ITAT: Charitable Trust Engaged in Activities Benefiting for Religion can Claim Exemption U/S 11  ||  Delhi HC Dismisses PIL Praying to Include Group A, B, C & D Officer under Delhi Lokayukta Act  ||  SC to J&K Govt.: Clear Wage Arrears of Sweepers Within 8 Weeks  ||  Gujarat HC Denies Bail to Congress Leader Accused of Conspiring Murder of BJP Councilor  ||  Orissa HC: Unlawful Possession Can't be Defended on Ground that Clause is Prospective in Nature  ||  Delhi HC Directs Google to Remove 'PUMA GUARD' App from Play Store  ||  J&K&L HC Grants Bail to Accused Charged Under UAPA  ||  Kerala Court Remands Former Kerala MLA PC George to 14 Days Judicial Custody in Hate Speech Case  ||  ITAT: Limited Scrutiny can be Converted to Complete Scrutiny with Approval of PCIT Only  ||  ITAT: Assessee Engaged in Generation and Selling of Power can Claim Deduction u/s 801 of ITA    

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

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’



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



Judgments

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



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



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



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



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



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



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



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



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



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



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



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 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



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



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



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



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



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



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



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



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



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



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