...injunctive relief may be obtained even before defendant actually opens for business, if the threatened act of defendant is imminent and impending as one does not have to await consummation of the ...J.D Kapoor, J.:— This is a Quia Timet suit Le. action against apprehended or threatened invasion.2. The plaintiff is the proprietor of the Trademark ‘MARS’. The said trademark...threatened invasion on its trademark.11. The first and foremost requirement of action against the threatened infringement of the trademark is that the person facing threat must have a...

...impending as one does not have to await consummation of the threatened injury to obtain preventive relief (Cleveland Opera Co.V Cleveland Civic Opera Ass'n, 22 OA.400, 5 OL.297 Other view is...Timet suit i.e action against apprehended or threatened invasion.2. The plaintiff is the proprietor of the Trademark ‘MARS’. The said trademark is registered in India and in as many as 170...trade name, there have been varying views. One view is that injunctive relief may be obtained even before defendant actually opens for business, if the threatened act of defendant is imminent and...

...defendant actually opens for business, if the threatened act of defendant is imminent and impending as one does not have to await consummation of the threatened injury to obtain preventive relief...requirement of action against the threatened infringement of the trademark is that the person facing threat must have a right which is purported to be infringed. Second, the threat of infringement or invasion...threatened or apprehended invasion of the trade mark or Corporate name." 14. Hence merely because the plea raised in the plaint is that for the present the defendant exists...

...consummation of a threatened injury before invoking judicial aid. He may invoke it if the injury is certainly impending”, (p. 31).15. The Supreme Court had occasion to consider this point...prohibiting the respondents from enforcing them, as threatened in their notice.6. The petitioners in W.P No. 854 of 1952 are merchants carrying on business, in tobacco at various places...The Judgment of the Court was delivered byVenkatarama Aiyar, J.:— The common question of law that is raised in these petitions is whether the Madras...

...no rule of law that her testimony cannot be acted upon without corroboration in material particulars. She stands on a higher pedestal than an injured witness. In the latter case, there is injury on the...is variable. This variation, sometimes permits penetration without injury. This is possible because of the peculiar shape of the orifice or increased elasticity. On the other hand, sometimes the hymen...punishable with death. An attempt is made punishable, because every attempt, although it falls short of success, must create alarm, which by itself is an injury, and the moral guilt of the offender is the...

...alarm, which by itself is an injury, and the moral guilt of the offender is the same as if he had succeeded. Moral guilt must be united to injury in order to justify punishment. As the injury is not as..., amounting to more than mere preparation, but falling short of actual consummation, and, possessing, except for failure to consummate, all the elements of the substantive crime. In other words, an attempt...consists in it the intent to commit a crime, falling short of, its actual commission or consummation/completion. It may consequently be defined as that which if not prevented would have resulted in the...

...father-in-law brought five litres of petrol and her father-in-law and husband threatened her that if she did not come back from her father's place with motorcycle and Rs. 50,000/-, she will be put to fire...articles, he will not consummate the marriage. In other terms the state of impotency has been assumed as an inference from non-consummation of marriage since the date of marriage till the date of filing...appellant, one of the grounds for cruelty i.e non-consummation of marriage must be deemed to have been admitted by the respondents. In this connection he also relied on the evidence which primarily consist...

..., and observed that a continuing offence is an act which creates a continuing source of injury, and renders the doer of the act responsible and liable for the continuation of the said injury. In case a...wrongful act causes an injury which is complete, there is no continuing wrong even though the damage resulting from the said act may continue. If the wrongful act is of such character that the injury...caused by it itself continues, then the said act constitutes a continuing wrong. The distinction between the two wrongs therefore depends upon the effect of the injury. In the said case, the Court...

...never recovered by the investigating officer and in the absence of clear connection of the weapon used for crime and resultant injury, the prosecution cannot be said to have proved its case beyond...threatened the deceased that he would not be spared alive and thereafter fired shot from his loaded pistol and medical evidence amply corroborates the version of the eyewitnesses and the courts below...and resultant injury, the prosecution cannot be said to have established the guilt of the appellant. In the light of unimpeachable oral evidence which is amply corroborated by the medical evidence, non...

...post-mortem. He found one incised stab wound on the left side of the chest which proved fatal. The particulars of the injury are:(1) One incised stab wound, horizontally...that Injury No. 1 was sufficient to cause death in the ordinary course of nature. The cause of death was haemorrhage and shock due to injuries. The accused was arrested on August 28, 1973 and at his..., inflicted the injury on the deceased in self-defence. We see no basis for this submission. PW 2 has no doubt stated that there was exchange of hot words between the appellant and the deceased but he did not...

...injustice of innocence long in rigorous incarceration inflicted by the protraction of curial processes, is an irrevocable injury. And, taking a pragmatic view, while life imprisonment may, in law, last...dilatory deprivation of citizen's liberty, a consummation vigilantly to be vetoed. So, a circumstance of some consequence, when considering a motion for bail, is the period in prison already spent...— once awareness of matters of relevance is assured — the briefer the better, and prolixity may be fraught with unwitting injury. The focus is on personal freedom, barricaded or banned when it turns a...

...and 0.8 cm oblique, parallel to each other, 0.5 cm apart, on the front of middle of neck, 0.5 cm below Injury 2.PW 13 also found that hymen whose margins were...doctor further opined that Injury (iii) was possible to have been caused by that portion coming into contact with the top of a nail.9. PW 13 further stated that there were signs...showing that the couple had sexual consummation. This finding, in our view, is not based on a totality of appreciation of evidence of PW 13. As noticed above, PW 13 had clearly stated that there were...

...filed in public interest, the court can exercise the writ jurisdiction at the instance of a third party only when it is shown that the legal wrong or legal injury or illegal burden is threatened and such...violated, and not to entertain cases of individual wrong or injury at the instance of third party where there is an effective legal aid organisation which can take care of such cases. Even in cases...R.P Sethi, J.— Aggrieved by the orders passed by the District and Sessions Judge, Varanasi dated 13-2-2001 transferring a number of criminal cases for disposal to the Additional District...

...Act means where one spouse has so treated the other and manifested such feelings towards her or him as to have inflicted bodily injury, or to have caused reasonable apprehension of bodily injury...consummation of marriage, the appellant was disentitled to claim divorce on the ground of desertion.12. No evidence was led by the appellant to show that she was forced to leave...R.P Sethi, J.— Alleging cruelty and desertion against the husband, the appellant-wife approached the Matrimonial Court under Section 13 of the Hindu Marriage Act (hereinafter...

....4. Consummation of marriage was allegedly stalled by her from the inception of marriage for two reasons:(i) transfer of properties of her mother-in-law in her favour...grounds among which manipulation of age of the respondent by her was one of the dominant factors. It was a mental sore for the petitioner who had no knowledge of her actual age. To add insult to the injury..., the persistent wilful refusal to consummate the marriage by the respondent crept in openly and the marital harmony torn to pieces. The claim founded on the non-consummation of marriage and fraud...

..." would indicate that there must be an act of threatening to another person, of causing an injury to the person, reputation, or property of the person threatened, or to ...injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any...deceased person in whom the person threatened is interested, is within this section." 14. A reading of the definition of "Criminal intimidation...

....5. PW 7 Dr. S. Lalithakumari conducted the post-mortem examination and found the following external injuries on the body of the deceased:1. A cut injury in...right side of the thoracic spine. Vertical in direction. Edges clear cut. Ecchymosis present underlying tissues.3. A cut injury of 6 × 3 × 7 cm deep in the...centre of the lumbar region over the 3rd lumbar spine. On deep dissection ecchymosis present. 3rd lumbar vertibra cut. The injury is transverse in direction. Edges are clear cut...

...deceased suspected that this had been done by the appellant. He, therefore, rebuked him. The appellant on the other hand denied the throwing of filthy water in the wada land of the deceased and threatened...) is the stab wound. External injury (1) is more likely to have been caused when he might be in lying position rather than in sitting one. Looking to the nature of Injury (1) it is not correct to say...opinion of Dr Desai, Injuries (1) and (2) were possible by a sharp cutting instrument and Injury (3) was possible by friction with rough surface or by a fall. Dr Desai, however, specifically deposed that...

...and that they (A-1 and A-2) did not cause or attempt to cause any injury to the deceased. It concluded that the killing of Purushotham Reddy was not on account of any pre-planned attack by Accused 1 to...deceased had sustained only one incised injury over the right clavicle. The doctor (PW 12) clearly stated that except the said injury, he did not find any injury on any other part of the body of the...accused and his family members approached the deceased Purushotham Reddy with sticks, knives and daggers in an intimidating and threatening manner. Therefore, the absence of any other injury except...