The Law Relating to Injunctions in British IndiaThacker, Spink & Company, 1900 - 510 páginas |
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Términos y frases comunes
acquiescence action agreement alleged Anantnath appeal application appoint a Receiver Bank of India Beav breach cause Chunder circumstances cited Civil Procedure Code co-sharer Company compensation complained contract Court of Chancery Court of Equity damages decree defendant delay discretion Dossee easement English entitled execution exercise Ghanasham Nilkant Nadkarni Grand Junction Canal grant an Injunction Harjivan held High Court High Inj infringement Injunction to restrain injury interfere interlocutory issue Joyce's junction jurisdiction Kerr Lall Land Mortgage Bank legal right Letters Patent Lord Lord Cairns mandatory Injunction matter ment motion Narsi Tricum nuisance obtained party pendente lite pending perpetual Injunction person plaint plaintiff possession prevent principles proceedings question Railway refused remedy respect rule section 492 Singh sought specific performance Specific Relief Act subject-matter suit supra temporary Injunction tenant threatened tion tort trust violation waste wrong
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Página 444 - ... contract, or agreement, or against the commission or continuance of any wrongful act, or for the specific performance of any covenant, contract or agreement...
Página 125 - The doctrine of laches in courts of equity is not an arbitrary or a technical doctrine. Where it would be practically unjust to give a remedy, either because the party has, by his conduct, done that which might fairly be regarded as equivalent to a waiver of it, or where, by his conduct and neglect he has, though perhaps not waiving that remedy, yet put the other party in a situation in which it would not be reasonable to place him if the remedy were afterwards to be asserted, in either of these...
Página 490 - If the goods of a manufacturer have, from the mark or device he has used, become known in the market by a particular name, I think that the adoption by a rival trader of any mark which will cause his goods to bear the same name in the market may be as much a violation of the rights of that rival as the actual copy of his device.
Página 484 - A man is not to sell his own goods under the pretense that they are the goods of another man; he cannot be permitted to practice such a deception, nor to use the means which contribute to that end. He cannot, therefore, be allowed to use names, marks, letters, or other indicia, by which he may induce purchasers to believe that the goods which he is selling are the manufacture of another person.
Página 65 - Equity ; and, consequently, no injunction will be granted whenever it will operate oppressively, or inequitably, or contrary to the real justice of the case ; or, where it is not the fit and appropriate mode of redress under all the circumstances of the case ; or, where it will or may work an immediate mischief, or fatal injury.
Página 190 - And where during the pendency of an action, it shall appear by affidavit, that the defendant threatens, or is about to remove, or dispose of his property, with intent to defraud his creditors, a temporary injunction may be granted to restrain such removal or disposition.
Página 206 - Any person suing for the specific performance of a contract, may also ask for compensation for its breach, either in J^^SiS!*"' additi011 to> or in substitution for, such performance. If in any such suit the Court decides that specific performance ought not to be granted, but that there is a contract between...
Página 116 - The doctrine will apply which is to be found, I believe, in the laws of all civilised nations, that if a man, either by words or by conduct, has intimated that he consents to an act which has been done, and that he will offer no opposition to it, although it could not have been lawfully done without his consent, and he thereby induces others to do that from which they otherwise might have abstained, he cannot question the legality of the act he had so sanctioned, to the prejudice of those who have...
Página 171 - In general it may be stated that in all cases where, by accident or mistake or fraud, or otherwise, a party has an unfair advantage in proceedings in a court of law, which must necessarily make that court an instrument of injustice, and it is, therefore, against conscience that he should use that advantage, a court of equity will interfere and restrain him from using the advantage which he has thus improperly gained; and it will also generally proceed to administer all the relief which the particular...
Página 24 - The sole object of an interlocutory injunction is to preserve the subject in controversy in its then condition, and without determining any questions of right, merely to prevent the further perpetration of wrong, or the doing of any act whereby the right in controversy may be materially injured or endangered.