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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 .....

Daya Devi Vs. Angoori Devi and ors.

Court : Delhi

Reported in : 2002IIAD(Delhi)697; AIR2002Delhi295; 96(2002)DLT639; 2002(63)DRJ68

..... read as under:--------------- ------------ ------------------------description of period of time from which periodsuit limitation begins to runarticle 65for possession of twelve years when the possession ofimmovable property the defendant becomeson any interest adverse to thetherein based on plaintiff.title.explanation:-(a) where the suit is by a remainderman, a revisioner(other than a landlord) or adevise the possession of thedefendant shall be deemed tobecome adverse only when theestate of the remainderman,revisioner or devise, asthe case may be, ..... article 65, the period of limitation to institute a suit for possession of immovable property or any interest therein based on title is 12 years commencing from the date, when the possession of the defendant becomes adverse to the interest of the ..... 1 being invalid but it was a suit for the principal relief to recover possession on the ground of title as heirs and it was only incidentally that the adoption deed was sought to be avoided by the plaintiffs because of the stand taken ..... by the respondents-plaintiffs was a suit for possession of immovable property based upon the title of their being heirs of bir singh, the last male-holder. ..... a distinction between the suit for partition in respect of joint hindu family (in short 'jhf') and the suit for partition based on inheritance and since the instant suit for partition is based upon title by virtue of inheritance, article 65 of the limitation act governs the limitation. mr. .....

Syndicate of Press of the University of Cambridge Trading as Cambride ...

Court : Delhi

Reported in : 2005(31)PTC58(Del)

..... it would be perfectly clear to them, from the words enclosed in brickets as a sub-title, that they were acquiring, not the original work, but 'guide for university students. ..... labour must be apparent, and the reduction of the size and work by copying some of its parts and omitting others confers no title to authorship, and the result will not be an abridgment entitled to protection. ..... ex-parte order of ad-interim injunction was passed in favor of the plaintiff on 10th november, 2004 wherein the defendants were restrained from utilizing and incorporating the verbatim text taken from the plaintiffs' subject matter titled 'advanced grammar by martin hewings' in any of their publications.5. ..... we are in switzerland again.we...in a very comfortable small we...in a very comfortable small hotel.hotel...key to exercises-unit 1, 1.1, page 289 answers, exercise-1.1-page 14----------------------------------------------------------------------------------------------------------------------------------------------------------------------'extracts from the plaintiffs' extracts from thetitle 'advanced english defendant's title 'englishgrammar' by martin hewings. ..... to add anywords outside the space words outside the space------------------------------------------------------------------------------------------------------------------------------------------------------------'extracts from the plaintiffs' extracts from thetitle advanced english defendant's title 'englishgrammar' by martin hewings. .....

Girdhari Lal Tewari and anr. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2003(70)DRJ415

..... for the petitioners that the resolution dated 2.1.1943 and the sale deed alleged to have been executed in 1943 in favor of rati ram are forged, and thereforee, void and as such no right and title in respect of the land measuring 17 bighas 14 bids was was derived by rati ram nor by the subsequent purchasers including respondents 5 to 10 through the said transfer and the land continued to be ..... it is also held that neither rati ram nor his legal heirs or the successive purchasers including the respondents 5 to 10 as also the flat buyers derived any right, title or interest either in the land measuring 17 bighas 14 bids was or in the superstructure built by respondents 5 to 10 on a part of the said land and by this order they are divested of all their ..... union of india, the delhi development authority and the municipal corporation of delhi supported the contentions of the petitioners and stated that neither and title to the land was derived by rati ram or his legal representatives namely - ram piari and kanwal singh nor any such title or ownership right was derived by the predecessors-in-interest of respondents 5 to 10 who were 17 in number as also by the present respondents 5 to 10, for the ..... that date atleast the said respondents 5 to 10 were fully aware that the union of india as also the dda have laid their claim regarding title and ownership of the said land but in spite of the said knowledge the said respondents continued with the construction which definitely were at their own .....

Sh. Deep Chand Vs. Sh. Kulanand Lakhera and ors.

Court : Delhi

Reported in : 140(2007)DLT765; 2007(95)DRJ683

..... now that the rightful owners are in possession, the plaintiff, who has no title in the property, cannot obtain the aid of court to dispossess the rightful owners. 33 ..... effect of the compromise is that as of today, petitioners would admittedly have a right title and interest in 120 out of 200 square yards of land. ..... defendants examined themselves as their witness and proved their title documents, namely general power of attorney, agreement to sell and a ..... a decree under section 9 (now section 6) does not determine title it was noted by the law commission that the same i.e. ..... wherein the principle was stated as follows:it cannot be disputed that a person in possession of land in the assumed character of owner and exercising peaceably the ordinary rights of ownership has a perfectly good title against all the world but the rightful owner. ..... after all, possession may prima facie raise a presumption of a title, but when the facts are known, where is the place for a ..... learned judge has correctly held that issue of title could not be gone into in a suit under section 6 of the specific relief ..... person whatsoever, simply on the ground of his possession and where the true owner uses force to throw out the wrongdoer, these legal systems do not permit the true owner to set up his superior title to protect the possession which was regained by force. ..... suraj prakash appeared as pw-5 and likewise proved title documents in his favor namely will, power of attorney, agreement to sell, affidavit and a .....

Ishwar Singh Decd. Through Lrs. and Others Vs. Suraj Bhan and Another

Court : Delhi

..... argument to the final argument was that the agreement to sell is in fact a sale deed and therefore is bad because of lack of registration, but this argument is liable to be rejected because no doubt in one para there is talk of transfer of title, however, the entire contents of the entire set of documentation ex.pw1/1 to ex.pw1/4 have to be read as a whole and when this is so done it is very clear including from the heading of ex.pw1/1 that this agreement is only an agreement to sell ..... present suit as not for cancelling of the mutation order in favour of the appellants/defendants, but the suit as a suit in the nature of one which seeks grant of injunction in favour of the respondents/plaintiffs by their asserting their title rights in the suit land by virtue of documentation dated 10.10.1990, and also that since the respondents/plaintiffs are owners and in possession of the suit land, they would hence be entitled to injunction to restrain appellants/defendants ..... therefore in view of the fact that there is no provision of the delhi land reforms act for deciding the disputes by the revenue authorities in case there is dispute or transfer of title of the bhumidar to the transferee, the jurisdiction of the civil court is not barred because suit of the nature such as the present is not covered under any of the sections in column 3 of schedule i of the delhi land reforms .....

Rama Kanta JaIn Vs. M.S. JaIn and Others

Court : Delhi

Reported in : 1999IIIAD(Delhi)32; AIR1999Delhi281; 1999(50)DRJ232; ILR1999Delhi232

..... the purchase; (3) motive, if any, for giving the transaction a benami colour; (4) the position of the parties and the relationship, if any, between the claimant and the alleged benamidar; (5) the custody of the title-deeds after the sale and (6) the conduct of the parties concerned in dealing with the property after the sale.' 37. ..... 65 of the schedule to the limitation act, 1963 prescribes that for possession of immovable property or any interest therein based on title, the limitation of 12 years begins to run from the date of the defendant's interest becomes adverse to the plaintiff. ..... who holds possession on behalf of another does not by mere denial of that other's title make his possession adverse so as to give himself the benefit of the statute of ..... it is also inconceivable that a party would neglect his interest and title to an immovable property and that, too, situated in delhi and not make efforts to safeguard his or her interest at the earliest ..... it was stated therein that the defendants have perfected their title by adverse possession in as much as they have been in occupation of the disputed property for more than 12 ..... is a well established principle of law that a person who puts forward a hostile title to the title of the true owner is not entitled to any equities in his favor inasmuch as he wants to defeat the title of the true owner. ..... already been observed above that a person who traces his possession to a lawful title can never become an owner by adverse possession. .....

ishwar Dass Malhotra Vs. Dhanwant Singh and ors.

Court : Delhi

Reported in : AIR1985Delhi83; 26(1984)DLT377

..... , (as his lordship then was) who spoke for the court, stated the law as under : '......whenthe debtor deposits with the creditor the title deeds of his property with intent to create a security, the law implies a contract between the parties to create a mortgage, and no registered instrument is required under section 59 as in other forms of mortgage. ..... (15) there have been quite a number of cases in the high courts all over the country, some of which reached the privy council and the supreme court, in which a mortgage, alleged to have been effected by deposit of title deeds, has been accompanied by a written document, and in which a question has arisen as to whether that document was of such a character as to require registration. ..... in either case it does not operate as an actual conveyance though it is enforceable in equity ; whereas under the transfer of property act a mortgage by deposit of title deeds is one of the modes of creating a legal mortgage where under there will be transfer of interest in the property mortgaged to the mortgagee. ..... kedar nath , the board was of the opinion that : '.........where,as here, the parties professing to create a mortgage by deposit of title deeds contemporaneously eater into a contractual agreement, in writing, which is made an integral part of the transaction and is itself an operative instrument and not merely evidential, such a document must under the statute be registered,'in united bank of .....

Sh. Amarjeet Lal Suri Vs. Sh. Moti Sagar Suri and ors.

Court : Delhi

Reported in : 119(2005)DLT295

..... the receipt this cheque is acknowledged by shri moti sagar suri.except the properties given to shri moti sagar suri by this arrangement deed, he shall have no right, title or interest of whatsoever nature in any other property, movable or immovable, left by late shri nihal chand suri or late smt. ..... the other parties to this deed shall have no right, title, or interest in the said plot of land or the usufruct thereof ..... the other parties to this deed shall have no right, title or interest in the said property or the accumulated rental thereof or which falls due hereafter.5 ..... the other parties to this deed shall aver no right, title or interest in the said property or the accumulated rental thereof or which falls due hereafter ..... daropati devi suri shall not have any right, title or interest in any other property mentioned in this deed of arrangement on her receiving the amount of rs.25,000/- ..... the contents of this locker shall belong to shri amarjit lal suri and the other parties to this deed shall have no right title or interest in or upon the contents of the said locker. ..... moti sagar suri shall have no right, title or interest or any sort of claim in the afore-mentioned property and the said property has fallen in the absolute lot of the sell yrs and through amarjeet lal suri and smt ..... kanpur, and the same with the interest shall also be exclusively appropriated by shri amarjit lal suri and the other parties to this agreement shall have no right, title or interest in or upon the said amount. .....

ishwar Devi and anr. Vs. Elite Electrical Industries

Court : Delhi

Reported in : 26(1984)DLT242

..... avoid injustice and inequality to the true owner and to simplify the law, article 142 should be restricted to suits based on possessory title and owner of the property should not lose his right to it unless the defendant in possession is able to establish adverse possession. ..... upon by counsel for the defendants, their lordships of the supreme court observed that in cases governed by act of 1908, at any rate, a plaintiff admitting dispossession, in suits based on title, had to prove that be was in actual or constructive possession within twelve years and hence, the change in law. ..... protests were lodged in january, 1973, the defendants again accepted the possession and title of the plaintiffs and sought permissive possession to keep material on the first floor ..... under article 65 of act of 1963, in a suit for possession of immovable property or any interest thereof based on title, the period of limitation is twelve years and the time from which period begins to run is when the possession of ..... the burden cast on the dispossessed owner made it incumbent on him not only to establish his title but made it requisite that in an ejectment action, he should also make out that he was in possession at some point of time within ..... the possession of the defendants of the first floor area was permissive only and has to be handed over to the plaintiffs on their demand and the defendants have no legal right, title or interest to continue to hold the same against the wishes and desires of the plaintiffs. .....