Search Results for "Order XLIII CPC"

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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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Karnataka High Court Upholds Interim Injunction in Trademark Infringement Case — 'HOTEL SPECIAL' vs 'SVT HOTEL SPECIAL' for Asafoetida. Deceptive Similarity Established Despite Addition of Prefix 'SVT'.

The appellant/defendant, S.V.T Products, challenged an interim injunction order passed by the XVIII Additional City Civil Judge, Bengaluru, in O.S. No...

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Bombay High Court Dismisses Appeal Against Refusal to Restore Appeal Dismissed for Breach of Undertaking. Undertaking given to court not to create third party rights in suit property is binding and its breach justifies dismissal of appeal.

The appellant, Shivaji Fakira Bhambare, was the defendant in Special Civil Suit No.41 of 2004 filed by the respondent, Dashrath Baburao Naik, seeking ...

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High Court of Karnataka Allows Appeal in Property Dispute Case Due to First Appellate Court's Failure to Consider Evidence Properly. Remand Order Set Aside as Appellate Court Exceeded Its Powers Under Order XLI Rule 23 CPC Without Recording Satisfaction That Decree Was Unsustainable.

The appellant (defendant) challenged the judgment and decree dated 14.08.2012 passed by the Senior Civil Judge, Shorapur, in R.A.No.11/2011, which all...

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High Court of Karnataka Allows Restoration of Suit for Partition Despite Abatement Order — Trial Court Erred in Holding Suit Abated When Legal Representatives Were Already on Record. The Court set aside the rejection of IA No.9 and directed restoration of IA No.7 for fresh consideration.

The petitioner, M/s J.C.Gupta & Sons, a registered firm, was the plaintiff in a civil suit for partition and separate possession of plaint schedule pr...

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Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

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Bombay High Court Allows Appeal in Partition Suit Due to Disputed Consent Terms. Consent Decree Set Aside as Court Failed to Verify Genuineness of Compromise Under Order XXIII Rule 3 CPC.

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court dated 28 September 2012, which made absolute a motion for recordi...