Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Principles of constructive res judicata - Suit for injunction - Dismissed - Plaintiff restrained from interfering with physical possession of defendant - Plaintiff filed suit for possession - Relief for recovery of possession could not have been asked for in that suit - A relief which was..........
Electricity Act, 2003, Section 145, Civil Procedure Code, 1908, Section 9 -- Electricity - Excess billing - Civil suit - Held, Civil Court has no jurisdiction in entertaining an injunction suit challenging electricity theft bill if plaintiff has not exhausted remedy contemplated under the Electricity Act...........
Trade Marks Act, 1999, Section 2(1)(h), 28, 29, 135 -- Infringement of Trademark - Deceptively similar trademark test - Plaintiffs seeking interim injunction restraining defendant from using trademark `FOLV', allegedly similar to their `FOLVITE'- Plaintiffs proprietor of mark `FOLVITE' registered since 1946 - Plaintiffs prima facie establishing goodwill associated with..........
Specific Relief Act, 1963, Section 36, 37 -- Injunction - Trespasser - No injunction can be granted in favour of a trespasser against a true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Purchase of property during continuance of prohibitory orders - Confers no right, title or interest in the transferee...........
Hindu Law -- Joint Family Property - Oral relinquishment of share - A co-parcener or a sharer in joint family property can surrender his share orally at the time of partition - However, surrender of self acquired property is invalid...........
Punjab Pre-emption Act, 1913, Section 15(1), (2) -- Claim for superior right of pre-emption - Plaintiff filed suit to pre-empt sale made by vendor in favour of defendant by claiming himself to be related to vendor and being co-sharer - Plea of vendor that he and his sister were jointly owners of half of suit land and also plaintiff cultivating separately - Vendee has..........
Trade Marks Act, 1999, Section 29, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Infringement of trademark - Passing off action - Plaintiff seeking interlocutory injunction against defendant who is using trademark `Bufer' deceptively similar to that of plaintiff `BUFIN'- Said trademark is used by defendant for identical product - Plaintiffs also establishing goodwill..........
Specific Relief Act, 1963, Section 41 -- Permanent injunction - No threat of forcible dispossession - Injunction refused - Order upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - An interim injunction which has the effect of granting final relief should not be granted...........
