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1 - 6 of 6 (0.19 seconds)John Richard Brady And Ors. vs Chemical Process Equipments P. Ltd. And ... on 6 July, 1987
In John
Richard Brady and Ors. v. Chemical Process Equipments P. Ltd and
Anr., MANU/DE/0586/1987, this Court, invoking of general rule of
equity and breach of confidence, had held that injunction can follow
when use of such drawings amounts to the unauthorized use of the
labour of the person who has prepared them and thus provides a
'spring-board' by which an infringer may obtain an unfair advantage
over competitors. This Court had placed reliance on the judgment in
Saltman Engineering Coy. Ld. Ferotec Ltd. and Monarch
Engineering Coy.
Zee Telefilms Ltd. And Film And Shot And ... vs Sundial Communications Pvt. Ltd. And ... on 27 March, 2003
In Zee Telefilms Ltd. & Anr. vs. Sundial
Communications Pvt. Ltd. & Ors. 2003 (27) PTC 457 (Bom) (DB),
Bombay High Court held that in appropriate cases an interlocutory
injunction may be issued restraining breach of confidentiality. It was
further held that if the confidential information was allowed to be used
against the plaintiff in competition with them by the defendants, it is
not merely a matter of compensation in Pound, Shilling or Pence and,
therefore, plaintiff would certainly be entitled to have injunction for
breaching confidentiality.
Urmi Juvekar Chiang vs Global Broadcast News Limited, A ... on 7 June, 2007
The above judgment was followed by the
Bombay High Court in Urmi Juvekar Chiang vs. Global Broadcast
News Ltd. & Anr. 2007 SCC Online Bom 471 wherein again it was
reiterated that if confidential information is going to be used in
competition with the plaintiff, it is not merely a matter of
compensation in terms of money.
Mr. Diljeet Titus, Advocate vs Mr. Alfred A. Adebare And Ors. on 8 May, 2006
This Court also in Daljeet Titus vs.
Alfred A.Adebare & Ors. 2006 SCC Online Del 551 reiterated that a
Court must step in to restrain a breach of confidence independent of
OMP(I)(COMM) 189/2017 Page 12
any right under law; such an obligation need not be express but be
implied and the breach of such confidence is independent of any other
right.
Shanghai Power Transmission ... vs Eci Engineering Construction Company ... on 13 July, 2017
All these hypotheses fall within the general rules of
equity and breach of confidence propounded in the
leading Saltman's case, Saltman Engineering Co. v.
Cambell Engineering Co. (1948) RFC 203. The facts,
as far as they matter here, were that Saltman
OMP(I)(COMM) 189/2017 Page 9
Engineering owned confidential drawings concerning
the design and construction of certain specialist tools.
Through an agent they purported to contract with
Campbell Engineering for the manufacture of some of
these tools, and to that end they handed over the
drawings. Cambell Engineering used these drawings
for their own purposes. There was contention as to
whether or not there had been a viable contract, and
if not whether a breach of confidence could in law
have occurred. In the Court of Chancery the Judge
held that there was in fact no binding contract and
thus no breach of confidence.
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