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TMI Blog1983 (2) TMI 325X X X X Extracts X X X X X X X X Extracts X X X X ..... of diesel oil engines. According to the plaintiffs, the defendants had applied for registration of the trade mark 'Jawahar' in respect of diesel oil engines for the States of U.P., Punjab, Haryana, Bihar, Rajasthan and the Union Territories of Delhi and Chandigarh. This application No. 291514B was advertised in the Trade Mark Journal. The object of the suit was to inject the defendants from using the trade-mark 'Jawahar' or a deceptively similar trade mark. 2. A preliminary issue was framed on the pleadings in the suit as follows: -- "Has this Court jurisdiction to try the suit?" On this issue, evidence was examined on the basis of which it was held that there was no evidence that there had been any sale of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Ruldu Singh v. Sanwal Singh I.L.R. (1922) Lah 188 decided by the Lahore High Court and the view expressed by White C.J., in Tuljaram v. Alagappa, 35, Madras 1, and other similar cases. There were two views possible regarding the scope of a Letters Patent appeal. In cases covered by Order 43, Rule 1 of the Code of Civil Procedure, an appeal would lie only in those cases which were covered by the rule and not in others even though there was a 'judgment' within the meaning of Clause 10 or Clause 15 of the Letters Patent, as the case may be. Or, even if the appeal was not maintainable because of Section 104(2) of the Code, an appeal would lie under the Letters Patent. The wider view has been accepted by the Supreme Court. 5. It has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trial Court till the very end of the suit. 8. Reliance was placed on the following passage in the judgment of the Supreme Court aforementioned: -- "A preliminary judgment--This kind of a judgment may take two forms--(a) where the "trial Judge by an order disposes the suit without going into the merits of the suit but only on a preliminary objection raised by the defendant or the party opposing on the ground that the suit is not maintainable. Here also, as the suit is finally decided one way or the other, the order passed by the trial Judge would be a judgment finally deciding the cause so far as the trial Judge is concerned and, Therefore, appealable to the larger Bench, (b) Another shape which a preliminary judgment may take i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stered trade mark. The learned Single Judge held that the Delhi Court does not have jurisdiction on the ground of any sale having been made in Delhi, but does have jurisdiction on account of the advertisement having appeared in the Trade Marks Journal. The real point which gives the Court jurisdiction is not the place where the advertisement has appeared, but the fact that the trade mark is sought for sale in Delhi amongst other places. Furthermore, when an injunction is sought, it is not necessary that the threat should have become a reality before the injunction and it can even be sought for a threat that is still to materialise. 11. An injunction being prohibitive in nature is intended to prevent something that is likely to happen. Once ..... X X X X Extracts X X X X X X X X Extracts X X X X
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