Evidence Act, 1872, Section 59, 61, 62, 3, Transfer of Property Act, 1882, Section 54 -- Sale deed - Recital of payment of price - Payment disputed - Held, when price for the sale is disputed and is in issue, mere admission of execution of a sale deed which contains a narration of a past or future event of payment of price for the sale will not prove that there was payment..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11, Trade Marks Act, 1999, Section 134(2), Copyright Act, 1957, Section 62 -- Appellant filed a suit for permanent injunction restraining respondent from infringement of trade mark, copy right, rendition of accounts etc. against respondent at Amritsar - Application filed by respondent U.O.7.R. 11 CPC which was allowed..........
Evidence Act, 1872, Section 61, 62, 58 -- Company - Board resolution - Certified copy - Cannot be admitted in evidence directly unless the original is proved or the copy is admitted by opposite party...........
Evidence Act, 1872, Section 61, 62 -- Company - Board resolution - Certified copy - Cannot be admitted in evidence directly unless the original is proved or the copy is admitted by opposite party - Certified copy marked as exhibit without formal proof - Held, it cannot be treated to have been proved unless appropriate evidence is led to prove it...........
Copyright Act, 1957, Section 62, Trade Marks Act, 1999, Section 134 -- Infringement of copyright and trademark - Passing off action - Appellant making application for registration for copyright for mark `Ashika`s Eenadu' similar to `Eenadu' newspaper and TV which is extremely well known and almost household words in the State of Andhra Pradesh - Word `Eenadu' may be a..........
Evidence Act, 1872, Section 62, 63 -- Affidavit - Original affidavit not produced - Permission to prove affidavit by way of secondary evidence not sought - Even otherwise affidavit not proved in any manner - Held, affidavit cannot be relied upon...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 62, 63, 64, 65 -- Dishonour of cheque - Service of summons - Can be effected through registered post/speed post or by courier - Court can declare served in case there is refusal to receive summons - Court can take coercive measures for entering appearance of accused - Service by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 61, 62 -- Recovery of contraband from a jeep - Seizure of jeep - Release of vehicle - No prohibition in the Act for grant of interim custody to the owner during pendency of trial - Trial not likely to be taken up for hearing in the near future - Condition of vehicle likely to deteriorate if kept with the..........
Limitation Act, 1963, Article 62 -- Loan against mortgage of property created whether as a principal liability or collateral security - Suit for enforcing mortgage can be filed within 12 years from the date when the money sued for becomes due...........
Contract Act, 1872, Section 127, Limitation Act, 1963, Article 62 -- Surety - Equitable mortgage for a loan - Can be proceeded against within 12 years u/s 62 even when the debt gets barred against the principal debtor - Liability of surety will continue unless the principal debtor is discharged from the liability...........
