Search Results for "Acquiescence"

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Bombay High Court Grants Permanent Injunction in Trademark Infringement Suit: Sun Pharma's 'SUN' Mark Protected Against 'ABSUN'. Deceptive similarity established as dominant feature 'SUN' is common; addition of prefix 'AB' insufficient to distinguish under Section 29(2)(b) of Trade Marks Act, 1999.

The plaintiff, Sun Pharmaceutical Industries Ltd., filed a suit seeking a permanent injunction to restrain the defendant, Satej M. Katekar, proprietor...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Co-owner in possession cannot claim adverse possession against other co-owners without clear ouster; suit for partition not barred by limitation under Article 65 of Limitation Act, 1963.

The present regular second appeal arises out of a partition suit originally filed as O.S. No. 9/1993 on the file of the Munsiff & JMFC, Koratagere. Th...

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Supreme Court Allows Appeals in Seniority Dispute, Quashing High Court Division Bench Judgment. Seniority lists prepared based on date of dispatch of select lists were held arbitrary and contrary to Rule 5 of Uttar Pradesh Government Servants Seniority Rules, 1991, requiring fresh merit-based list.

The dispute arose from seniority lists dated 05.09.2006 and 05.03.2010 for Junior Engineers in the Department of Minor Irrigation, Uttar Pradesh, invo...

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Bombay High Court Dismisses Application for Amendment in Commercial IP Suit Due to Delay and Lack of Due Diligence. Amendment After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC as Plaintiffs Failed to Show They Could Not Have Raised the Matter Earlier.

The present Interim Application No. 752 of 2024 was filed by the original plaintiffs, Ramnish Verma and Finesse Fashions Pvt. Ltd., in a pending Comme...

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High Court of Karnataka Dismisses Revision Petition in Suit for Permanent Injunction — Upholds Trial Court's Refusal to Reopen Evidence After Plaintiff's Side Closed. Court Held That Order 18 Rule 17 CPC Cannot Be Used to Fill Gaps in Evidence or to Remedy Negligence of Party.

The petitioner, Sri P. Ramaprasad, was the plaintiff in O.S. No. 231/2019 pending before the XIX Additional City Civil and Sessions Judge, Bangalore C...

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Supreme Court Dismisses Consumer Complaint Against Postal Authorities in Kisan Vikas Patra Fraud Case. Postal authorities not vicariously liable for agent's fraud as payment was made to holder under Negotiable Instruments Act, 1881, and appellants' negligence in signing instruments contributed to loss.

The dispute arose from a consumer complaint filed by Pradeep Kumar and Raj Rani against postal authorities, including the Post Master General and othe...