Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Restraining a co-sharer from raising construction - A co-sharer or a vendee from him cannot be restrained from enjoying property of his share by raising construction - This right, however, shall remain subject to partition...........
Civil Procedure Code, 1908, Order 33, Rule 3, Civil Procedure Code, 1908, Order 44, Rule 1 -- Suit in forma pauperis - Advocate - Cannot be an agent within the meaning of O.33.R.3 for presenting an indigent appeal on behalf of his client since he will not be able to answer questions that Court may put to him in the context of O.33 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- `Undue influence' - Pleading - Use of actual words `undue influence' is not the requirement - If there are sufficient averments in the pleadings which show that there is undue influence, it cannot be said that there is no pleading of undue influence...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Some of the principles governing are - Whether there is a likelihood of deception or confusion arising is a matter for decision by the Court and that all factors which are likely to create or allay deception or confusion must be considered in combination - Factors creating confusion are the nature..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Plaintiff using the word 'Mahindra' and 'Mahindra & Mahindra' in its companies/business concerns for five decades - Name has acquired a distinctiveness in trade circles - People have associated the name 'Mahindra' with a certain standard of goods and services - Use of such name by others will..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non joinder of proper parties - Suit not to be dismissed - However, this rule does not apply in case of non joinder of necessary parties - Opportunity cannot be given to plaintiff to implead necessary parties when despite preliminary objection he declined to implead necessary parties...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of necessary parties - Power should be exercised at the stage of trial and avoided to be exercised at the appeal stage, more so, if despite objections at the earliest plaintiff fails to impleaded the necessary parties...........
Civil Procedure Code, 1908, Order 50, Rule 1 -- Small Cause Court - Decree - Execution - Court of Small Causes has no power to attach immovable property of J.D. to recover the decretal amount - Movable property can only be attached...........
Civil Procedure Code, 1908, Order 16, Rule 1, 10 -- Witnesses summoned and diet money and process fee paid - Inspite of this evidence closed by order - Held, in the event of non-receipt of the summons from the process serving agency, the official at fault is answerable and in case witnesses do not appear despite service then the Court to proceed against them U.O.16.R.10 -..........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Closure of evidence by order - Application U.O.18.R.17 dismissed - Revision against order closing evidence is still maintainable when evidence was ordered to be closed inspite of the fact that Diet Money and Process fee of witnesses had been deposited as the order is perverse..........
