12 August 2024

Search Results for Tag : Injunction

International Cases

Injunction is available to prevent an executor distributing whole or part of a deceased estate and in such case standard principles applicable to interlocutory injunctions apply(22.01.2019)

The Plaintiff is seeking relief under the Family Provision Act 1972 (WA) from the estate of Christoniki James (the deceased). The matter is well advan.....

Tags : Property , Sale, Injunction, Grant

Restraint of the mortgagee sale is not granted unless the debt owed to the mortgagee is paid into Court(04.08.2020)

Present was the Plaintiff's application for an interlocutory injunction restraining the Defendant from selling a property located at Seven Oaks Street.....

Tags : Sale, Valuation, Injunction, Grant

The Court may grant the injunction if it is necessary to maintain the parties' existing position until the determination of the rights at trial(24.12.2021)

The Applicant, Ben William Falconer, has brought an application for judicial review in which he challenges the validity of an Employer Direction issue.....

Tags : Direction, Dismissal, Injunction

A caveatable interest must exist at the time a caveat is lodged, a caveat cannot be lodged to protect a future interest(25.02.2022)

In present case, on 18 February 2022, the Plaintiff, M2 Assets Pty Ltd, filed an originating summons seeking an order pursuant to Section 138(2) of th.....

Tags : Caveat, Removal, Injunction

News

JKL HC: S.34 of SARFAESI Act Created Bar on Grant of Injunction for Actions Taken Under the Act(26.07.2023)

Jammu and Kashmir and Ladakh High Court has held that Section 34 of SARFAESI Act creates a bar and provides that no injunction shall be granted by any.....

Tags : Jammu and Kashmir and Ladakh High Court, SARFAESI, Injunction

SC: Even Trespasser in Established Possession Can Obtain Injunction(09.02.2021)

Supreme Court has upheld a a Madras High Court judgment decreeing an injunction suit, observing that even a trespasser, who is in established possessi.....

Tags : Supreme Court, Injunction Suit

Del HC: No Ex-Parte Injunction in TM Infringement Suit if Defendant Has Been in Market for Some Time(01.09.2023)

Delhi High Court has held that in trade mark (TM) infringement suits, where the mark has been used by defendant for any length of time, that sole fact.....

Tags : Delhi High Court, Trade Mark Infringement, Injunction

SC: Interim Mandatory Injunctions can be Granted after Giving Opportunity of Hearing to Other Side(11.11.2019)

Supreme Court has observed that the Civil Courts while granting the application seeking interim mandatory injunction in long pending cases should gran.....

Tags : SC, Mandatory Injunctions

P&H HC: Joint Owner Can't Prevent Another Co-Owner from Using Portion of Property by Injunction(27.07.2022)

Punjab and Haryana High Court has held that a joint owner cannot prevent by injunction the usage of a portion of the joint property by another co-owne.....

Tags : Punjab and Haryana High Court, Joint Owner, Injunction

Delhi HC Directs Congress Leaders to Remove Social Media Posts Against Smriti Irani & Daughter(29.07.2022)

Delhi High Court has passed ad interim injunction directing Congress leaders to delete and remove the allegations made during the press conference aga.....

Tags : Delhi High Court, Injunction, Defamation, Allegations

AP HC: Injunction Can’t be Granted on Mere Asking(03.10.2023)

Andhra Pradesh High Court while expressing concern over civil courts passing injunction orders 'without considering essential legal ingredients', has .....

Tags : Andhra Pradesh High Court, Injunction, Ingredients

Delhi HC Orders Suspension of Fradulent Website Offering Work from Home Jobs(19.09.2022)

Delhi High Court while passing ad interim injunction in favour of Indiamart, has restrained a person, who was allegedly duping public by misrepresenti.....

Tags : Delhi High Court, Injunction, Indiamart

Del HC: Originality is Key Feature for Claiming Injunction Predicated on Copyright Infringement(19.10.2023)

Delhi High Court while grating relief to owner of fantasy sports app MYFAB11, has held that originality though not novelty, is the underlying feature .....

Tags : Delhi High Court, Copyright Infringement, Injunction, Originality

SC: Plaintiff Seeking Injunction in Specific Performance Suit Has to Show Strong Prima Facie Case(07.01.2020)

Supreme Court has observed that strong prima facie case on undisputed facts is necessary for getting the relief of temporary injunction in a suit for .....

Tags : SC, Injunction

Del HC: Mere Geographical Presence of Website Sufficient for Granting Injunction for TM Infringement(20.09.2022)

Delhi High Court has held that mere looming presence of a website in a geography and ability of the customers to access the same is sufficient while g.....

Tags : Delhi High Court, Trademark, Injunction

SC: Permanent Injunction Can’t be Sought on The Basis of an Unregistered Agreement to Sell(27.09.2022)

Supreme Court while observing that a relief of permanent injunction cannot be sought on the basis of such an unregistered document/agreement to sell, .....

Tags : Supreme Court, Injunction, Unregistered Agreement

Delhi HC Passes Interim Injunction Order in Favour of Delhi LG in Suit Against AAP(27.09.2022)

Delhi High Court has passed an ad interim injunction order in favour of Delhi's Lieutenant Governor Vinai Kumar Saxena and against Aam Aadmi Party (AA.....

Tags : Delhi High Court, Injunction, Lieutenant Governor

Delhi Court Refuses Interim Injunction Against Salman Khurshid's Book(18.11.2021)

Delhi Court has refused to grant an ad-¬interim ex-¬parte injunction in the suit filed by Hindu Sena President, Vishnu Gupta against the book written .....

Tags : Injunction, Salman Khurshid, Vishnu Gupta, 'Sunrise Over Ayodhya

SC: Injunction Orders Cannot be Passed Against Third Parties Without Hearing Them(22.11.2021)

Supreme Court has held that injunction orders with respect to a suit property cannot be passed in detriment to the interest of third parties who are d.....

Tags : Supreme Court, Injunction Orders

Del. HC: Issuance of Anti-Suit Injunction Possible if Foreign Proceedings Oppressive or Vexatious(04.01.2024)

Delhi High Court while observing that cases of injunction are governed by the doctrine of equity, has held that Indian Courts can issue anti-suit inju.....

Tags : Delhi High Court, Anti-Suit Injunction, Oppressive, Matrimonial

Commercial Court, Bengaluru Confirms Ex-Parte Temporary Injunction Against ACC Steel(18.01.2022)

Commercial Court, Bengaluru has confirmed the ex-parte temporary injunction issued in 2020 restraining ACC Steel Pvt. Ltd., from using the marks ACC, .....

Tags : Commercial Court, Bengaluru, Temporary Injunction Against ACC Steel

Rajasthan HC: Writ Petition Against Rejection of Temporary Injunction Not Maintainable(24.01.2022)

Rajasthan High Court has observed that writ petition against rejection of temporary injunction application by trial court is not maintainable under Ar.....

Tags : Rajasthan High Court, Rejection of Temporary Injunction

All. HC: Notice Given to Municipality Not Mandatory if it Will Defeat Purpose of Injunction Suit(05.02.2024)

Allahabad High Court has upheld rejection of an application under Order 7 Rule 11 of Code of Civil Procedure, 1908 on grounds that notice under Sectio.....

Tags : Allahabad High Court, Injunction Suit, Order 7 Rule 11 of CPC

Del HC Grants Injunction in Favour of Amitabh Bachchan in Suit Seeking Protection of Publicity Right(25.11.2022)

Delhi High Court has granted ad interim ex parte injunction in favour of Amitabh Bachchan in a suit filed by him seeking protection of his publicity r.....

Tags : Delhi High Court, Amitabh Bachchan, Injunction

No Prohibition in Granting Interim Mandatory Injunctions in Appropriate Cases: SC(05.04.2019)

Supreme Court has held that grant of interim mandatory injunction is not prohibited, it can be granted in 'appropriate' cases and also observed that a.....

Tags : Supreme Court, Mandatory Injunctions

Supreme Court: Suit of Injunction Not Maintainable if Plaintiff Fails to Prove Title Over Property(23.02.2024)

Supreme Court has held that suit of injunction by plaintiff may not be maintainable against defendant if the plaintiff fails to prove title of the pro.....

Tags : Supreme Court, Suit of Injunction, Title

Delhi HC: Plaintiff Must Show Prima Facie Falsehood in Publication While Seeking Interim Injunction(13.01.2023)

Delhi High Court has held that plaintiff must be held bound to establish that what is about to be published or broadcast is fundamentally removed from.....

Tags : Delhi High Court, Interim Injunction. Prima Facie

SC:Pre-Trial Injunction Against Media Platform Impact Freedom of Speech; Must Be Granted Cautiously(26.03.2024)

SC while urging trial courts to be cautious while granting pre-trial injunctions against publication of articles and journalistic pieces in defamation.....

Tags : Supreme Court, pre-trial injunctions, defamation

Cal. HC Summarizes Law Related to Exercise of Discretion for Grant of Interlocutory Injunction(05.12.2022)

Calcutta High Court has summarized the tests and principles that govern the exercise of judicial discretion in respect of grant of interlocutory injun.....

Tags : Calcutta High Court, CPC, Interlocutory Injunction, Judicial Discretion

Bombay HC Calls for Halting Practice of Seeking Separate Reliefs of Injunction(25.03.2021)

Bombay High Court has called for a halt on the practice of seeking the separate reliefs of injunction for passing off and infringement when pleadings .....

Tags : Bombay High Court, Separate Reliefs of Injunction

AP HC: Section 52 TPA Does Not Bar Grant of Temporary Injunction Under Order 39 CPC(31.01.2022)

Andhra Pradesh High Court has ruled that Section 52 of Transfer of Property Act, 1882 does not operate as a bar to grant of temporary injunction under.....

Tags : Andhra Pradesh High Court, Grant of Temporary Injunction

Madras High Court Issues Interim Injunction Against Kolaiyuthir Kaalam(12.06.2019)

Madras High Court has issued an interim injunction against Kolaiyuthir Kaalam. It has asked the producers of Kolaiyuthir Kaalam to respond on June 21......

Tags : Madras High Court, Interim Injunction

Calcutta HC Imposes Stay on Ex-Parte Injunction Issued in Favour of Son of Narayan Debnath(10.03.2022)

Calcutta High Court has imposed a stay on an ex-parte injunction issued by a trial Court in favour of the elder son of renowned illustrator Late Naray.....

Tags : Calcutta High Court, Ex-Parte Injunction, Son of Narayan Debnath

Delhi HC: Injunction for Interference with Contractual Relations Violates Article 19(5)(19.05.2020)

Delhi High Court has held that providing injunction for alleged interference with contractual relations of two parties, in absence of any law, would v.....

Tags : Delhi High Court, Injunction for Interference with Contractual Relations

SC: Suit for Permanent Injunction is Not Maintainable Against True Owner of Property(04.03.2022)

Supreme Court has observed that a suit for permanent injunction is not maintainable against the true owner of the property when the dispute with respe.....

Tags : Supreme Court, Suit for Permanent Injunction

Bombay HC Refuses to Grant Ad-Interim Injunction Against Zee(06.10.2020)

Bombay High Court has refused to grant ad-interim injunction against 'Zee' for using the word 'Plex' in its new online movie channel service observing.....

Tags : Bombay High Court, Ad-Interim Injunction Against ‘Zee’

Delhi HC Grants Interim Injunction Against Faces Cosmetics in Trademark Infringement Suit(31.05.2022)

Delhi High Court has restrained a Canada based, Faces Cosmetics from selling and manufacturing its products under the mark 'Velvette Matte' in the tra.....

Tags : Delhi High Court, Trademark Infringement, Injunction

Delhi HC Grants Permanent Injunction Against Now Banned Club Factory Website(29.03.2022)

Delhi High Court has decided permanent injunction against a China based portal, Club Factory, that was banned amid pandemic by the Indian Government, .....

Tags : Delhi High Court, Trademark Infringement, Permanent Injunction, Club Factory

Delhi HC Grants Permanent Injunction In Trademark Infringement Suit Against ANINEWSINDIA(30.03.2022)

Delhi High Court has granted permanent injunction against ANINEWSINDIA in a trademark infringement suit filed by news agency ANI. The Court has injun.....

Tags : Delhi High Court, permanent injunction, ANINEWSINDIA, ANI, trademark infringement

Delhi High Court Refuses Interim Injunction Against RTPCR Testing Kit OMISURE(01.04.2022)

Delhi High Court has refused to pass an ad interim injunction against Tata Medical and Diagnostics Limited, manufacturer of OMISURE, an RTPCR kit that.....

Tags : Delhi High Court, ad interim injunction, Tata Medical and Diagnostics Limited, OMISURE, COVID-19, Omicron variant, Mankind Pharma

Kerala HC: Violation of Injunction Order Should Be Agitated at Court of Lowest Hierarchy(10.08.2017)

Kerala High Court has ruled that in cases arising out of violation of injunction order, the appropriate forum would be the court of lowest hierarchy.

Tags : Kerala High Court, Injunction

JKL HC: Court Not Required to Consider Balance of Convivence, if Prima Facie Case Not Established(24.04.2023)

Jammu and Kashmir and Ladakh High Court has held that in a plea for grant of injunction, once the petitioners had no prima facie case in their favour,.....

Tags : Jammu and Kashmir and Ladakh High Court, Injunction, Prima Facie

Delhi HC: Injunctions Must Not be Granted in Public Work Projects(26.05.2023)

Delhi High Court has observed that in respect of Section 20A and Section 41(ha) of Specific Relief Act, 1963, injunctions must not be granted in infra.....

Tags : Delhi High Court, Public Work Projects, Injunctions

Bom. HC: Patanjali Ayurveda to Deposit Rs. 50 Lakhs for Breach of Injunction Order(10.07.2024)

Bombay High Court has directed Patanjali Ayurveda to deposit Rs. 50 Lakhs over violation of an injunction order through which Patanjali was restrained.....

Tags : Bombay High Court, Patanjali Ayurveda, Injunction Order

Kerala HC: Suit for Mandatory Injunction Maintainable After Termination of License(12.07.2021)

Kerala High Court has held that a civil suit for mandatory injunction is maintainable against a licensee to vacate the property on termination of lice.....

Tags : Kerala High Court, Suit for Mandatory Injunction

Calcutta HC: Indian Courts Can Grant Anti-Arbitration Injunction Against Foreign-Seated Arbitration(17.08.2020)

Calcutta High Court has ruled that Civil Courts in India do have the power to grant anti-arbitration injunctions against a foreign-seated arbitration,.....

Tags : Calcutta High Court, Anti-Arbitration Injunction

Delhi HC Grants Permanent Injunction Along With ?3 Lacs Compensation in Trademark Infringement Suit(23.05.2022)

Delhi High Court while dealing with a trademark infringement suit filed by Cable News Network (CNN) news channel has granted a permanent injunction ag.....

Tags : Delhi High Court, CNN News, Permanent Injunction, Trademark Injunction

Del. HC: Anti-Enforcement Injunc. Can be Granted Against Proc. Threatening Arbitral Process in India(22.08.2024)

Del. HC has held that if proceedings in a foreign Court, or any order/decree passed by a foreign Court, threatens to prejudice or derail arbitral proc.....

Tags : Delhi High Court, Arbitral Process, Anti-Enforcement Injunction

Delhi HC Grants Ex-Parte Ad-Interim Injunction Against Satta Dream 11(06.04.2022)

Delhi High Court has granted ex-parte ad-interim injunction in a suit against trademark infringement filed by Dream 11, a fantasy sports platform, aga.....

Tags : Delhi High Court, ex-parte ad-interim injunction, trademark infringement, Dream 11, fantasy sports platform, Satta Dream 11

Delhi HC Dismisses Red Bull Application for Interim Injunction Against PepsiCo(12.04.2022)

Delhi High Court has dismissed Red Bull AG's application for interim injunction against PepsiCo India, holding that prima facie, the latter's tagline,.....

Tags : Delhi High Court, Red Bull, interim injunction, PepsiCo India, tagline, energy drink

Judgments

Motion for injunction against 'Manjhi – The Mountain Man' dismissed by Bombay High Court(20.08.2015)

The Court dismissed a motion for injunction against the film, 'Manjhi – The Mountain Man', for infringing copyright vested in the Plaintiffs' script. .....

Tags : Film, injunction, prior awareness

Deciphering Haldiram: Court finds needle in bhujia(19.10.2015)

In a convoluted and long-standing case involving a devolved Haldiram brand, the Delhi High Court assessed plethoric familial disputes, sprinkled with .....

Tags : Haldiram, interim injunction, mini trial

Minute differences are not to be reckoned as sufficient to defeat an otherwise good claim(06.12.2016)

Plaintiff seeks to protect its registered designs, alleging infringement and passing off. These are designs in respect of copper tubes. Plaintiff’s ca.....

Tags : Designs, Infringement, Injunction

Damages have to be actual and not superfluous, Courts are not supposed to do guess work and grant damages(23.05.2017)

Present suit has been filed by Plaintiff seeking permanent injunction against Defendants, restraining them from infringing its trademark, copyright an.....

Tags : Trademark, Infringement, Injunction

No court shall make any declaration where Plaintiff being able to seek further relief, than a mere declaration of title, omits to do so(01.06.2017)

Present writ petition is against judgments whereby, suit filed by Petitioners and appeals filed by them were dismissed respectively. Further, order da.....

Tags : Land, Ownership, Injunction

Jurisdiction of the civil courts is not barred in case of civil dispute regarding the wakf property(01.02.2018)

Revision petitions are filed against impugned orders by which ad interim injunction was granted in favour of Plaintiff-Respondent No. 1. Plaintiff-Res.....

Tags : Injunction, Grant, Validity

Without making a prayer for permanent injunction in plaint, no temporary injunction can be granted(05.06.2018)

By filing Review Petition, the Petitioners have prayed for review of the said order dated 15th September, 2017. In the review application, the Petitio.....

Tags : Possession, Injunction, Grant

Court is empowered to pass a summary judgment, without recording evidence, if it appears that Defendants have no real prospect of defending the claim(12.09.2018)

Present suit has been filed for permanent injunction restraining infringement of trade mark, rendition of accounts, damages etc. against the defendant.....

Tags : Infringement, Injunction, Grant

Defendants cannot gain from a wrong committed by a third party(08.10.2018)

Present is an application for restraining the Defendants from misappropriating Plaintiffs registered and well known Trade mark MILLENNIUM and logo (.....

Tags : Trademark, Injunction, Grant

Test while determining similarity is of "the possibility" and not "probability of confusion"(17.10.2018)

Instant Appeal is directed against the order passed by the District Judge on the application for temporary injunction filed in a Civil Suit. The said .....

Tags : Injunction, Grant, Legality

Owners of trademarks are not expected to run after every infringer(23.01.2019)

Application has been filed under Order 39 Rule 4 CPC on behalf of the Defendants No. 1 and 2 for vacation of the ex parte ad interim injunction order .....

Tags : Infringement, Injunction, Vacation thereof

In a passing off case, it is the goodwill which is sought to be misappropriated(10.03.2017)

Instant appeal is against order passed by a learned single Judge, by virtue of the impugned order, granted an interim injunction against Britannia. IT.....

Tags : Trade-dress, Injunction, Validity

Prior publication of design is a valid defence, provided that use of design is not in breach of good faith against proprietor of design(10.04.2019)

In present matter, an interim order of injunction granted in a suit under the Designs Act, alleging piracy of a registered design, is under challenge .....

Tags : Design, Use, Injunction, Validity

Court must consider mode of purchasing the goods, class of consumers, surrounding circumstances and degree of similarity in order to ascertain likelihood of confusion(08.08.2019)

The Appellant-Plaintiff manufactures and sells of various cosmetic products, including two perfumes with trademarks Legend and Flirt. The Liberty Grou.....

Tags : Confusion, Likelihood, Injunction, Grant

An error which is not self-evident and has to be detected by exercise of scrutiny at length cannot be said to be an error apparent on face of record(07.08.2019)

The Petitioner being a Defendant in a suit for eviction filed an application for mandatory injunction restraining the Plaintiff/landlord from surrende.....

Tags : Injunction, Review, Maintainability

To sustain action for trademark infringement, a global brand must prove its goodwill and reputation(14.12.2017)

The Appellant ('the Plaintiff) is an automobile manufacturer incorporated under the laws prevailing in Japan. The first Respondent is a partnership fi.....

Tags : Infringement, Injunction, Grant

Permanent injunction shall be granted if pleading in written statement is not only a mis-statement but clearly constitutes mis-representation to the Court(05.08.2019)

The Plaintiff has filed the present suit seeking permanent injunction, restraining infringement of its registered trademarks, dilution, damages, rendi.....

Tags : Misrepresentation, Permanent injunction, Grant

A well-known mark is entitled to protection even in respect of unrelated goods and services(16.07.2019)

The present suit is filed by the Plaintiff - Exxon Mobil Corporation against the Defendant - Exoncorp Private Limited seeking permanent injunction res.....

Tags : Infringement, Injunction, Grant

Mere fact that, application for registration of a trademark was amended may not amount to relinquishment of any right to use the trademark(21.01.2019)

The present suit is filed by the Plaintiff seeking an order of permanent injunction to restrain the Defendants, their partners, proprietors, etc from .....

Tags : Infringement, Injunction, Grant

In order to conclude whether one mark is deceptively similar to another, broad and essential features of the two are to be considered(13.07.2018)

The Plaintiff has instituted present suit for permanent injunction restraining the Defendant from using any trade mark that is identical or deceptivel.....

Tags : Mark, Similarity, Injunction, Grant

Courts have to adopt a stricter approach regarding trademarks in the case of medicinal products as it may have adverse consequences on the health and life of the individual(05.06.2020)

Present suit is filed by the Plaintiff seeking a decree of permanent injunction to restrain the Defendants etc. from manufacturing, marketing, selling.....

Tags : Trademark, Injunction, Grant

Right to form association or union is subject to reasonable restriction in the interest of sovereignty or integrity of India, public order and morality(14.09.2020)

The Plaintiff is the Nuclear Power Corporation of India Limited located within the campus of Madras Atomic Power Station at Kalpakkam. It is a Governm.....

Tags : Agitation, Injunction, Legality

Likelihood of loss follows when Plaintiff can show a strong prima facie case of infringement of its registered trade mark, no evidence of actual loss is required(09.03.2018)

By instant appeal, the original Defendant has challenged order passed by the Court below, whereby an application for temporary injunction filed by the.....

Tags : Injunction, Grant, Validity

Invocation of a bank guarantee cannot be injuncted merely on ground that disputes are pending between the parties(08.02.2021)

The Petitioner has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 ( A&C Act), praying that direction be issu.....

Tags : Bank guarantee, Encashment, Injunction

In exercise of jurisdiction vested in present Court under Article 227 of the Constitution, Court is not to reappraise facts(27.07.2021)

Present petition has been filed by the Plaintiff before the learned Trial Court under Article 227 of the Constitution of India, 1950 praying that the .....

Tags : Possession, Injunction, Entitlement

Existence of necessary connection between the activities of foreign-seated defendants to target Indian customer must be established(26.10.2021)

The Plaintiff is a company incorporated in India. The Plaintiff seeks a permanent injunction, restraining the Defendants from using the trademark "TAT.....

Tags : Infringement, Injunction, Entitlement

Courts can pass an injunction in respect of payments under Letter of Credit only in cases of 'egregious fraud and irretrievable injustice'(17.01.2022)

By way of the present application under Order XXXIX Rule 1 & 2 of the Code of Civil Procedure, 1908 (CPC), the Plaintiff seeks restraint order against.....

Tags : Payment, Injunction, Grant

Section 69(2) of Partnership Act, 1932 is not a bar to a suit filed by unregistered firm, if the same is for enforcement of statutory right(31.01.2022)

Present appeal, by the Plaintiff of a suit for declaration and injunction, is directed against the judgment, as passed by the High Court, whereby the .....

Tags : Injunction, Provision, Applicability

Once a suit is held not maintainable, no relief of injunction can be granted(03.03.2022)

The original Defendant has preferred the present appeal against the impugned judgment and order passed by the High Court by which the High Court has d.....

Tags : Injunction, Grant, Legality

A relief of permanent injunction cannot be sought on the basis of an unregistered document(23.09.2022)

The Respondent – original Plaintiff instituted Original Suit before the learned trial Court for permanent injunction only. The said suit was filed on .....

Tags : Injunction, Possession, Validity

Right to freedom of speech and expression is not an unfettered right under which defamatory statements can be made to tarnish the reputation of person(27.09.2022)

The present suit has been filed on behalf of the Plaintiff seeking relief of permanent injunction and damages against the Defendants on account of def.....

Tags : Defamatory statements, Injunction, Grant

A party is not required to produce evidence of actual deception in order to prove the case of infringement(06.10.2022)

The Appellant has filed the present appeal being aggrieved by the impugned judgment and decree, whereby the suit filed by the Appellant praying for re.....

Tags : Infringement, Injunction, Grant

In the absence of any legal rights being prima facie shown, a relief of a temporary injunction cannot be granted(16.02.2023)

Present is an appeal filed by the Appellant/Plaintiff assailing an order passed by the learned Ad-hoc Judge, whereby a notice of motion filed by the A.....

Tags : Notice, Injunction, Grant

Registrations of the Plaintiff in multiple jurisdictions creates a stronger presumption that the Plaintiff's trademark has reputation in the market(06.03.2023)

The present suit has been filed on behalf of the Plaintiff seeking relief of permanent injunction restraining the Defendants from infringing Plaintiff.....

Tags : Trademark, Infringement, Injunction

Registered proprietor of trademark has exclusive right to use said trademark in relation to goods or services in respect of which trade mark is registered(17.05.2017)

Case of Plaintiff is that, it is a registered Trust and is engaged in field of providing educational services and running various Senior Secondary Sch.....

Tags : Trademark, Infringement, Injunction, Grant

If there is use of the design or supplies or advertising, within the jurisdiction of the Court, territorial jurisdiction cannot be disputed(04.07.2023)

The present suit by the Plaintiff-Escorts Ltd. is for a decree of permanent injunction restraining the Defendants from manufacturing, using or in any .....

Tags : Decree, Permanent injunction, Jurisdiction

Court is empowered to pass summary judgment, without recording evidence, if it appears that, Defendant has no real prospect of defending the claim(17.10.2017)

In fact of present case, Plaintiff No. 1 is the registered proprietor of the trade mark SINGER in Class 7. The Plaintiff No. 1 is the leading manufact.....

Tags : Infringement, Injunction, Grant

Relief of temporary injunction is discretionary, Court would refuse it to a party who is not consistent in his/her stand(16.10.2023)

Present Appeal is filed challenging Order passed by the trial Court rejecting application filed by Appellants/Plaintiffs for grant of temporary injunc.....

Tags : Injunction, Grant, Discretion

HT Media’s ‘Nasha’ radio network kept on air(21.03.2016)

The Delhi High Court ruled out granting an injunction against HT Media’s use of the ‘Nasha’ mark for its FM radio stations. The court was asked to del.....

Tags : nasha, radio station, injunction

In passing off, defendant could escape liability if it can be shown that added matter was sufficient to distinguish his goods from those of Plaintiff(28.02.2017)

An order of injunction passed in Trade Mark Suit filed by Respondents temporarily restraining Appellant from using trade mark or trade name “City Coll.....

Tags : Injunction, Validity, Passing off

CMRL’s invocation of Gammon’s guarantee would cause irretrievable injustice(08.09.2015)

The Madras High Court granted an injunction in favour of Gammon, preventing Chennai Metro Rail Limited from invoking its bank guarantee. CMRL’s move s.....

Tags : Fraud, guarantee, metro, injunction

Fraud should be of an egregious nature, vitiating the entire underlying transaction and bank should have knowledge of such a fraud(25.01.2018)

The Appellant is a company engaged in the business of generation and sale of electricity and for that purpose, it had entered into agreements with the.....

Tags : Injunction, Denial, Validity

Injunction orders cannot be passed against third parties without hearing them(17.11.2021)

Feeling aggrieved and dissatisfied with the impugned common judgment passed by the High Court, by which the High Court has allowed the aforesaid appea.....

Tags : Injunction, third party, hearing

Anti-suit injunction should be granted sparingly and not as a matter of routine(17.04.2018)

In instant case, the marriage between Appellant-husband and Respondent-wife was solemnized on 20th February, 1995 as per Hindu rites and two children .....

Tags : Anti-suit injunction, Decree, Grant

A prima facie case has to be made out for mandatory injunction to be granted at interim stage(11.07.2019)

Present appeal by the Defendant is directed against the order passed by the learned Single Judge whereby, the Appellant was restrained from infringing.....

Tags : Infringement, Injunction, Legality

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