Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 2(16), (47), 3, 10(2) -- Insurance claim - Driving licence - Plea that driver was having driving licence to drive `heavy goods vehicle' and not having endorsement for driving `transport vehicle' - Held that if a driver is entitled to drive the `heavy goods vehicle' he is entitled to drive the..........
Consumer Protection Act, 1986, Section 2(1)(r), 14(1)(hc) -- Unfair trade practice - Appellant-OP No.2 issued surrogate advertisement for liquor which were displayed on Railway Coaches of Railway Department - Advertisement of liquor prohibited as per the Railway Guidelines for commercial advertising - Held that the appellant who has taken advantage of unfair trade..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Earlier suit was for injunction restraining defendants from committing offending acts - Subsequent suit based on consequences of illegal acts - Not hit by O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of suit U.O.2.R.2 CPC - Omission to claim relief in earlier suit - Defendant must establish ingredients to found his plea - Failure to produce necessary pleadings and judgment in respect of earlier case - Defendant is precluded from contending that subsequent suit is barred U.O.2.R.2 CPC...........
Trade and Merchandise Marks Act, 1958, Section 28, 29, 2(d) -- Trade mark - Registered - Infringement - Cause of action for filing a suit of infringement of trade mark is use of a deceptively similar mark which may not be identical - Deceptively similar means a mark which nearly resembles that other mark as to be likely to deceive or cause confusion...........
Trade and Merchandise Marks Act, 1958, Section 2(d), 2(i), 2(q), 28 & 29 -- Trade mark - Infringement and passing off - Deceptively similar test - Test is as to likelihood of confusion or deception arising from similarity of marks is same both in infringement and passing off actions...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 2, 21, 29, 33 -- Trade mark - Infringement - Ad interim injunction - When prima facie case is made out and balance of convenience is in favour of plaintiff then it is not necessary to show loss of goodwill and reputation to fulfil the requirement of condition of irreparable..........
Trade and Merchandise Marks Act, 1958, Section 2, 15, 29 -- Trade mark - Infringement - Acquiescence - In an infringement of trade mark, delay by itself may not be a ground for refusing to issue injunction - Defence of acquiescence is satisfied when plaintiff assents to or lay by in relation to the acts of another person - Specific knowledge on the part of plaintiff and..........
Trade and Merchandise Marks Act, 1958, Section 2(d) -- Trade mark - Infringement - Respondent permitted to trade from seven outlets - Respondents as such had limited right under the MOU and by reason thereof they could not have been permitted to start manufacturing of spices deceptively similar to that of plaintiff - Injunction granted...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Sale deed to be executed on 10.7.96 - Suit for permanent injuction filed before the stipulated date - Subsequent suit for specific performance - Right to enforce specific performance accured only after date stipulated for execution of sale deed - Suit not barred under Order 2 Rule 2...........
