Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off preliminary submissions in the replication - Replication contains averments and evidence in support of original cause of action as mentioned in the plaint and it is answer to the defendant's plea in the written statement - Plaintiff in its replication has neither made out a new case nor a fresh cause of action or..........
Trade Marks Act, 1999, Section 29 -- Infringement of trade mark - Passing off - In the instant case, plaintiff`s `ATS' mark has acquired reputation and goodwill due to extensive use over substantial period of time - As per evidence on record, it is apparent that defendants mala fidely copied trademark `ATS' and are running website without any explicit permission or..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Encroachment made by defendant by raising construction - Plaintiff successfully proved that defendant encroached upon suit land and thereafter raised construction over same, during pendency of trial - Demarcation report submitted by Local Commissioner proves on record encroachment made by..........
Agreement to sell -- Specific performance - Plea of fraud and fabrication - Bald plea of fraud and fabrication alleged by defendant but not an iota of evidence produced to substantiate such plea - Plaintiff on the other hand proved agreement to sell by producing attesting witnesses, typist and Notary public in Court - Said witnesses were duly cross-examined and their..........
Agreement to sell -- Specific performance - Defendant contended that he had not received any earnest money from plaintiff - However, plaintiff examined attesting witnesses of agreement to sell who deposed not only execution of agreement but that defendant received earnest money of Rs.1 lakh - Acknowledgment receipt of further amount Rs.1 lakh paid to son of defendant was..........
Specific Relief Act, 1963, Section 13 -- Imperfect title - Suit for recovery of earnest money - Agreement shows that neither defendant had saleable title qua specific khasra numbers regarding which he agreed to sell to plaintiff nor he alleged that original owners had title qua specific khasra numbers - Even, there was no agreement in favour of defendant by anybody to sell..........
Specific Relief Act, 1963, Section 13 -- Extension of date for execution of sale deed - Suit for recovery of earnest money - Defendant admitted that requisite NOC for sale of land is not available with him or with his own vendors on target date of execution of sale deed - Even, defendants claim that plaintiff agreed for extension of target date but no evidence led by..........
Specific Relief Act, 1963, Section 13 -- Extension of date for execution sale deed - Readiness and willingness - Suit for recovery of earnest money - In the instant case, defendant relied upon some affidavits allegedly given by original owners regarding presence before Sub-Registrar on extended date for execution of sale-deed - However, neither these affidavits is proved..........
Specific Relief Act, 1963, Section 13 -- Readiness and willingness - Suit for recovery of earnest money - Allegedly, original owners were also not exclusive owners of specific khasra numbers which defendant agreed to sell - Even, they were also recorded to be owner of only share in joint holding with their co-sharers - Therefore, without getting partition of property any..........
Agreement to sell -- Suit for specific performance - Maintainability - Once no agreement survives between parties, having been determined by plaintiff on account of failure of defendant to perform his part of agreement then there is no requirement for plaintiff to file suit for specific performance...........
