Canbank Financial Services Ltd Vs Sfl Industries Ltd

Whether the inability of the creditor to remove the leased equipment from the factory premises of the borrower would defeat his rights of enforcement when there were practical issues in removing such equipment and its value had been lost - NO: HC

Whether such choice exercised by a person of not taking action for preservation of securities would be "mere forbearance" within the meaning of Section 137 of Contract Act and not losing or parting with security as per meaning of Section 141 - YES : HC

Whether Section 22 of SICA being a special statute would prevail and no need arises for permission u/s 446 of the Companies Act - YES : HC

- Order passed in favour of Plaintiff: DELHI HIGH COURT

Intas Pharmaceuticals Ltd Vs Macleods Pharmaceuticals Ltd

Whether a medicine trademark using generic prefix can escape infringement liability when upon comparison overall name is deceptively similar to another registered trademark - NO: HC

Whether there is a clear case of deceptive similarity when two medicines falling under the same class meant for same ailments having common trade channels - YES: HC

Whether prior user under same class of trademark has higher protection-YES: HC

- Case Allowed: DELHI HIGH COURT