Saturday, May 29, 2010

Civil Procedure Code, 1908

Order 39 Rules 1 & 2 —
"Where infringement is deliberate and wilful and the defendant acts fraudulently with knowledge that he is violating plaintiffs rights,essential elements of estoppel are lacking and in such a case the protection of plaintiffs rights by injunctive relief never is properly denied. "The doctrine of estoppel can only be invoked to promote fair dealings" Interim injunction, affirmed

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