Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for declaration - Proceedings pending before revenue authority and order passed therein were already assailed and were subject matter of suit itself - Once that be so, any subsequent order passed by revenue authorities would be hit by doctrine of lis pendens and would otherwise have no effect on the proceeding..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Mortgage suit - Once a person comes to Court with a positive stand that document No.4 was only a memorandum of deposit of title deeds post facto, it is not open to Court below to return the plaint on the presumption that there was no valid mortgage deed - Validity of mortgage deed is completely different..........
Patents Act, 1970, Section 108, Trade Marks Act, 1999, Section 29, Civil Procedure Code, 1908 -- Infringement of patent and trade mark - Passing off - Misappropriation or distribution of confidential information - Injunction - Company which invests its time, money and man power in research and development deserves protection against infringement and passing off -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Grant of police aid - Implementation of ad-interim injunction order - Court has power to grant police aid before ad-interim injunction order is made absolute...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - Mere pendency of application to set aside ex parte order at pre registration stage is not a ground to set aside interim order and parties cannot be allowed to take advantage to disobey the interim order of Court/Tribunal...........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of police aid - Implementation of ad-interim injunction order - Issuance of notice to opposite party - Advocate reported no instructions on behalf of his clients - If no instructions was without justifiable cause, party can proceed against advocate for loss he sustained..........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleadings - Matter relating to valuation of suit and payment of Court fees solely rest upon pleadings and relief claimed in the suit...........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 10 -- Maintenance - Striking off defence - Power is not conferred on criminal Court to strike off defence - Proceedings for maintenance u/s 125 Cr.P.C. is criminal proceedings and Family Court while dealing with S.125 Cr.P.C. acts as a criminal Court and not as a Civil Court...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Appeal - Delay of 57 days - Delay occurred due to making application and obtaining certified copy of judgment and also collecting funds for engaging a counsel - Petitioner contested suit right from beginning to date of judgment of trial court but delay occurred in filling the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside ex-parte decree - Delay of 101 days - Condonation - Suit for partition - Petitioners in their affidavit stated about knee operation undergone by counsel, but said fact was not taken into consideration by Court below - Since it is suit for partition and substantial rights of..........
