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    The document is a law school exam for the course "Law of Injunction" that contains 3 questions: 1) The first question discusses the factors a court considers when granting an injunction request to restrict someone from entering private land without consent. 2) The second question involves a trademark dispute where the original user's registration lapsed and was later obtained by another party. It asks about the registrar's decision and if an injunction can be granted in a passing off action involving a registered trademark. 3) The third question discusses ex parte temporary injunctions and the factors courts weigh when granting them without hearing the other party. It also addresses the origin and development of injunction law in India.

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    The document is a law school exam for the course "Law of Injunction" that contains 3 questions: 1) The first question discusses the factors a court considers when granting an injunction request to restrict someone from entering private land without consent. 2) The second question involves a trademark dispute where the original user's registration lapsed and was later obtained by another party. It asks about the registrar's decision and if an injunction can be granted in a passing off action involving a registered trademark. 3) The third question discusses ex parte temporary injunctions and the factors courts weigh when granting them without hearing the other party. It also addresses the origin and development of injunction law in India.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    23 views3 pages

    Law of Injunction

    Uploaded by

    mukesh_kht1
    The document is a law school exam for the course "Law of Injunction" that contains 3 questions: 1) The first question discusses the factors a court considers when granting an injunction request to restrict someone from entering private land without consent. 2) The second question involves a trademark dispute where the original user's registration lapsed and was later obtained by another party. It asks about the registrar's decision and if an injunction can be granted in a passing off action involving a registered trademark. 3) The third question discusses ex parte temporary injunctions and the factors courts weigh when granting them without hearing the other party. It also addresses the origin and development of injunction law in India.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    of 3

    Programme: BACHELOR OF ARTS & BACHELOR OF LAWS (HONOURS) AND

    BACHELOR OF BUSINESS ADMINISTRATION & BACHELOR OF LAWS


    (HONOURS)

    Batch : 2017-2022

    Semester : VII

    Course : Law of Injunction

    Course Code : 0101250711/0101260711

    Date : Maximum Marks : 30

    Day : Time : 10.00 am to 11.00 am

    Instructions:
     All questions are compulsory &carry equal marks

    Q.1 X enters Y’s Land daily without Y’s consent. Y, without talking to X about the CO
    issue, approaches the court to seek an injunction order against X to restrict him NO 1
    from entering his land again. Will the court grant an injunction in favour of Y?

    If Yes / No, elaborate on the factors that determine the court granting or
    refusing to grant an injunction. Discuss with illustrations and relevant case laws.

    OR

    ..2..
    ..2..

    Q.1 Respondents (initially plaintiffs) are the original users of the trademark CO
    “WHIRLPOOL” for their electrical goods including washing machines since NO 2
    1937. The trademark was registered in 1956-57 in India and renewed
    periodically. However, in 1977, registrations lapsed on account of failure to
    apply for renewing the trademark. Later, in 1988 appellants (initially
    defendants) applied with Registrar of trademarks for the trademark
    “WHIRLPOOL” for certain goods including washing machines.
    Post this application, information was released by advertising in the trademark
    journal and accordingly respondents filed an objection. The registrar dismissed
    the objection and allowed the plaintiffs application for registration on the
    grounds of the proposed user. The respondents filed an action for passing off
    and grant of an interlocutory injunction.

    Answer the following: (5 marks each)

    a. Was the decision of the registrar legally incorrect? Provide your analysis
    on the order passed in the above case with illustrations and relevant case
    laws.
    b. Discuss with relevant case laws, whether an interlocutory Injunction can
    be granted in an passing off Action against the proprietor of a registered
    Trademark.

    Q.2 “The Court should be extremely careful and cautious in granting ex parte ad CO
    interim injunctions or stay orders. Ordinarily short notice should be issued to NO 3
    the defendants or respondents and only after hearing concern parties
    appropriate order should be passed.” [Ramrameshwari Devi and ors. Vs.
    Nirmala Devi and ors., Civil Appeal No.49/2011]

    Do you agree with the above statement? If Yes/ No, discuss the factors that
    should be weighed in by the courts in granting an Ex-Parte temporary
    injunction. Explain with illustrations and case laws.

    OR

    Q.2 "It is the duty of a Court of Equity, "to adopt its practice and course of CO
    proceedings, as far as possible, to the existing state of society and to apply its NO 2
    jurisdiction to all those new cases which from the progress daily made in the
    affairs of men must continually arise and not from too strict an adherence to
    forms and rules established under very different circumstances decline to
    administer justice and to enforce rights for which there is no other remedy."

    With respect to the above statement, explain the origin and development of Law
    of Injunctions in India with illustrations and relevant case laws.

    ..3..
    Q.3 Write short notes on Any 2 CO
    NO.
    a) Gujarat Bottling Co. Ltd. Vs. Coca Cola Co. AIR 1995 SC
    2372 3
    b) Vacating an Injunction. 5
    c) Types of Injunctions. 4
    5
    d) Circumstances when injunction cannot be granted.

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