space for sale of infringing product. Amazon had actual or
constructive knowledge of such infringement and has reason to
believe that an infringement had occurred
Hdfc Standard Life Insurance vs Avtar Kaur Sandhu on 5 December, 2019
2nd Additional Bench
space for
facilitated infringement by OP no
Amazon had actual or constructive knowledge of
of infringing product.
believe that a n infringement had
such infringement
stop the shipment of the consignment. The OP-1 had
constructive knowledge of the e-mail of the Complainant dated 20.11.2009 more
particularly the fact
submitted by Lr. Adv. Shri. Samant, that the complainant had actual knowledge, not
constructive, of the registered agreement dated 22/07/06 or registered sale
Opposite Party under a deed dt.30.07.2003 to share
the constructed area into 40% to the owners and 60% to the builder ... Opposite Party No.1 had
constructed Ground+3 upper floors to the knowledge of the members of the
complainant Association as one block
false or
which it made recklessly without knowledge of its truth or falsity.
Further constructive fraud is the breach of a legal or equitable duty
quite clear
that only with the knowledge and consent of the complainant, the opposite party
has constructed the steps inside the house. Hence
Urban Development Authority concerned.
The opposite party no.5 had
constructed the room without obtaining any prior consent of the members of the
complainant association ... agreement with the opposite party no.5 has
the knowledge of the share of the constructed area, common area etc., pertaining
developer/builder by violating the building sanctioned plan constructed the building without the consent and knowledge of the purchaser certainly, the OPs are deficient