Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Infringement of trade mark - Suit for injunction - Trade mark registered during pendency of suit - Sought to be incorporated in plaint by way of amendment - Fresh suit based on infringement will not be barred - There is no justification for refusing amendment - Amendment allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Arbitration and Conciliation Act, 1996, Section 9 -- Franchising agreement - Interim injunction - Refusal - Advertisement in area since December 2011 with regard to opening of new salons by Respondent - Petitioner was well aware of opening of salons in area, yet never moved and/or made any representation to Respondent as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance of agreement to sell - Plaintiff sought temporary injunction restraining defendants from alienating suit property during pendency of suit - Held, interest of both parties can be safeguarded by directing that if defendants want to alienate suit land during pendency of..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Not a bar for passing interlocutory orders such as an order for consolidation of the later suit with the earlier suit or appointment of a Receiver or an injunction or attachment before judgment - The course of action which the Court has to follow is not to proceed with the `trial' of the suit but that..........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Default in repayment of loan - Forcible seizure of vehicle - Suit for mandatory injunction - Defendant having its branch office at Bangalore, vehicle registered at Bangalore and vehicle seized by defendant at Bangalore - Held, Court at Bangalore has jurisdiction in respect of cause of action - Merely..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Suit for specific performance - Protecting the suit property - Can be granted only upon plaintiff performing his part of the contract which the plaintiff is required to be ready and willing to perform at all material times including at the time of filing the suit - This would be only upon payment of..........
Civil Procedure Code, 1908, Section 91, Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Construction of roof on public street - Obvious consequence thereof would be that flow of natural light and air to the adjoining premises would be diminished - Suit filed by neighbour for mandatory injunction as construction has caused special damage to him, is..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Formal defect - Liberty to file fresh suit - Plaintiffs in their plaint have sought declaration and permanent injunction only - However, plaintiffs now are admittedly not in possession of suit property - Consequently, they have to claim relief of possession of suit property - Held, for granting permission..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment - Furnishing of security - Held, perusal of O.38.R.5 of the Code shows that an order for directing defendant to furnish security can be made if court is satisfied that defendant is about to dispose of whole or any part of his property with intent to obstruct or delay execution of any decree that may be passed..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Grant of - Factors to be taken into consideration - Held, no court can make an order granting temporary injunction in favour of plaintiff without recording clear finding on three aspects viz. - (i) existence of strong prima facie case in favour of plaintiff; (ii) balance of convenience in favour of..........
