Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Restraining defendant from using the trade mark `Heritage' - Amendment of written statement sought so as to plead that mark `Heritage' is a generic word and thus no person/company including plaintiff can claim exclusive use of the same and in the alternative to plead that it is defendant and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court to confine its consideration to plaint together with documents filed and relied upon by plaintiff - Court should take the plaint averments as well as documents filed along with plaint as correct...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Reliefs claimed by plaintiff barred by limitation - Held, when suit of plaintiff is clearly barred by law then plaint is liable to be rejected. (Paras 66, 70, 81,83, 86, 87 & 103)..........
Specific Relief Act, 1963, Section 34 -- Declaration - No Court shall make any declaration where plaintiff being able to seek further relief than a mere declaration of title, omits to do so...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Emphasis in the provision is on admission of relevant facts - If relevant facts have been admitted, mere fact that defendants have tried to put their own interpretation to those facts with a view to defeat the claim of plaintiff would not be a sufficient ground to decline relief U.O.12.R.6 CPC...........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Purpose of O.12.R.6 CPC is to avoid waiting by plaintiff for part of decree when there is a clear, unequivocal, unambiguous and unconditional admission of defendant in respect of claim of plaintiff - But where specific issues have been raised in spite of admission on part of defendants,..........
Agreement to sell -- Specific performance - Ready and willing - Evidence on record shows that plaintiff was always ready and willing to perform his part of contract and was keeping the balance sale price ready - Plaintiff also expressed his willingness by issuing notice to defendants for execution of sale deed within the stipulated period which is returned with..........
Agreement to sell -- Specific performance - Suit filed after a period of seven years - Not proved that plaintiff had been always ready and willing to perform his part of contract - Plaintiff not entitled to relief of specific performance...........
Agreement to sell -- Ready and willing - Relief of specific performance cannot be granted when plaintiff fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than terms the performance of which he has been prevented or waived by defendant...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Defendant can seek temporary injunction in a suit filed by plaintiff only U.O.39.R.1(a) - However, defendant cannot maintain an application U.O.39.R.1(b) and (c) CPC at all, irrespective of the fact that his right to such relief arises either from the same cause of action or a cause of action that..........
