when the property is joint, every member has got right to enjoy unless and until the division takes place. so they are entitled for delcaration of joint rights & injunction

2020 APEX COURT [44 ]- Or.39, rule 1 & 2 CPC – when the property is joint, every member has got right to enjoy unless and until the division takes place. Suit for Declaration of their rights along with defendants in the church and parish as the bifurcation is not compulsory and for permanent injunction… Read More when the property is joint, every member has got right to enjoy unless and until the division takes place. so they are entitled for delcaration of joint rights & injunction

when the suit was dismissed for default, taking written statement and counter claim on record and passing an exparte decree in the court claim is bad in law

2020 APEX COURT [42 ]- when the suit was dismissed for default, taking written statement and counter claim on record and passing an exparte decree in the court claim is bad in law . On 5 August 2016, the suit instituted by the appellant was dismissed in default. The counter claim, which was filed by… Read More when the suit was dismissed for default, taking written statement and counter claim on record and passing an exparte decree in the court claim is bad in law

When the issue before the High Court was the correctness of the ad-interim injunction granted and nothing more. Then the High Court at this stage clearly can not exceed its jurisdiction and strike out the plaint.

2020 APEX COURT [41 ]- When the issue before the High Court was the correctness of the ad-interim injunction granted and nothing more. Then the High Court at this stage clearly can not exceed its jurisdiction and strike out the plaint.The appellant, who is the plaintiff, filed a suit for permanent injunction claiming title on… Read More When the issue before the High Court was the correctness of the ad-interim injunction granted and nothing more. Then the High Court at this stage clearly can not exceed its jurisdiction and strike out the plaint.

Passing off is a common law right which protects goodwill in the business against misrepresentation in the course of the trade. Goodwill is the benefit and advantage of name and reputation that goods or services of a business acquire over the years under a brand name or mark, such that the purchasers perceive the brand name or mark as being distinctive of the reputable goods or services. When another person sells his wares or provides services unauthorizedly under the brand name or mark to take advantage of the goodwill earned by the owner of the mark, his misrepresentation can deceive the purchasers to believe that his goods or services belong to the owner of the mark. Such an erroneous belief can damage or is likely to cause damage to the goodwill of the owner of the mark.

2020 APEX COURT [40 ]- Passing off is a common law right which protects goodwill in the business against misrepresentation in the course of the trade. Goodwill is the benefit and advantage of name and reputation that goods or services of a business acquire over the years under a brand name or mark, such that… Read More Passing off is a common law right which protects goodwill in the business against misrepresentation in the course of the trade. Goodwill is the benefit and advantage of name and reputation that goods or services of a business acquire over the years under a brand name or mark, such that the purchasers perceive the brand name or mark as being distinctive of the reputable goods or services. When another person sells his wares or provides services unauthorizedly under the brand name or mark to take advantage of the goodwill earned by the owner of the mark, his misrepresentation can deceive the purchasers to believe that his goods or services belong to the owner of the mark. Such an erroneous belief can damage or is likely to cause damage to the goodwill of the owner of the mark.

Order XLI Rule 31 read with Sec. 96 of the Code of Civil Procedure,- When the judgment has not dealt with the questions and issues which were decided by the trial court and proceeds to abruptly record certain conclusions without discussing and dealing with the law and the facts including the oral and documentary evidence led by the parties- such judgement is liable to be set aside.

2020 APEX COURT [39 ]-Order XLI Rule 31 read with Sec. 96 of the Code of Civil Procedure,- When the judgment has not dealt with the questions and issues which were decided by the trial court and proceeds to abruptly record certain conclusions without discussing and dealing with the law and the facts including the… Read More Order XLI Rule 31 read with Sec. 96 of the Code of Civil Procedure,- When the judgment has not dealt with the questions and issues which were decided by the trial court and proceeds to abruptly record certain conclusions without discussing and dealing with the law and the facts including the oral and documentary evidence led by the parties- such judgement is liable to be set aside.

Whether the civil suit by workmen is maintainable for declaration and injunction assailing a fine amount ? yes.

2020 APEX COURT [38 ]- Whether the civil suit by workmen is maintainable for declaration and injunction assailing a  fine amount ? yes. –suit by the workmen for declaration and permanent injunction assailing a fine imposed on them by the appellant management- order VII Rule 11 of Code of Civil Procedure, 1908 claiming that the… Read More Whether the civil suit by workmen is maintainable for declaration and injunction assailing a fine amount ? yes.

Order 41 Rule 31 read with Sec.96 CPC- Every Appellant Court has to pronounce judgment in appeal by framing the points for determination and giving the reasons for the decision thereon- else the order/judgement is liable to be set aside.

2020 APEX COURT [37 ]- Order 41 Rule 31 read with Sec.96 CPC- Every Appellant Court has to pronounce judgment in appeal by framing the points for determination and giving the reasons for the decision thereon- else the order/judgement is liable to be set aside.Suit for Declaration that the compromise decree and final decree are… Read More Order 41 Rule 31 read with Sec.96 CPC- Every Appellant Court has to pronounce judgment in appeal by framing the points for determination and giving the reasons for the decision thereon- else the order/judgement is liable to be set aside.

Jurisdiction of Wakf tribunal applies only to the cases of title disputes that is whether it is a wakf property or not but not for eviction and mesne

2020 APEX COURT [36 ]- Jurisdiction of Wakf tribunal applies only to the cases of title disputes that is whether it is a wakf property or not but not for eviction and mesne profits etc., , the wakf board has to file a suit under Punjab Wakf Act. – In fact, initially the proceedings were… Read More Jurisdiction of Wakf tribunal applies only to the cases of title disputes that is whether it is a wakf property or not but not for eviction and mesne

Even though there is no anticipatory bail under SC ST [prevention of atrocities] Act, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, the bar created by section 18 and 18A (i) shall not apply and in exceptional cases, court can exercise power under section 482 Cr.PC for quashing the cases.

2020 APEX COURT [35 ]- Even though there is no anticipatory bail under SC ST [prevention of atrocities] Act, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, the bar created by section 18 and 18A (i) shall not apply and  in exceptional… Read More Even though there is no anticipatory bail under SC ST [prevention of atrocities] Act, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, the bar created by section 18 and 18A (i) shall not apply and in exceptional cases, court can exercise power under section 482 Cr.PC for quashing the cases.