Trade Marks Act, 1999, Section 29, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Infringement - Temporary injunction - Prima facie there is no similarity between story board/script of advertisement of plaintiff`s product and defendant`s product - Script of defendant`s advertisement of product Pudin Hara Lemon Fizz has used `Pet ka Fire Brigade' as a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction - Relief of specific performance sought by way of amendment of plaint - Principles governing applicability of S.17 of Specific Relief Act and Art.54 of Limitation Act not considered by Court - Moreover, respondents failed to demonstrate the existence of prima facie case..........
Hindu Adoptions and Maintenance Act, 1956, Section 23 -- Maintenance pendente lite - Wide discretion has been conferred on Court in the matter of order of interim maintenance - It is a judicial discretion and has to be exercised with reason, equity and good conscience - Interim maintenance in its very nature is temporary and therefore detailed or elaborate exercise by..........
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..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1 -- Temporary injunction - In cases which do not fall U.O.39.R.1 of the Code, Court has inherent jurisdiction to grant relief of injunction in its discretion, if it is satisfied that such an order is necessary to meet the ends of justice or to prevent abuse of process of Court as nothing in the Code limits or..........
Motor Vehicles Act, 1988, Section 43 -- Temporary registration - Valid only for a period not exceeding one month - This period of one month can be extended for such further period in respect of chassis to which body has not been attached and the same is detained in a workshop beyond the period of one month for being fitted with a body or unforeseen circumstances beyond the..........
Motor Vehicles Act, 1988, Section 166 -- Temporary registration - Accident after expiry of one months period of temporary registration - Insurance claim - Nothing brought on record that owner either applied for permanent registration or made any application for extension of temporary registration on ground of some special reasons - Using a vehicle on public road without..........
Service -- Temporary or ad hoc appointment - No person can be appointed even on temporary or ad hoc basis without inviting applications from all eligible candidates - If any appointment is made merely inviting names from employment exchange or putting a note on notice board etc., it violates the mandate of Arts.14 & 16 of constitution - A person appointed in violation of..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of order - It is not open for High Court to give a finding on main issue relating to maintainability of suit and family settlement reached between the parties - Impugned judgment and order of High Court set aside and matter remitted back for fresh disposal...........
Service -- Resignation - Acceptance of resignation without relieving the employee - Temporary government employee under probation - Letter of acceptance of resignation shows that termination of respondent was not deferred to any future date and hence there was no requirement to relieve him of his duties - Respondent had already abandoned his service for almost 8 months..........
