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    <title>1985 (6) TMI 197 - DELHI HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=200217</link>
    <description>A civil passing off action was held maintainable despite prior recourse to the statutory name-rectification machinery under the Companies Act, 1956, because that remedy operated in a different field and did not exclude ordinary civil jurisdiction. The court held that the statutory process could require alteration of an undesirable name but could not grant the injunction sought, and the doctrine of election did not bar the suit. On interim relief, the defendants&#039; corporate name was found to create a real risk of confusion, with a serious question to be tried and damages unlikely to be adequate. Relief was therefore granted, but confined to restraining entry into the capital market and a public issue under the impugned name.</description>
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    <pubDate>Wed, 19 Jun 1985 00:00:00 +0530</pubDate>
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      <title>1985 (6) TMI 197 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=200217</link>
      <description>A civil passing off action was held maintainable despite prior recourse to the statutory name-rectification machinery under the Companies Act, 1956, because that remedy operated in a different field and did not exclude ordinary civil jurisdiction. The court held that the statutory process could require alteration of an undesirable name but could not grant the injunction sought, and the doctrine of election did not bar the suit. On interim relief, the defendants&#039; corporate name was found to create a real risk of confusion, with a serious question to be tried and damages unlikely to be adequate. Relief was therefore granted, but confined to restraining entry into the capital market and a public issue under the impugned name.</description>
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      <pubDate>Wed, 19 Jun 1985 00:00:00 +0530</pubDate>
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