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Found 1963 result(s)

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Supreme Court Allows Appeal, Rejects Plaint in Gift Deed Challenge Due to Limitation Bar. Registered Gift Deed Executed in 1981 Challenged After 22 Years; Suit Held Barred by Article 59 of Limitation Act, 1963.

The Supreme Court allowed the appeal filed by the original defendant, Raghwendra Sharan Singh, against the judgment of the Patna High Court which had ...

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Bombay High Court Dismisses Plaint in Copyright Infringement Suit for Lack of Cause of Action and Abuse of Process. Plaintiff failed to identify any protectable work or substantial similarity with defendant's film, leading to dismissal with costs.

The plaintiff, Akashaditya Harishchandra Lama, filed a suit for copyright infringement seeking an interim injunction to restrain the release of the fi...

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Bombay High Court Dismisses Patent Infringement Suits as Patents Were Revoked Prior to Filing. Summary Judgment Granted Under Order XIII-A CPC as Plaintiff Had No Locus Standi to Sue for Infringement of Revoked Patents.

The plaintiff, Bharat Bhogilal Patel, filed two suits for infringement of two patents granted in 2003. The defendants, TVS Electronics Ltd. and Kalelk...

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Bombay High Court Allows Appeal in Property Suit, Sets Aside Order Rejecting Plaint for Non-Prosecution. Court holds that dismissal of suit for default under Order IX Rule 8 CPC is not permissible when the plaintiff's counsel is absent but the defendant is present and ready to proceed.

The appellant, Prabhudayal Pande, filed a First Appeal against an order dated 14.8.2014 passed by the 8th Joint Civil Judge (Sr.Dn.), Nagpur, in Speci...

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Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002.

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operativ...

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Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Suit for Injunction Regarding Performance of Pooja — Civil Court Has Jurisdiction to Try Suit Relating to Private Civil Rights of Shebait Despite Trust Act Provisions.

The petitioner, original defendant No.1 (Shri Datta Deosthan Trust), filed a Civil Revision Application under Section 115 CPC challenging the order da...

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High Court of Karnataka Dismisses Revision Petitions Against Rejection of Plaint in Arbitration-Related Suits. Court holds that bar under Section 5 of the Arbitration Act does not apply to suits challenging arbitral awards on grounds of fraud and jurisdictional error.

The case involves two civil revision petitions filed by M/s. Associated Constructions, a partnership firm, against the Executive Engineer of the Karna...

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Bombay High Court Allows Appeal Against Ad-Interim Injunction on Ground of Want of Pecuniary Jurisdiction — Suit Valuation Dispute Under Section 6 of the Bombay Court Fees Act, 1959

The case involves an appeal filed by Zuberahmed Maqbool Ansari (original Defendant No.2) against an ad-interim order dated 24.09.2020 passed by a lear...