Specific Relief Act, 1963, Section 34, 37, 38 -- Plot - Provisional allotment - Cancellation - Suit for declaration that withdrawing provisional letter of allotment is illegal, arbitrary, non-est and has no effect on the right of the plaintiff and injunction also claimed with a direction to defendant to issue final letter of allotment and also claimed relief of permanent..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Trade mark - Infringement - Trade mark INTEL used by plaintiff in Computer and Software development etc. - Defendants using deceptively similar trade mark ART INTEL for similar products - Difference of prefix 'ART' - It likely to cause deception to unwary purchasers - Use of similar mark will mislead..........
Specific Relief Act, 1963, Section 37, 38 -- Perpetual injunction - Title need not to be decided - To grant relief of perpetual injunction it is sufficient if the person seeking such a relief proves his possession over the suit property on the date of the filing of the suit referable to some lawful right...........
Specific Relief Act, 1963, Section 37, 38 -- Possession - No evidence on record to show how the appellant came in possession of the land - Mere change of entries of Khasra Girdwari in his name do not entitle him to the relief of injunction...........
Specific Relief Act, 1963, Section 37, 39 -- Suit for permanent injunction - Subsequent events - Moulding of relief - Powers of Courts - Suit for permanent injunction restraining defendant from raising construction and making encroachment over suit land - Plaintiff dispossesed during pendency of suit - Courts below held plaintiff owner of property, defendant in illegal..........
