- Court
- Allahabad High Court
- Date of judgment
- Judge
- Kshitij Shailendra
- Outcome
- Injunction granted
Headnote
Appeal allowed, the temporary injunction set aside and the application remanded for fresh consideration. The District Judge had rested the injunction on the plaintiff's registration alone, with no discussion of prior user, of sections 31 and 34 of the Trade Marks Act, or of the defendant's documents, and only a cryptic treatment of prima facie case, balance of convenience and irreparable loss. The Court held that while a mini trial is not justified at the injunction stage, that does not relieve the trial judge of the duty to analyse the ingredients. Order 41 Rules 23 to 27 CPC, including the powers of remand and to admit additional evidence, apply to appeals from orders through Order 43 Rule 2. The respondent's request that the injunction continue during the remand was refused: once the appeal is allowed setting the injunction aside, a contrary order on the same lines cannot be passed.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.