S.135 Trade Marks Act | Scope Of Granting Interim Injunction Is Limited, Vigil & Caution Must While Granting Ex-Parte Relief: Kerala High Court
2 years, 3 months ago

S.135 Trade Marks Act | Scope Of Granting Interim Injunction Is Limited, Vigil & Caution Must While Granting Ex-Parte Relief: Kerala High Court

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Observing that scope of granting ad interim injunction is limited, the Kerala High Court has held that Courts must be vigil and cautious while granting the relief ex parte without notice to the counter petitioner or defendant.Justice P. Somarajan further added that the scope of relief to grant interim injunction should be pertaining to the matters incorporated under Section 135 of the. Observing that scope of granting ad interim injunction is limited, the Kerala High Court has held that Courts must be vigil and cautious while granting the relief ex parte without notice to the counter petitioner or defendant. When the Appeal came before the Court, it was contended that the Trial Court is well within the jurisdiction of grating even an ex parte ad interim injunction without notice to the counter petitioner/appellants by virtue of Section 135 of the Trade Marks Act. While ordering ad interim injunction and ex parte ad interim injunction, the court must be more vigilant and cautious about the exception carved out under sub-section, and there should be a prima facie satisfaction that the matter would not fall under the exception so carved out, besides the grounds available for the exercise of jurisdiction under sub-section 2 of Section 135 of the Act," the Court said.

History of this topic

Appeals Against Ex-Parte Orders Should Not Be Encouraged, Defendant Can Always Approach Single Judge: Bombay High Court
2 years, 2 months ago
Ex-Parte Orders Passed Without Issuance Of Notice Cannot Be Brought Within Purview Of S.36 CPC For Execution: Kerala High Court
2 years, 3 months ago
Kerala High Court Passes Ex-Parte Interim Order Against ReporterTV On Reports Against Dileep's Brother-In-Law
2 years, 8 months ago
Appeal Against Ad-Interim Order In A Pending Writ Petition Not Maintainable: Kerala High Court
3 years, 2 months ago
Arbitral Tribunal Can't Pass Ex-Parte Ad-Interim Order; Arbitration Act Mandates Advance Notice : Bombay High Court
3 years, 2 months ago
COVID-19: Kerala High Court Extends Interim Orders Till 27th August In View Of Upcoming Vacation
3 years, 5 months ago
Kerala High Court Further Extends Interim Orders Till 13th July Amidst Ongoing Covid Restrictions
3 years, 6 months ago
Kerala High Court Extends Till June 15 Interim Orders, Interim Bails, Orders U/S 138 Of The Negotiable Instruments Act
3 years, 7 months ago
Kerala HC Extends All Interim Orders Till 3rd August 2020 [Read Order]
4 years, 6 months ago

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