by Magistrate and only challan has been..........
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 3(1)(b), 2(b), 6(2) -- Parole - For 6 weeks to meet his family - Apprehension shown by respondents that petitioner is convicted in a case registered under NDPS Act and on his release will again indulge in same trade - Said apprehension is not per se of his causing danger to security of State and..........
