Infringement of Copyright -- Permanent injunction - Damages - Testimony of witnesses of plaintiff and documentary evidence adduced has proved the case of plaintiff hence, plaintiff is entitled to decree of permanent injunction - Since, acts of defendants not only pose grave threat to entire creative business of plaintiff but also affect livelihood of many creative..........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - A decree of permanent prohibitory injunction can only be issued if plaintiff is found to be in possession, especially when title is based on possession...........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - Plaintiff claimed his title on the basis of his possession - However, plaintiff dispossessed from a major portion of property during pendency of suit and he had not claimed any relief of possession - Plaintiff was out of possession and he cannot be put in possession, without his making a prayer for..........
Protection of Women From Domestic Violence Act, 2005, Section 19(1)(b) -- Domestic violence - House jointly owned by husband and wife - Wife seeking mandatory injunction to direct husband to move out of matrimonial house - Held, Magistrate on being satisfied that domestic violence has taken place can remove spouse from the shared household - Family Court rightly exercised..........
Suit for declaration -- Possession - Permanent injunction and damages - Plea of plaintiff that he purchased the property individually - Plea of defendants that property in question was jointly purchased by plaintiff and defendant - Both the parties failed to prove title documents - However, plaintiff was in prior possession of suit property and his prior possession not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 14(1)(c)(e) -- Interim injunction - Private contract of personal service - Courts do not grant injunctions to direct continuation of a contract which by its terms is determinable vide Ss.14(1)(c), 41(e) of Specific Relief Act...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Grant of relief till the time the land inter se parties is not partitioned by metes and bounds - Order upheld...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Detention in civil prison - Disobedience of decree for permanent injunction - Apart from his own evidence, no independent witness examined by J.D's to falsify stand taken by D.H. - As more than six years have passed after J.D's were held guilty for wilful disobedience as such order of civil detention modified by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2.O -- Temporary injunction and appointment of receiver - Property ordered to be put on public auction by appellate Court in an appeal against order granting temporary injunction and appointing receiver - None of the parties did suggest the disposal of suit property by public auction - Neither any exceptional circumstances nor..........
Contempt of Courts Act, 1971, Section 12, Civil Procedure Code, 1908, Order 39, Rule 2 -- Disobedience of order of injunction - Order of injunction passed by District Judge - Contempt petition u/s 12 of Contempt of Courts Act in High Court - As it is imperative to come to a definite conclusion before punishing concerned respondent as to whether he indeed willfully..........
