Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62, Civil Procedure Code, 1908, Section 19, 20, 151, Order 7, Rule 10, 11(a), (b) -- Composite suit restraining infringement of trade mark, copyright and rendition of accounts - Jurisdiction - Suit filed in a Court at place `A' - Held, once composite suit restraining infringement of trade mark,..........
Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62, Civil Procedure Code, 1908, Section 19, 20, 151, Order 7, Rule 10, 11(a), (b) -- Composite suit restraining infringement of trade mark, copyright and rendition of accounts - Jurisdiction - Suit filed in a Court at place `A' - Documents annexed with plaint and averments made in plaint prima facie..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - To examine document writer - No reason to deny opportunity to examine said witness merely because plaintiff had earlier stated in his cross examination that he does not intend to examine said witness...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Compromise decree - Application U.O.9.R.13 CPC - Application U.O.9.R.13 CPC for setting side compromise decree is not maintainable - Defendant has two courses available to either file an appeal against compromise decree or to file an application for recall of such an order - Application dismissed, as not..........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Section 151 -- Setting aside of arbitral award - Condonation of delay - Delay of 159 in re-filing petition - As per S.34(3) of the Act after expiry of 30 days after statutory period of three months, delay of even one day cannot be condoned - Moreover, S.151 CPC cannot be used as tool to..........
Civil Procedure Code, 1908, Section 151, Order 22 -- Death of one of plaintiffs - Substitution of LR - Suit filed by firm through its proprietor - Suit on behalf of deceased plaintiff can continue even without impleading his LR, in view of State amendment in CPC - However, without dilating to the question as to what would be the impact of death of plaintiff qua merits of..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151, Order 8, Rule 1(3), Civil Procedure Code, 1908, Order 16, Rule 1 -- Expert opinion - Private expert - Any report obtained by a party privately and directly and behind the back of one of the parties and without intervention of Court and without orders from a Court cannot be permitted to be received on..........
Civil Procedure Code, 1908, Section 151 -- Recall of an order - Order closing right to file objections - Order neither appealable nor revisable - Review against such order also does not lie as scope of review is limited - Invocation of powers u/s 151 CPC for recalling such order held, proper...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section 151, Order 22, Rule 10 -- Impleading a party - Suit for declaration - Real dispute in suit is about inheritance to the estate left by deceased - Respondents No.1 to 5 being natural heirs of deceased were necessary and proper parties to suit - Presence of respondents was necessary for..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of pleadings - Amendment beyond limitation should not be allowed...........
