Search Results for "inconsistent pleadings"

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High Court of Bombay Decides on Automatic Reversion of Trademarks and Passing Off Claims

Automatic Reversion of Trademarks – The High Court held that the transfer of trademarks "MANSION HOUSE" and "SAVOY CLUB" from UTO to Tilaknagar was...

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Bombay High Court Dismisses Petitions Challenging Permission to Open New Law College Under Maharashtra Public Universities Act, 2016. State Government's Discretion Under Section 109(3)(d) Upheld as Absolute; Annual Plan Need Not Be Strictly Within Perspective Plan.

The Bombay High Court dismissed two writ petitions challenging a Government Resolution dated 15.06.2023 granting permission to respondent No.4 to open...

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Supreme Court Allows Appeals in Specific Performance Case — Agreement to Sell Void Under Section 61 of Karnataka Land Reforms Act, 1961. Agreement executed during non-alienation period is void ab initio and not enforceable even after the restriction period ends.

The Supreme Court allowed the appeals filed by the defendants (appellants) against the judgment of the Karnataka High Court which had upheld the decre...

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Bombay High Court Allows Second Appeal in Agricultural Tenancy Dispute — Trial Court Erred in Not Framing Tenancy Issue Despite Pleadings. The Agricultural Tenancy Act, 1964 being a welfare legislation, no contract can waive a tenant's rights, and courts must consider its provisions.

The case involves a second appeal before the Bombay High Court at Goa arising from a dispute between the appellants (original defendants) and the resp...

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Bombay High Court Allows Appeal Under Section 37(2)(b) of Arbitration Act Against Arbitrator's Order Rejecting Interim Relief — Holds That Arbitrator Must Consider Prima Facie Case, Balance of Convenience, and Irreparable Loss Before Refusing Interim Injunction.

The appellant, Spice Digital Ltd., filed an appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996, challenging an order dated 16...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Plaintiff Fails to Prove Title and Possession for Injunction and Recovery of Rent. Suit for Permanent Injunction, Possession, and Recovery of Rent Dismissed as Plaintiff Did Not Establish Ownership or Possession Over Suit Property.

The case involves a second appeal filed by the original plaintiff, Ramchandra Vaman alias Gopal Naik Ganto (since deceased, represented by legal repre...