Clean hands -- Plaintiff has not come to Court with clean hands - Plaintiff is not entitled to injunction...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff filed the suit without disclosing the fact that earlier suit for permanent injunction regarding same property was filed by defendant against plaintiff and his sons which was pending - He has not come to Court with clean hands - Plaintiff not entitled to injunction against defendants...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Except the oral testimony, plaintiff has failed to prove any document to prove her possession on suit property - On the other hand in jamabandis defendant has been shown as owner in possession - Dismissal of suit calls for no interference...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Affidavit in support of application - Bland affidavits without details are not enough to grant relief - If there is a threat to the dispossession/demolition/alienation, threat should be described with reasonable clarity - If there is a right infringed, the manner of infringement should be spelt out..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Affidavit in support of application - Prima facie case, balance of convenience and irreparable loss are not empty phrases - These are the factors to be kept in mind while drafting affidavits and are factors to be kept in mind by judges while granting temporary injunction...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit for permanent injunction for infringement of copyright and passing-off - For establishing goodwill of the product, it is necessary for plaintiff to prove not only the figures of sale of product but also the expenditure incurred on promotion and advertisement of the product...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction for infringement of copyright and passing-off - Statement of accounts signed by Chartered Accountant of plaintiff indicating the expenses incurred on advertisement and promotion and figures of sale may constitute a material which can be considered for examining whether a..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Infringement of copyright - Acquiescence is a defence available in action for the infringement of copyright...........
Agreement to sell -- Specific performance - Execution of agreement to sell during pendency of partition suit - There was no encumbrance or dispute over suit property except partition suit - Suit property could still be sold and transferred - Plaintiff was aware of pending suit while executing agreement to sell which was agreed despite pending litigation - Even, plaintiff..........
Agreement to sell -- Specific performance - Limitation - Time was not essence of contract - Plaintiff filed a suit for permanent injunction against defendant on 15-7-1991 restraining defendant from dealing with suit property - Three years limitation period to file a suit for specific performance commenced when plaintiff filed a suit for permanent injunction i.e on..........
