file detailed affidavit in suit proceedings that plaintiff has not come to court with clean hands and is not enttiled to any reliefs 

2) 

 is settled law that a person who approaches the Court for grant of relief, equitable or otherwise, is under a solemn obligation to candidly disclose all the material/important facts which have bearing on the adjudication of the issues raised in the case. In other words, he owes a duty to the court to bring out all the facts and refrain from concealing/suppressing any material fact within his knowledge or which he could have known by exercising diligence expected of a person of ordinary prudence. If he is found guilty of concealment of material facts or making an attempt to pollute the pure stream of justice, the court not only has the right but a duty to deny relief to such person.

3) This Court and different High Courts have repeatedly invoked and applied the rule that a person who does not disclose all material facts has no right to be heard on the merits of his grievance – State of Haryana v. Karnal Distillery Co. Ltd. (1977) 2 SCC 431, Vijay Kumar Kathuria v. State of Haryana (1983) 3 SCC 333, Welcome Hotel and others v. State of Andhra Pradesh and others etc. (1983) 4 SCC 575, G. Narayanaswamy Reddy (dead) by LRs. and another v. Government of Karnataka and another (1991) 3 SCC 261, S.P. Chengalvaraya Naidu (dead) by L.Rs. v. Jagannath (dead) by LRs. and others (1994) 1 SCC 1, Agricultural and Processed Food Products v. Oswal Agro Furane and others (1996) 4 SCC 297, Union of India and others v. Muneesh Suneja (2001) 3 SCC 92, Prestige Lights Ltd. v. State Bank of India (2007) 8 SCC 449, Sunil Poddar and others v. Union Bank of India (2008) 2 SCC 326, K.D. Sharma v. Steel Authority of India Ltd. and others (2008) 12 SCC 481, G. Jayshree and others v. Bhagwandas S. Patel and others (2009) 3 SCC 141 and C.A. No. 5239/2002 – Dalip Singh v. State of U.P. and others, decided on 3.12.2009.

Yes. The case filed against you seems to be false and frivolous. There is also a concept of prior time in use of the mark. You can take action against them. What is your stand in the civil suit

Dear Client,

Mere issuing file number dose not confirm registration of trade mark. and at the time when he filed suit,  trademark was not registered and suit is filed on false averments. Fie application for Prosecution for contempt of lawful authority.

Secondly, if he was in prior use of trademark without registration than such objections should be file before trademark registrar when your application for registration was published in the Trademark Journal for calling objection.

Have your TM registered ?

Hi, you can send a legal notice to the opposite party mentioning all the issues. And if the opposite party has filed the case  appear before the court and contrast the case. You can contact for detailed discussion

Regards Akash gupta advocate. 

As par the provision of Trade Marks act, an applicant for registration of trade mark can file an infringement suit provided the mark is registered before the hearing of the suit.

Hope this will be helpful in understanding the issue and it's legal standings.

you can file complaint of perjury if false statements have been made on oath 

Yes.

No. You cannot take the perjury action at this point.

If the case has been admitted, you can be sure to a greater extent that everything is in order. Ideally, he had been using the trademark and had not registered it. But when he saw you infringing his trade mark, then he filed for registration (which is valid). So only way our is if you can prove that you were using it much before he did

What you can do is that, you have to prove that you had been using the trademark before your competitor, and that he has used your trademark and later registered just to file a suit on  you.

Please refer to my answer posted earlier.

An applicant has a legal right to file infringement suit. So no criminal activity arises on part of your competitor unless you have not used the trade marks.

Perjury can be filed only if you have evidences to prove that statement made by one party is false and untrue. Unless you dont have such evidences court would not even entertain your application.

1) Yes you can file perjury case against them and raising false allegations against you.

Yes you can go with Sec.191 and 193 IPC, take immediate steps and also file defamation case claiming at least Rs.50/- Lac as compensation because it has effected your business and for mental agony.

1. See in your case the main issue would be previous use you have to contest the case based on facts that you have been using the trademark  before the plaintiff as the plaintiff may have also claimed for passing off along the infringement of trademark. So main issue to contest would be of prior use.  

Further as far if the plaintiff has wrongly mentioned in the suit that it is registered trademark and on that date it was not registered then perjury can be filed.

You can file a perjury application against the plaintiff as it has stated false on affidavit and that is offence under Indian penal code.

Yes you can take action against them for perjury and false prosecution

1. As per the information mentioned in the presnet query, makes it clear that they have done something which is/ may not appreciated  by the court of law for sure.
2. Yes, you are right that giving false statements would amount to criminal contempt of court.
3. And it is filed in the High Court only being the court of contempt to its subordinate courts and on its own contempt also irrespective of the fact that whether the same case is pending before the lower court or not.
4. But, for filing the criminal contempt petition, you will have to seek the permission/ approval from the criminal standing counsel for the state in the High Court.
5. And it also carries a proper format for giving an application to the standing counsel of NCT (Criminal).

Rest, you are free to contact me through Kaanoon for any further legal assistance on this issue.

Since the case is not maintainable as per your version, first you get the case dismissed by fighting it back tooth and nail.

Once the case is dismissed then you can file a defamation case agaisnt them and seek a hefty compensation for defaming your name and spoiling your reputation in the society.

No criminal case is maintainable even before the pending cases are disposed in your favor by the trial court.