Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Trade mark - Restraining defendant from using trade mark, label and logo - Interim injunction granted on prima facie factual finding that colour of packaging material and photo, designs used in both the labels are similar and without detailed analysis, difference cannot be made out and that it can lead..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Enquiry U.O.20.R.12 CPC is continuation of the suit and is in the nature of preparation of final decree - Therefore, any application moved as a reminder for completing the inquiry is neither barred by limitation nor liable to be dismissed on the ground of delay or laches...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of reply filed to eviction petition - Application seeking amendment of reply filed 10 years ago on the basis of facts already pleaded in the reply, speaks volumes about lack of diligence on the part of tenant - Amendment sought to be incorporated is neither warranted nor necessary - Application rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Title suit - Dispossession in violation of order of injunction - Amendment of plaint sought to seek consequential reliefs - Trial Court while allowing amendment held that proposed amendment involving question of encroachment and recovery of possession unless incorporated by way of amendment, real..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Raising of a new plea at the second appellate stage would not be proper and that would not give rise to a substantial question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Re-appreciation of evidence to arrive at a different conclusion is quite restricted in exercise of jurisdiction u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Finding on executability of the agreement, proof of its contents, question of readiness and willingness on the part of plaintiff to get the sale deed executed, are pure findings of fact based upon material available on record - Court does not find any apparent perversity in the view..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Even if there is no application U.O.7.R.11 CPC, it is required on the part of Court to see ingredients of O.7.R.11 CPC and if it is found, plaint may be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Order passed U.O.7.R.11 CPC - Revision is maintainable against such an order and even otherwise, alternative remedy is not the absolute bar...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Once objection is raised about insufficiency of Court fee, it is required on the part of Court to decide the same first and then proceed to decide the other issues...........
