Jammu and Kashmir Court September 1985 Judgments
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A.K. Tak Vs. Noor-ud-dIn Bhat and ors.
Court: Jammu and Kashmir
Decided on: Sep-25-1985
Reported in: AIR1987J& K1
ORDERM.L. Bhat, J.1. A civil suit Under Section 92 Civil P. C. was instituted by the respondents against the petitioner herein. The suit related to a Trust of which petitioner herein is a patron/trustee. The respondents have alleged embezzlement in the funds of the trust. They have also alleged that the petitioner herein was not working honestly, the result was that the trust was mis-managed. The petitioner herein is said to have no interest in the management of the trust for which the trust was created. It was prayed that the petitioner herein be removed from the trust and a new trustee be appointed in his place. Accounts be taken from the 'petitioner and the petitioner be restrained from obtaining grant-in-aid from Social Welfare Department. Along with the suit an application Under Section 92 C.P.C. came to be filed for permission in the trial Court to file the suit The trial Court granted the permission on 13-2-1985 which order is impugned in this petition.2. From the record it appe...
Rightway Vs. Rightways Foot Wear and anr.
Court: Jammu and Kashmir
Decided on: Sep-25-1985
Reported in: AIR1986J& K71
ORDERM.L. Bhat, J. 1. In a suit for infringement of Copy Right, passing off of trademark and trade name, etc., the plaintiff has made two applications for restraining the defendants from using his trade name and trademark, etc.2. Facts relevant for the disposal of the interim applications are summarised as under : --The plaintiff is a firm which conducts partnership business. It is manufacturing foot-wears and travelling luggage and conducts sale of manufactured goods such as footwear, travelling luggage, etc. The said sale is conducted under the trademark 'Rightway' with device of Foot in a distinctive manner. This trademark is used by the plaintiff since 1967. This trademark is written in a particular style and the plaintiff has applied for its registration under the provisions of law. The trade-mark and the goods sold by the plaintiff have acquired reputation with the public. Goods of the plaintiff are identified by the trade-mark under which they are sold because it has its own col...
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