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Specific Relief Act, 1963
41. Injunction when refused.- An injunction cannot be granted-
(a) to restrain any person from prosecuting
Central Government Act
aspects of the question governing the grant or
refusal of injunction. If there was no prima facie case ... also have to be evaluated
before granting or refusing the injunction. In other words the
existence of a prima facie
Karnataka High Court
plaintiff's appeal against an order refusing an
injunction.
2. The plaintiff is a firm dealing in tents and brushes ... hearing the opposite party. But if ex
parte injunction is refused, the applicant has no remedy
Allahabad High Court
patent by the patentee is a ground for refusing
injunction. A learned single Judge of the Delhi High Court ... Mills Co., AIR 1980 Delhi 132
refused injunction on the ground of non-user by the plaintiff-patentee
Delhi High Court
proved a
prima facie case, and accordingly granted temporary injunction till the
disposal of the suit.
10. It is against ... when the trial court has
exercised its discretion in refusing injunction, the lower appellate
court, under normal circumstances, should
Madras High Court
identical, as
in the present case, then injunction cannot be refused. He further
contended that in the present case ... passing off. He further contended that if the injunction is refused,
then the reputation of the plaintiffs is likely
Bombay High Court
Court has laid down that
dilatory tactics, misconceived injunction suits create only
incentives for wrongdoers.
30. The appellant submitted that ... theme [of judges'
humanity], or rather perhaps in the refusal to
discuss it, as if judges must lose respect
Supreme Court of India
held that refusal
of temporary injunction by the trial Court need
not be interfered with, in view of protection
statutorily ... discussed later), the question
was squarely one of refusal of temporary
injunction by a trial Court during the pendency
Bombay High Court
held that refusal
of temporary injunction by the trial Court need
not be interfered with, in view of protection
statutorily ... discussed later), the question
was squarely one of refusal of temporary
injunction by a trial Court during the pendency
Bombay High Court
present suit, is seeking an order of
injunction restraining the Defendants from making use of the name
FEMICONTIN ... raised defence for dismissal of the suit
and refusal of interim application. The main contentions
are as under :
(a) that
Delhi High Court
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