Search Results for "temporary injunction"

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Search Results for "temporary injunction"

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High Court

High Court of Karnataka Allows Appeal Against Rejection of Temporary Injunction in Regular Appeal — Section 104(2) CPC Does Not Bar Appeal Under Order 43 Rule 1(r) CPC Against Order Under Order 39 Rules 1 & 2 CPC Passed in a Regular Appeal.

2 Feb 2016

The appellant, Sri Madhava Prabhu, filed Regular Appeal No.43/2015 before the Court of the Principal Senior Civil Judge, Udupi. In that appeal, he fil...

High Court

Bombay High Court Allows Appeal in Trade Mark Infringement Case — Continuous Prior Use Not Established by Respondent. Section 34 of Trade Marks Act, 1999 requires continuous use from a date prior to registration; gap in evidence of use after 2013 defeats claim of prior user.

29 Aug 2024

The appellant, Leben Life Science Private Limited, filed a suit for permanent injunction against the respondent, Jarun Pharmaceuticals Private Limited...

High Court

Bombay High Court Allows Revision Against Injunction Order in Property Dispute — Defendant's Possession Not Proved, But Balance of Convenience Favors Status Quo. The court held that the plaintiff failed to establish a prima facie case for temporary injunction under Order 39 Rules 1 and 2 CPC, as the defendant was in possession and had constructed a structure, and the plaintiff did not produce documentary evidence of title or possession.

13 Oct 2010

The case involves a civil revision application filed by the defendant, Pandurang Sakharam Patil, challenging the judgment and order dated 3rd December...

High Court

High Court of Karnataka Allows Appeals in Succession Dispute Over Joint Family Property — Restrains Alienation of Agricultural Land Pending Suit. The court held that plaintiffs, as Class I heirs, had a prima facie case for partition and injunction under Order 39 Rules 1 and 2 CPC.

15 Sep 2015

The case involves a family dispute over agricultural land and other properties left by the deceased B.M. Raghothama Rao. The plaintiffs, comprising hi...

High Court

High Court of Karnataka Quashes Temporary Injunction Restraining Gram Panchayat President in Election Dispute — Rule 14 of Karnataka Panchayath Raj (Election of Adhyaksha and Upadhyaksha of Gram Panchayath) Rules, 1995 Bars Civil Court from Granting Injunction in Election Matters.

3 Sep 2015

The petitioner, Sri Malappa, was elected as President of Vatadahosahalli Gram Panchayat following elections held on 2 June 2015 under the Karnataka Pa...

High Court

High Court of Karnataka Dismisses Appeal Against Temporary Injunction in Copyright Infringement Dispute — Restrains Use of Test Results of 'Kaleido' for 'MyPedia'. The court upheld the trial court's order granting injunction based on prima facie case, balance of convenience, and irreparable injury under Order 39 Rules 1 and 2 CPC.

16 Dec 2015

The appellant, M/s Pearson India Education Service Pvt. Ltd., challenged the order dated 29.07.2015 passed by the XVIII Additional City Civil & Sessio...

High Court

Bombay High Court Allows Appeal in Property Injunction Case — Appellants Entitled to Temporary Injunction Against Respondents. Court holds that a co-owner in exclusive possession of joint property cannot be dispossessed except by due process of law, and that the trial court erred in refusing injunction based on disputed title.

5 Jul 2010

The appellants, Smt. Laxmibai Ramkrishna Pate and Shri Deepak Ramkrishna Pate, filed an appeal against an order of the learned Civil Judge, Senior Div...

High Court

Bombay High Court Dismisses Writ Petition Seeking Closure of Pulp and Paper Mill for Alleged Pollution, Directs Petitioners to Approach Civil Court. Disputed questions of fact regarding seepage of effluents into agricultural lands cannot be adjudicated in writ jurisdiction under Article 226 of the Constitution of India.

2 Mar 2010

The petitioners, Ghansham Ganpat Dupare, Murari Mukunda Raut, and Shankarrao Govind Johri, are agriculturists holding lands in Old Wadsa, Taluka Wadsa...

High Court

Bombay High Court Allows Writ Petition Challenging Appellate Court's Reversal of Temporary Injunction in Property Suit — Appellate Court Exceeded Jurisdiction by Reappreciating Evidence Without Finding Error in Trial Court's Discretion.

4 Jan 2010

The petitioner, original plaintiff, filed a suit for injunction against the respondents (defendants) in respect of a suit property. The Trial Court gr...

High Court

Bombay High Court Dismisses Revision Against Injunction in Land Dispute Over 33-Foot Shiv (Boundary) — Plaintiff's Possession and Ownership Upheld Based on Title Documents and Commissioner's Report.

13 Jan 2010

The plaintiff, Murlidhar s/o Ramnivas Kabra, filed Regular Civil Suit No. 65 of 1995 before the Joint Civil Judge, Junior Division, Pathri, District P...

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