Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Allows Decree Holder's Appeal in Execution Proceedings — Transfer of Attached Property Void Under Section 64 CPC. Sale of Property by Judgment Debtor After Attachment Order Cannot Defeat Decree Holder's Right to Execute Decree.

The case arises from a First Appeal filed by Mrs. Meera Unnikrishnan, the decree holder, against the dismissal of her execution application by the Civ...

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High Court of Karnataka Considers Second Appeal Against Decree Granting Declaration and Possession; Operative Part Missing. The appeal challenges the first appellate court's reversal of the trial court's dismissal, but the judgment's conclusion is not provided.

The dispute involves a regular second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellants (original defendants) bef...

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Bombay High Court Dismisses Appeal in Probate Case, Holding Injunction Not Maintainable in Testamentary Proceedings. Executor Must Seek Property Protection Before Civil Court, Not in Probate Petition Under Indian Succession Act, 1925.

The appellant, Ramchandra Ganpatrao Hande, filed a testamentary petition seeking probate of a will allegedly executed by Sushila Vithalrao Hande on 2 ...

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Bombay High Court Grants Leave to Combine Causes of Action for Trademark Infringement and Passing Off Under Clause XIV of Letters Patent. Court Holds That Discovery at Preliminary Stage Is Limited to Documents Relevant to Preliminary Issues Under Section 9A CPC.

The Petitioner, SabMiller India Ltd., filed a suit for perpetual injunction against M.P. Beer Products Pvt. Ltd. for infringement of its registered tr...

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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...