Case Summary
The case is between two brothers regarding the operation of their late father's 'marma chikilsa' clinic. Plaintiff claims right to clinic business, while defendant contests plaintiff's rights.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Perpetual Injunction
Final Judgment
No
Key Reasoning:
The plaintiff failed to prove infringement of exclusive rights to clinic name.
The plaintiff failed to prove infringement of exclusive rights to clinic name.
Judgment Evidence:
Parties Involved
Plaintiffs
Manzoor Ali Bukhari Thangal (32 years years)
Kizhakkeppurath Bukhari House, Ananthavoor
Defendants
Shamsudheen Bukhari Thangal (36 years years)
Kurumbathur amsom desom & Post, Tirur Taluk
Reliefs
Relief Type:
Perpetual Injunction
Outcome:
Not Decided
Description:
Plaintiff requested for perpetual injunction
Evidence:
No decision provided in judgment
Documents & Evidence
Document Type:
Aknowledgment (Part II) dated 10-12-2013
Submitted By:
Plaintiff
Relevance:
Proof affidavit of the Plaintiff's witness (PW1)
Reference:
Ext.A1
Document Type:
Application for packing registration dated 5-2-2014
Submitted By:
Plaintiff
Relevance:
Evidence of licenses obtained by Plaintiff
Reference:
Document Type:
Spa Diploma Certificate dated 10-3-2014
Submitted By:
Plaintiff
Relevance:
Evidence of qualifications of the Plaintiff
Reference:
Ext.A3
Document Type:
Ayurveda Therapy Certificate dated 19-3-2014
Submitted By:
Plaintiff
Relevance:
Evidence of qualifications of the Plaintiff
Reference:
Ext.A4
Document Type:
License A2- 2847/14 dated 30-4-2014
Submitted By:
Plaintiff
Relevance:
License obtained by the Plaintiff
Reference:
Ext.A5
Document Type:
Tax Receipt dated 15-5-2014
Submitted By:
Plaintiff
Relevance:
Proof of tax payment related to the Clinic
Reference:
Ext.A6
Document Type:
Registration Certificate dated 20-5-2014
Submitted By:
Plaintiff
Relevance:
Certificate obtained from the Food Safety Officer
Reference:
Ext.A7
Document Type:
Registration Certificate dated 19-5-2014
Submitted By:
Plaintiff
Relevance:
Certificate obtained from the Grama Panchayath
Reference:
Ext.A8
Document Type:
Registration Certificate dated 23-6-2014
Submitted By:
Plaintiff
Relevance:
Certificate obtained from the Commercial Taxes Department
Reference:
Ext.A9
Document Type:
Certified copy of plaint in OS 268/2010
Submitted By:
Plaintiff
Relevance:
Record of previous legal action
Reference:
Ext.A10
Document Type:
Certified copy of Written statement in OS 268/2010
Submitted By:
Plaintiff
Relevance:
Record of previous legal action
Reference:
Ext.A11
Document Type:
Certified copy of judgment dated 13-7-2011 in OS 268/2010
Submitted By:
Plaintiff
Relevance:
Decree in previous legal action
Reference:
Ext.A12
Document Type:
Hanusmari Medicine bottle
Submitted By:
Plaintiff
Relevance:
Physical evidence submitted by the Plaintiff
Reference:
Ext.A26
Document Type:
Membership Certificate dated 15-2-2004
Submitted By:
Defendant
Relevance:
Membership evidence
Reference:
Ext.B1
Document Type:
Registration Certificate issued by the Legal Metrology dated 18-2-2010
Submitted By:
Defendant
Relevance:
License obtained by the Defendant
Reference:
Ext.B2
Document Type:
Acknowledgment (Part-II), Department of Industries dt; 10-9-2012
Submitted By:
Defendant
Relevance:
Acknowledgment from the Department of Industries
Reference:
Document Type:
Certificate of RegistrationDepartment of Commercial Taxes, dated 23-11-2009
Submitted By:
Defendant
Relevance:
Certificate related to taxes for the Defendant
Reference:
Ext.B5
Document Type:
License from Thirunnavaya Grama Panchayath
Submitted By:
Defendant
Relevance:
License obtained by the Defendant
Reference:
Ext.B8
Document Type:
Certificate of Provisional Registration (Form GST REG-25)
Submitted By:
Defendant
Relevance:
Certificate related to GST registration
Reference:
Document Type:
Rent Karar dated 20-10-2009
Submitted By:
Defendant
Relevance:
Lease agreement for business premises
Reference:
Ext.B10
Document Type:
Certified copy of Judgment in Criminal Appeal No.59/16 dated 31-1-2018 of the Hon,ble Sessions Judge, Manjeri
Submitted By:
Defendant
Relevance:
Judgment evidence related to criminal appeal
Reference:
Ext.B12