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Warner Bros. Entertainment Inc. and anr. Vs. Harinder Kohli and ors.

Court : Delhi

Reported in : 155(2008)DLT56; LC2009(1)274; 2008(38)PTC185(Del)

..... the movie 'hari puttar' is an infringing variant of the plaintiffs' trademark 'harry potter', seek stay of the release of the movie principally on the ground that the phonetic and structural similarity between the titles 'harry potter' and 'hari puttar' tantamount to the defendants riding on the popularity of the plaintiffs, thereby infringing the plaintiffs' registered trademark and diluting the goodwill of the plaintiffs. ..... therefore, in the local language and dialect, 'hari puttar' is not readily associated with 'harry potter'.further, we consider that 'hari puttar' is a distinctive and original title for the original script and film which dream town owns and does not, contrary to the assertions set out in your letter, infringe any rights that warner may have in respect of ..... during the sojourn of the defendants, the plaintiffs at the most may be said to have half-heartedly whimpered against the use of the title 'hari puttar' by the defendants, but thereafter they chose to squat comfortably and thus ensconced, have been watching the defendants' progress step by step towards their goal, to ..... it is the case of the plaintiffs in the plaint that the plaintiffs first came to know that the defendants were conceptualizing a film tentatively titled 'harry puttar' in december, 2005 in respect of which a 'friendly letter' was addressed by the plaintiffs on 20th december, 2005 to the defendants in order to ascertain the truth of the rumours as well as to reserve the plaintiffs' rights at .....

M. Chummi Ahmed Lrs. of Zeenat Ahmed Vs. Kelis Thabah and anr.

Court : Guwahati

..... well as the civil revision, declaring that the sanction deemed to have been granted for such transfer on a date subsequent to 7.6.1978 and directing registration of the deed transferring the title to a non tribal, were contrary to the provisions of the act of 1971 and hence the learned single judge, vide judgment and order dated 4.6.1997 passed in fa no. ..... in the in stat case as indicated above, the earlier judgment passed in the title suit was in total disregard to the provisions of the act of 1971 as amended by 1977 amendment and also the notification dated 7.6.1978 issued there under providing legislative embargo for transfer ..... 3 in view of the agreement dated 11.1.1978 and by such sale no right and title can be conferred on the said defendant, irrespective of the fact that the sale deed has been duly registered ..... inoperative and also the finding that no right and title can be passed on the basis of such sale ..... , from interfering with the right and title of the plaintiff (predecessor-in-interest of ..... 1) from interfering with the right and title of the predecessor-in-interest of the present appellant (the plaintiff in the said suit), upon consideration of the provisions of act of 1971, which has been affirmed by a single bench of this ..... meghalaya transfer of land (regulation) act 1971 (hereinafter referred to as 'the act of 1971') and hence the deed of relinquishment obtained by the plaintiff is not liable to be registered as it did not confer any title or right in her favour. .....

Dasappa Vs. Seetharam

Court : Karnataka

Reported in : ILR1995KAR1683

..... the expiry of six months period remedy by suit under section 6 of specific relief act is not available, but, on the basis of long standing possession on the basis of possessory title, the person dispossessed may file suit for recovery of possession of immovable property within twelve years of his dispossession against one who has dispossessed the plaintiff as well on the basis of ..... that suit, the trial court has given a finding to the effect that the plaintiff of that suit, namely, the present defendant - appellant had failed to prove the accrual of title by adverse possession and further, that the present plaintiff - respondent, who was a defendant in that suit failed to prove that there existed a relationship of landlord and tenant between ..... plaintiff's claim, holding the plaintiff to be the absolute owner of the property in dispute, as well as the defendant to be in unauthorised occupation thereof without having perfected title by adverse possession and further granted the decree of possession in favour of the plaintiff-respondent and directed the defendant to vacate and hand over possession of the suit property ..... of notice being issued by landlord of his intent to determine the lease and to take possession, but no notice had been issued in that case and so, therefore, claiming of title itself in himself on the part of the lessee did by itself not put an end to the lease, without giving of notice of requisite intent to determine lease so as to enable the landlord to enter .....

Yelamarthi Jaya Lakshmi (Died) Per L.R. Vs. Devilal Janwar and ors.

Court : Andhra Pradesh

Reported in : 2009(3)ALT372

..... srinivas reddy, the learned counsel representing the appellant distinguished the said decision on the ground that in the present case there was never a demand for return of the title deeds whereas in the said decision, certain admissions were made and in the light of the facts and circumstances the said decision had been rendered and hence on facts ..... approached the plaintiff for a loan, the plaintiff requested the 1st defendant to produce his solvency and thereupon the 1st defendant produced the title deeds during the last week of october, 1970 and thus the 1st defendant delivered the title deeds to the plaintiff for the purpose of ascertaining the solvency of the 1st defendant.at that time, the plaintiff asked the 1st defendant ..... in individual capacity and also further had taken a stand that the plaintiff just requested the 1st defendant to produce the solvency and thus the title deeds were produced and never there was any intention to create mortgage by deposit of title deeds and further stand had been taken that even otherwise the 1st defendant would be entitled to only 1/6th share in the plaint schedule property ..... rao : [1964]6scr727 the apex court at para 19 observed as hereunder:the foregoing discussion may be summarized thus: tinder the transfer of property act a mortgage by deposit of title deeds is one of the forms of mortgages where-under there is a transfer of interest in specific immovable property for the purpose of securing payment of money advanced or to be advanced .....

Smt. Tuna Devi and ors. Vs. Kali Pada Deo and ors.

Court : Patna

..... 1 in his written statement contended, inter alia, that the suit is not maintainable, that the plaintiffs' suit is in the form of declaration of title and recovery of possession in the garb of a partition suit and that the suit of the plaintiffs cannot be held maintainable as proper reliefs have not been prayed and hit by section 34 of the specific ..... that might be correct one but unless and until the plaintiffs can clearly prove specific title and that by such title, the plaintiffs became co-sharer then and then only the question of second partition suit may be there in favour of the plaintiffs but here the plaintiffs' title is totally clouded and being questioned from all sides both legal and factual. ..... plot has been allotted to one of the co-sharers, without questioning such allotment in the earlier partition suit any as to how the partition was not enforceable or that there was no breaking up of unity of title being shown by the plaintiffs, this partition suit simplicitor by the plaintiffs is not maintainable. ..... 377 of 1964 is binding on the co-sharers and co-parceners and if the plaintiffs have got title being traced out since 1951, it cannot be said by any stretch of imagination that they would sit tight without getting themselves impleaded in the ..... , on return of the plaint, they took advice of the lawyer and as, it was not obligatory on the part of the plaintiffs to pray for declaration of title and, as such, as advised, they filed the present suit for simplicitor partition. .....

Khotani Construction Co., Vs. Anwar Haji Alimohammed Cassum and ors.

Court : Mumbai

Reported in : 1986(3)BomCR454

..... construed accord would so receive the rent or be ingly;' entitled to receiver the rent if the premises were let to be a tenant; andincludes any person not being atenant who from time to timederives title under a landlord andfurther includes in respect of hissubtenant, a tenant who has sub-let anypremises; (and also includes in respectof a licensee deemed to be a tenant bysection 15-a, the licensor who has given ..... by one misquitta, the husband of defendant no.1 in the suit, from the tenancy courts, were illegal, null and void and for a further declaration the defendant no.1 had no right, title and interest in the suit property which consists of 15 lands situate at village dahisar within the limits of the bombay municipal corporation, for a direction that possession of suit land should be ..... market value of the land far exceeds the pecuniary jurisdiction of the court and hence, the court has no jurisdiction to entertain the suit; that in any event, defendant no.1 has acquired title to the suit land by adverse possession because initially misquitta and thereafter defendant no.1 had been in un-interrupted possession of the suit lands, rightly or wrongly, for a full period of 12 ..... it is significant to note that misquitta had instituted proceedings also against the corporation in the year 1968 and had contended that the corporation had no right, title and interest in the said land and that he was tenant of deceased haji ali mohammed haji cassum and had, as such, become owner of the same .....

Parmeshar Rai and ors. Vs. Sheo NaraIn and ors.

Court : Allahabad

Reported in : (1896)ILR18All270

..... cases in which it is clear that for the purposes of adjudicating upon an application or making a decree in a suit it wag the intention of the legislature that the decision on the question of title of the court which was given the exclusive jurisdiction to entertain the application or the suit which would necessarily lead to the maintenance of the entries in the village papers forming part of the record of rights, or ..... xii of 1881, that the opinion was entertained by all the judges who in these provinces or in the lower provinces of bengal have considered the question, that questions of proprietary title to land and of title to tenancies between rival claimants, but not questions as to the status of a tenant of agricultural land, are questions which should be determined by the civil courts and not by ..... is not conceivable that the legislature could have intended that there should be of its own creation two sets of courts in these provinces, each having jurisdiction to determine the same questions of title to land let to agricultural tenants and neither having any power to compel the other to accept its decision by revision or other procedure or by process, we must assume that in all ..... assumed that the legislature did not intend to confer upon civil courts and upon courts of revenue any concurrent jurisdiction in particular cases where the title to lands was in question without making some provision by which the decrees and the decisions of one of such courts on such matters .....

Deb Dutta Seal Vs. Ramanlal Phumra and ors.

Court : Supreme Court of India

Reported in : AIR1970SC659; (1969)3SCC821

..... 1,200 and the interest due thereon of the within note of hand, i hereby deposit with baboo shamlal khetty, as a collateral security by way of equitable mortgage title deeds of my property etc.the court held that the equitable mortgage was complete without the memorandum and the latter was not a writing which the parties had made as the evidence ..... transaction demands, there is scope for contending that the document is merely evidential and not operative but when the document contains all the terms and is executed contemporaneously with the deposit of title deeds, it and it alone can be considered in evidence and if the law of registration shuts the document out of consideration, unfortunate though the result may be. ..... advanced at the creditor's place in the morning and in the afternoon deb dutta seal, the appellant, went there with the title deeds of the above mentioned property which were examined by giridharilal phumra, the original plaintiff (now represented by the respondents). ..... 1for the purpose of his business on december 17, 1951 and on the same day hegave his title deeds regarding 35 puddopukur road after the execution of thehundies as the security for the money.he also gave ..... foster (1872) 5 hl 321 'although it is a well-established rule of equity that a deposit of a document of title, without more, without writing, or with word of mouth will create in equity a charge upon the property referred to, ...that general rule will not apply where you have a deposit accompanied by an .....

Kalyan Sahay Vs. Madan Lal (Died) Now Represented by Lrs. Niranjan Lal ...

Court : Rajasthan

Reported in : 1986(1)WLN131

..... devi (supra), as cited by shri dalip singh, has taken a liberal view in this matter and held that the plaintiff when he comes on the basis of the title based on long possession can be allowed to show that the title has been acquired by adverse possession but, there again, as is obvious from a reading of para 16, there was a clear averments in the plaint that the plaintiffs were ..... radical in nature and needs emphasis because now after 1963, all that the plaintiff is required to prove is his title under article 65 of the new act and once he succeeds, the defendant can unsuit only when he has adverse ..... of articles 64 and 65 of the new act is that, whereas, earlier the plaintiff was required to prove not only the title but further his possession within 12 years of the institution of the suit and under the new article 65 of the new act, when the suit is based on the title, he is not required to prove that he was in possession within 12 years of the filing of this suit once he is ..... that after new article 65 of limitation act of 1963, it is not necessary for the plaintiff who comes on the basis of the title to prove that he was in possession of the property within last 12 years, in order to get a decree of possession against the ..... second appeal, it is not only competent but, expedient in the interest of justice to entertain the plea raised by the plaintiff had acquired title to the suit land by adverse possession arises upon facts proved beyond controversy as found by the appellate court. .....

Srimati Hankari Devi and ors. Vs. Smt. Rajbhawani Devi and ors.

Court : Patna

..... thus, on the basis of the discussions made above, i find and hold that there was no unity of title and unity of possession between the parties with respect to the suit land and there was complete partition by metes and bound between the parties in the year 1920 itself ..... before me, two points arise for consideration which are as follows:(i) whether there was unity of title and unity of possession with respect to the suit properties between the parties or whether the partition had taken place between the parties long long ago ..... 345 of 1967 holding that there was no unity of title and unity of possession between the parties and that the partition had taken place between the parties in the year 1920 itself ..... the said title suit was filed for declaration that the registered deed of gift executed by original defendant ..... of 1976 were heard analogous as both the appeals arise out of the common judgment dated 31st august, 1973 passed by sri rameshwar narain singh, 2nd additional subordinate judge, champaran at motihari in title suit nos. ..... that there are overwhelming documentary evidence on record in support of this fact that in the year 1920 itself the partition had taken place between the parties and i am of the view that the plaintiffs of title suit no. ..... perusal of the judgment of the trial court it appears that on the basis of respective pleadings of the parties, the trial court framed as many as eight issues for determination in both the suits which are as follows:(i) is title suit no. .....