RANJIT LAL MARIA Vs. VIDYA PARKASH
HIGH COURT OF PUNJAB AND HARYANA
Ranjit Lal Maria
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Harnam Singh, J. -
(1.) ON 13.1.1948, Mr. Vidya Parkash instituted the suit out of which these proceeding have arisen for the grant of permanent injunction restraining Defendant 1 from printi(sic) publishing, advertising and selling any newspaper under the name "Chitra Weekly" and (sic) restraining Defendant 2 from printing any (sic) paper for Defendant 1 and for rendition accounts by Defendant 1.
(2.) ON 17 -2 -1948, Shri Ranjit Lal put in written statement. On the pleadings of the parties the (sic) Court fixed the following issues:
(1) Whether the name Chitra Weekly by long (sic) has become associated with the name of the Plaintiff the mind of the public?
(2) Whether the name of a newspaper is n trade name?
(3) What is the effect of the Defendant has obtained a prior declaration for publishing and (sic) Chitra
(4) Whether the name Chitra has become com to the trade of printing and publishing of newspaper. If so, what is its effect?
(5) Whether the Defendant's use of Chitra calculated to deceive the purchaser and to pass off publication as that of the Plaintiff?
(3.) ON 2 -3 -1948, Shri Ranjit Lal, Defendant 1, made an application under Order 6, Rule 17, Order 14, Rule 5 and Section 151, Code of Civil Procedure, urging that the contesting Defendant may be permitted to plead that the Court has no jurisdiction to try the suit. On that application the following preliminary issue was framed: "Whether the Court is not poscassed of jurisdiction to try the suit -;
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