Search Results for "Mandatory Injunction"

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Search Results for "Mandatory Injunction"

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High Court

Madras High Court Dismisses Appeals Against Interim Injunction in Trademark Infringement Suit — Acquiescence and Forum Shopping Pleas Rejected. The court upheld the Single Judge's order granting interim injunction restraining the use of the mark 'ORBIT' by the appellants, finding that the registered proprietor had established a prima facie case and balance of convenience.

6 Jan 2026

The present Original Side Appeals (OSAs) were filed against the common order dated 24.02.2025 passed by the learned Single Judge in OA.Nos.1 & 2 of 20...

High Court

Bombay High Court Allows Petition to Quash FIR in Cheque Dishonour Case Due to Non-Compliance with Section 138 of Negotiable Instruments Act, 1881 — Notice Not Served at Correct Address. The court held that proper service of demand notice is mandatory and failure to serve at correct address vitiates proceedings.

18 Sep 2025

The petitioner, Abid Shiraz Merchant, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking quashi...

High Court

Bombay High Court Allows Plaintiff to Abandon Part of Claim in Suit for Salary and Declaration, Holding Right Under Order XXIII Rule 1(1) CPC Is Unfettered Even at Appellate Stage. The court held that the plaintiff's unconditional right to abandon a part of claim under Order XXIII Rule 1(1) CPC cannot be resisted by the defendant, and the District Judge erred in rejecting the application on grounds of prejudice.

18 Mar 2025

The petitioner, Pandurang Rajaram Inamdar, was employed as Senior Vice President – Banking with the respondent, Accelya Solution India Private Ltd. ...

Supreme Court

Supreme Court Refers Kerala's Challenge to Union's Borrowing Ceiling to Constitution Bench — Raises Substantial Questions on Interpretation of Article 293 and Federal Fiscal Powers. The Court declined interim relief pending reference, noting the mandatory nature of the injunction sought.

27 Mar 2024

The State of Kerala instituted an original suit under Article 131 of the Constitution of India against the Union of India, challenging three actions: ...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Interim Injunction in Trademark 'Covishield' Passing Off Dispute. Cutis Biotech failed to establish prima facie case of passing off as the mark 'Covishield' is descriptive and not exclusively associated with the appellant.

20 Apr 2021

The dispute concerns the trademark 'Covishield'. The appellant, Cutis Biotech, a sole proprietorship, filed a suit in the Commercial Court at Pune see...

High Court

Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

9 Sep 2019

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings on Title and Adverse Possession. Court holds that dismissal of restitution application under Section 144(1) CPC does not bar a fresh suit for possession based on independent title.

11 Oct 2018

The case involves a property dispute over a house and land at Survey No. 123, Block No. 276, village Atyal, taluka Gadhinglaj. The respondents (origin...

High Court

High Court of Karnataka Dismisses Petitioner's Writ Petition Challenging Execution Court Order in Permanent Injunction Case — Decree for Bare Injunction Cannot Be Executed After Road Construction Without Mandatory Injunction or Possession Relief.

12 Apr 2016

The petitioner, Kareppa, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging an order dated 23 March 2015 passed ...

High Court

Bombay High Court Allows Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court sets aside award for ignoring contractual terms and failing to consider counterclaims.

29 Oct 2015

The judgment concerns two arbitration petitions arising out of the same arbitral award. The petitioners (original respondents) challenged the award un...

High Court

Bombay High Court Dismisses Appeal by Coal India and Western Coalfields Against Temporary Injunction Restraining Cancellation of Letter of Assurance and Encashment of Bank Guarantee. The court held that the plaintiff had a prima facie case for breach of contract under the New Coal Distribution Policy 2007, and the balance of convenience favoured maintaining the status quo pending suit.

26 Jul 2011

The case arises from a dispute between Coal India Ltd. and Western Coalfields Ltd. (appellants) and Chintamani Agrotech (India) Ltd. (respondent/plain...

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