Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case - Does not mean an iron cast case with cent per cent chances of success - Injunction is to be granted where serious question is to be tried - Denial of interim relief to cause prejudice to plaintiff who will suffer penalties imposed by apparently illegal order - Interim injunction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Suit for permanent injunction restraining defendants from raising construction on joint land - Defendants purchased land in 1993 - Defendant in exclusive possession of suit land - Obtained licence from competent authority for developing colony - Constructed hundreds of residential flats and other..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section , Order 43, Rule 1(r) -- Temporary Injunction - Scope of interference in appeal - Appellate Court is required to interfere in order passed by the Trial Court on application under order 39 Rules 1 & 2 for temporary injunction when Trial Court acts arbitrarily, capriciously or perversely in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Suit for permanent injunction restraining defendants from raising construction on joint land - Plaintiff concealed factum of family partition between co-sharers - Has not approached the Court with clean hands - Not entitled to equitable relief of injunction...........
Civil Procedure Code, 1908, Section 80(2) -- Leave to institute suit without notice - Grant of temporary injunction after hearing the parties - It does not amount to impliedly granting leave to institute suit without serving notice...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 29, 106 -- Trade mark - Passing off - Temporary injunction - Mere delay in bringing the matter to Court is not a ground to defeat the case of the plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 29, 106 -- Trade mark - Passing off - Temporary injunction - Before the use of a particular mark can be appropriated it is for the plaintiff to prove that the product that he is representing had earned a reputation in the market and that this reputation had been sought to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 29, 106 -- Trade mark - Passing off - Temporary injunction - Similarity - Principle of similarity not to be very rigidly applied - If it could be prima facie shown that there was a dishonest intention on the part of the defendant in passing off goods, an injunction should..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 29, 106 -- Trade mark - Passing off - Temporary injunction - In the case of a passing off action the similarities rather than the dissimilarities have to be taken note of by the Court and the principle of phonetic 'similarity' cannot be ignored and the test is as to whether a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering in possession - Right to hold property was on strength of lease deed for a period of 99 years which was duly registered - Registered document carries evidentiary value - Grant of injunction, held, not illegal...........
