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Documents citing National Garments, Kaloor, Cochin vs National Apparels, Ernakulam, Cochin on 5 April, 1989

G.T.C. Industries Ltd., Bombay vs I.T.C. Limited, Madras on 5 February, 1991

In fact, as already referred to in National Garments v. National Apparels, , it has even been held that the plaintiff need not in general show strong prima facie case and the priina facie case that is required to be shown must be some thing more than a case that will avoid the action, being struck out as frivolous or vexatious. The observation in the said decision further goes on to say as follows (at page 121 of AIR);--
Madras High Court Cites 13 - Cited by 10 - Full Document

Shree Sainath Industries vs Sainath Auto Industries on 25 March, 2004

20. Mr. Shah has further relied on the decision of the Kerala High Court in the case of National Garments, Kaloor v. National Apparels, Ernakulam, Cochin, AIR 1990 Kerala 119 wherein it is held that "while considering an application for prohibitory injunction in an action for passing off, the principle applicable for granting interlocutory injunction is slightly different from the principle applicable in ordinary cases. For a temporary order in an action for passing off, the plaintiff need not in general show a strong prima facie case. However, the prima facie case that is required to be shown must be something more than a case that will avoid the action being struck out as frivolous or vexatious. Generally stated "even if the chance of success at the trial are only 20 percent" the interim relief sought for is required to be granted. There is another reason for the grant of the interlocutory injunction under such circumstances. Such an order would stop the infringement without delay. Not only that from experience it is clear that a successful motion for interlocutory injunction "normally puts an end to the litigation and the infringement, with a great saving in expense compared with a full trial" and that is the reason why the law insists upon a hearing of such a motion in every case."
Gujarat High Court Cites 11 - Cited by 8 - K A Puj - Full Document

Bhavnesh Mohanlal Amin vs Nirma Chemical Works Ltd. on 9 May, 2005

7.25 In a decision of the Kerala High Court in the case of National Garments, Kaloor, Cochin v. National Apparels, Ernakulam, Cochin, A.I.R. 1990 Kerala pg.119, it was held that while considering an application for prohibitory injunction in an action for passing off, the principle applicable for granting interlocutory injunction is slightly different from the principle applicable in ordinary cases. For a temporary order in an action for passing off, the plaintiff need not in general show a strong prima facie case. However, the prima facie case that is required to be shown must be something more than a case that will avoid the action being struck out as frivolous or vexatious. Generally stated "even if the chance of success at the trial are only 20 per cent" the interim relief sought for is required to be granted. There is another reason for the grant of the interlocutory injunction under such circumstances. Such an order would stop the infringement without delay. Not only that from experience it is clear that a successful motion for interlocutory injunction "normally puts an end to the litigation and the infringement, with a great saving in expense compared with a full trial" and that is the reason why the law insists upon a hearing of such a motion in every case.
Gujarat High Court Cites 61 - Cited by 4 - K Jhaveri - Full Document

M/S. Jaleel Associates Having Its vs M/S. Hotel Sagar

10. The decisions reported in National@@ AAAAAAAA Garments v. National Apparels - AIR 1990 Kerala@@ AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA 119, Nizam Din v. Sher Bahadur and others - A.I.R.@@ AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA 1931 Lahore 650, & Teju Singh v. Shanta Devi - AIR@@ AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA 1973 ANDHRA PRADESH 51 etc. have considered the@@ AAAAAAAAAAAAAAAAAAAAAA yardstick to gauge the sufficiency or otherwise of a prima facie case in actions of this nature. Going by those parameters I am satisfied that the plaintiff had made out a prima facie case for the grant of a temporary injunction as prayed for.
Kerala High Court Cites 18 - Cited by 0 - V Ramkumar - Full Document
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