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WRIT OF PROHIBITION/CERTIORARI/MANDAMUS UNDER TRADE MARKS ACT, 1999 FOR MAINTAINING REGISTERED TRADEMARK ON THE REGISTER ON THE GROUND OF NON SERVICE/NON ISSUANCE OF NOTICE U/S. 25 (3) OF THE TRADE MARKS ACT,1999 AND RULE 64 THE TRADE MARKS RULE, 2002
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This is the precedent of the Writ of Prohibition/Certiorari/Mandamus Under Trade Marks Act, 1999 for maintaining Registered Trademark On The Register On The Ground Of Non Service/Non Issuance Of Notice U/S. 25 (3) Of The Trade Marks Act,1999 and Rule 64 The Trade Marks Rule, 2002. The Petitioner’s trademark is a registered trademark on the file of the trademarks registry. However, the trademark authority is threatening to remove the Petitioner’s trademark from the records of the registry of trademarks.
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CRIMINAL WRIT PETITION OF MANDAMUS FOR TRANSFER OF INVESTIGATION FROM ONE OFFICER TO ANOTHER INVESTIGATING OFFICER
This is the precedent of Criminal Writ Petition of Mandamus For Transfer of Investigation From One Officer To Another Investigating Officer. The First Information Report (FIR) is registered. The party feels Investigating Officer is favouring someone.
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COUNTER STATEMENT TO THE NOTICE OF OPPOSITION TO THE REGISTRATION OF THE TRADE MARK
This is the precedent of Counter Statement (by the Applicant) to the Notice of Opposition filed under Trade Marks Act, 1999 opposing the registration of the Trade Mark advertised in Trade Journal.
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SUIT FOR INFRINGEMENT OF TRADE MARKS, COPYRIGHT AND PASSING OFF (COMPOSITE ACTION)
This is the precedent of the suit/plaint for infringement of Trademarks, copyright and passing off (Composite Action) to restrain the Defendant from infringing the Plaintiff’s trademark, copyright and pass off the Plaintiff’s goods as of Defendant and for consequential reliefs.
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SUIT BASED ON PERSONALITY RIGHTS
The Plaintiff is a Celebrity having personality rights. The Defendant is wrongfully attempting to use Plaintiff’s name and other personality rights without the consent of the Plaintiff for commercial gain. This is a precedent of suit based on personality rights for an injunction and consequential reliefs.
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WRIT OF CERTIORARI TO BE FILED BEFORE THE HIGH COURT (WRIT PETITION) CHALLENGING THE ORDER OF QUASI JUDICIAL AUTHORITY
This is the precedent of Writ of Certiorari to be filed before the Hon’ble High Court. The Writ of Certiorari can be filed for quashing the order already passed by an inferior court, tribunal or quasi-judicial authority. This is the Writ Petition challenging the Order of deemed conveyance by quasi Judicial authority in respect of Freehold property.
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WRIT OF PROHIBITION TO BE FILED BEFORE THE HIGH COURT (WRIT PETITION)
This is the precedent of Writ of Prohibition to be filed before the Hon’ble High Court. The Writ Petition of Prohibition is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction.
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WRIT PETITION (WRIT OF CERTIORARI AND MANDAMUS) TO BE FILED BEFORE THE HIGH COURT FOR CHALLENGING ACTION BY THE REGISTRAR OF COMPANIES (ROC) FOR DISQUALIFICATION THE PETITIONER AS DIRECTOR
The Petitioner is disqualified to act as the Director by the Registrar of Companies. The decision of the Registrar of Companies needs to be challenged. This is the precedent of Writ Petition (Writ of Certiorari and Mandamus) to be filed before the High Court for Challenging action by the Registrar of Companies (ROC) for disqualification the Petitioner as Director.
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WRIT OF CERTIORARI FOR QUASHING IMPUGNED NOTICES/ANALYSIS REPORTS UNDER FOOD SAFETY AND STANDARDS ACT, 2006
This is the precedent of the Writ of Certiorari for Quashing Impugned Notices/Analysis Reports Under Food Safety and Standards Act, 2006. Food, safety and standard authority of India has issued recall notices to the Petitioner for recall of the petitioner’s products from the market.
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PUBLIC INTEREST LITIGATION – WRIT OF MANDAMUS ON ACCOUNT OF PUBLIC NUISANCE
The Respondent No. 2 is causing public nuisance to the public at large and particularly the residents of a locality. The Respondent No. 1, the Municipal Corporation being the government body, is not taking any steps to stop the public nuisance. This is the precedent of a Public Interest Litigation to be filed before the High Court seeking to restrain the Respondent No.2 from causing and continuing to cause such public nuisance and certain directions against the Respondent No. 1 to ensure that public nuisance is stopped.
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WRIT OF QUO WARRANTO BEFORE THE HON’BLE HIGH COURT (WRIT PETITION)
Writ of quo warranto means a writ that you can be issued to restrain a person from holding any public office in the capacity of a Public Officer to which he/she does not have the entitlement. Here, the term Quo-Warranto means, "by what authority"; or, "on whose authority is one holding a public office". This is a precedent of Writ Petition of Quo Warranto.
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WRIT OF HABEAS CORPUS TO BE FILED BEFORE THE HIGH COURT (WRIT PETITION)
This is the precedent of Writ of Habeas Corpus, a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
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SUIT FOR PASSING OFF THE TITLE OF THE FILM (TRADE MARK)
The plaintiff is the owner and proprietor of the trademark being the title of the cinematographic film. The plaintiff’s application for registration of the trademark being the title of the film is pending. The defendant is attempting to make a film based on plaintiff’s title and pass off his film as the plaintiff’s film or remake of the plaintiff’s film or in any kind encashing the plaintiff’s goodwill. This is the suit for restraining the defended from doing so and for consequential reliefs.
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