Civil Procedure Code, 1908, Order 39, Rule 2-A -- High Court - Has jurisdiction to entertain application U.O.39.R.2-A when order of injunction granted by trial Court and confirmed by High Court is violated...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Some of the principles governing are - Whether there is a likelihood of deception or confusion arising is a matter for decision by the Court and that all factors which are likely to create or allay deception or confusion must be considered in combination - Factors creating confusion are the nature..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Plaintiff using the word 'Mahindra' and 'Mahindra & Mahindra' in its companies/business concerns for five decades - Name has acquired a distinctiveness in trade circles - People have associated the name 'Mahindra' with a certain standard of goods and services - Use of such name by others will..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Suit for cancellation of decree alleged to be obtained by fraud and misrepresentation and in the alternative relief of permanent injunction sought restraining the defendant from executing the decree - Plaintiff is required to pay ad-valorem Court fee...........
Civil Procedure Code, 1908, Order 5, Rule 15, Civil Procedure Code, 1908, Order 5, Rule 25 -- Wife of defendant seeking vacation of injunction order - Wife not a party to the proceedings and she also failed to get herself impleaded as a party - Nothing to show that she is authorised to file such a petition on behalf of her husband - She is not an aggrieved party -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Seeking relief of damages in lieu of or in addition to injunction - Can be permitted to be claimed at any stage of proceedings and bar of limitation is not attracted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for injunction - Amount sought to claim relief of damages in lieu of or in addition to injunction - Allowed - Amendment on ground of limitation cannot be refused - Question of limitation left open to be decided at the appropriate stage...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Plaintiff not in possession - No prima facie case - Plaintiff had not acquired any right to seek relief of injunction against the true owner - Injunction rightly refused...........
Specific Relief Act, 1963, Section 37, 38, Transfer of Property Act, 1882, Section 53A -- Sale deed executed but not registered in view of restraint order in a separate suit - Admission in sale deed about delivery of possession and report lodged in this respect in rapt rojnamcha wakiati - Admission in unregistered sale deed is qua the executant only and not against others..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff failing to prove his settled long possession - Defendant holding registered sale deed executed 20 years back - Balance of convenience not in favour of plaintiff - Plaintiff will not suffer irreparable injury - Refusal to grant injunction as to his dispossession - Proper...........
