jurisdiction to
S.25 , CPC jurisdiction to
decide decide
Infringement rectification rectification
suit forum unless both are
transferred to
HC under
S.24 , CPC
High ... disposal of the
stayed until the final rectification proceedings. rectification proceedings.
disposal of the
rectification proceedings. (3) If no such application (3) If no such
Punjabi Bagh, New Delhi.
.....................DEFENDANT
Suit filed on :- 28.05.1996
Judgment Reserved on :- 19.11.2024
Date of decision :- 28.11.2024
SUIT FOR RECTIFICATION OF SALE DEED
JUDGMENT ... institute the present suit since no cause of action was
subsisting in favour of the plaintiff for filing a suit for
rectification of a registered
consistency, is it not
proper to consolidate both the infringement suit and the rectification
application together and render a single decision adjudicating both the
claims ... rectification application was filed by
the plaintiffs seeking rectification of the defendants' registered trademark
prior to the filing of this infringement suit. Under Section
rectification
application filed by the plaintiff against the defendant's ARTISTRY
registration is pending as on the date of institution of the suit ... mark,
the court trying the suit (hereinafter referred to as the court), shall,--
(i) if any proceedings for rectification of the register in relation
that the suit was filed for cancellation of
fabricated share certificates, but nonetheless, the trial court would draw
conclusion that the suit was to determine ... filed the suit against a person who
fabricated share certificates. NCLT was empowered under Section 59
of the Companies Act for Rectification of Register
would have to stay the
trial of the suit until the final disposal of the rectification proceedings in
view of sub-section(2) of Section ... jurisdiction
to deal with the merits of the rectification application. In a case where,
rectification proceedings in relation to the registered trade mark is
pending
property as on the date of filing the suit. Therefore, requested
the Court to dismiss the suit ... suit, under Ex.A3 and
parties were advised to file suit for declaration.
On 26.03.2003, Karthik and Srividya have filed fresh
suits vide
property as on the date of filing the suit. Therefore, requested
the Court to dismiss the suit ... suit, under Ex.A3 and
parties were advised to file suit for declaration.
On 26.03.2003, Karthik and Srividya have filed fresh
suits vide
Section 26 of the Specific Relief Act
provides that a suit for rectification is to be filed when an instrument
does not reveal the real ... knowledge and consent. The failure of the
contesting defendants to file suit for rectification of Ext.X1 in such
a situation is not fatal
Court the
parties do not approach the Tribunal for rectification, the
plea with regard to rectification will no longer survive ... court the
parties do not approach the Tribunal for
rectification, the plea with regard to rectification will
no longer survive."
24. Having considered
