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1 - 10 of 17 (1.28 seconds)The Trade Marks Act, 1999
The Code of Civil Procedure, 1908
Section 53 in The Trade Marks Act, 1999 [Entire Act]
Section 52 in The Trade Marks Act, 1999 [Entire Act]
Section 45 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 49 in The Trade Marks Act, 1999 [Entire Act]
Section 50 in The Trade Marks Act, 1999 [Entire Act]
Article 58 in Constitution of India [Constitution]
Uniworld Logistics Private Limited vs Indev Logistics Private Ltd on 24 November, 2016
41. The Hon'ble Supreme Court in Uniworld Logistics Pvt. Ltd.
Vs. Indev Logistics Pvt. Ltd. [2024 SCC Online SC 1698] has also held
that the plaintiff having reserved its rights in the first suit, there was
neither any relinquishment at any stage, nor omission to claim relief.
Further, the question as to whether the cause of action in the present suit
and the termination suit (C.O.S.No.117 of 2024) is identical or not is a
triable issue and cannot be decided without any oral evidence.
Therefore, at this interlocutory stage, this Court cannot decide as to
whether the present suit is hit by Order II Rule 2 CPC or not. Further, on
a prima-facie consideration, as stated supra, this Court is of the view that
the previous suit in C.O.S.No.117 of 2024 and the present suit cannot be
held that both the suits arise out of the same cause of action, and are
identical.