Civil Procedure Code, 1908, Order 6, Rule 16, Civil Procedure Code, 1908, Order 14, Rule 5 -- Order dismissing applications U.O.6.R.16, O.14.R.5 CPC - Composite petition u/art 227 of Constitution challenging said order disposing of two miscellaneous applications is not maintainable for misjoinder of cause of action - Dismissal of two miscellaneous applications unconnected..........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - In order to prosecute an accused for an offence punishable u/S.188 of IPC, it is mandatory to follow procedure prescribed u/S.195 of Cr.P.C., else, such action is rendered void ab initio...........
Limitation Act, 1963, Article 65 -- Suit for possession - Limitation - Accrual of cause of action - Period of limitation commenced when defendant filed written statement in the earlier suit denying title of plaintiff...........
Malicious prosecution -- Action against erring officials - Obtaining factual scenario calls for constitution of a Committee to find out ways and means to take appropriate steps against the erring officials - For the said purpose committee constituted which shall be headed by former judge of Supreme Court - Central Government and State Government are directed to nominate..........
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..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for specific performance and damages of double the advance price paid was dismissed - Subsequent suit for recovery of advance paid - Cause of action in subsequent suit for refund of advance amount accrued in favour of plaintiff only when earlier suit for specific performance and damages..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Suit property sold by father of plaintiffs in 1988 and he died in 1994 - Daughters do not become coparcenars if father was not alive in view of Amendment brought to S.6 of Hindu Succession Act - There is thus, clear bar to seek partition of property - Except suit property other..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Deceased himself was owner-cum driver of offending vehicle - Accident occurred due to rash and negligent driving of deceased - Deceased being owner of offending vehicle was not a third party within meaning of the Act - Since deceased was victim of his own action of rash and negligent driving, he..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of possession, on making refund of premium of sub-lease - Plaintiff asserting their right to re-enter in possession, by making refund of premium of sub-lease, which was distinct from right of re-possession - Suit based on vague right of re-entry, not maintainable - Amendment sought..........
