Search Results for "Mandatory Injunction"

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Madras High Court Allows Revision, Restores Temporary Mandatory Injunction for Cart Track Access in Property Dispute. Appellate Court Exceeded Jurisdiction Under Order 43 Rule 1(r) CPC by Re-appreciating Evidence on Merits Instead of Confining to Jurisdictional Errors.

The petitioners (plaintiffs) filed a civil suit seeking a permanent injunction and a temporary mandatory injunction to restore a cart track that alleg...

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High Court of Karnataka Dismisses Second Appeal in Property Title Dispute Involving Multiple Previous Suits. Court Examines Maintainability Under Order 2 Rule 2 CPC and Relief Requirements Under Section 34 of Specific Relief Act, 1963 Regarding Declaration Without Consequential Possession.

The dispute originated from a property suit O.S.No.156/2010 filed by seven plaintiffs seeking declaration of title and permanent injunction regarding ...

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Bombay High Court Continues Ex-Parte Injunction in Copyright and Trademark Infringement Suit Over ATYATI Device Mark. The Court found no suppression by the Plaintiff and held that the Defendants' adoption of a deceptively similar logo without explanation warranted continuation of the injunction.

The present suit was filed by the Plaintiff, a company engaged in IT solutions, alleging infringement of its copyright in the ATYATI device mark, infr...

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Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute Regarding Suit for Permanent Injunction. Civil Court Jurisdiction for Injunction Suits Involving Waqf Property is Not Barred Under Section 85 of Waqf Act, 1995 When Dispute Does Not Involve Questions About Nature of Property.

The dispute originated from a suit filed by the plaintiff (first respondent) against the defendant (appellant) and others for mandatory and permanent ...

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Bombay High Court Dismisses Society's Petition Challenging Mandatory Injunction in Favour of Flat Purchasers. Co-operative Housing Society Cannot Deny Membership to Purchasers from Developer Without Following Bye-Laws and Natural Justice.

The petitioner, Royal Manor Co-operative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging an ord...

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Bombay High Court Allows Appeal in Lease Dispute Over Temporary Injunction — Prima Facie Case and Irreparable Injury Established. Lease Deed from 1974 Not Terminated, Appellant's Possession and Business Operations Protected.

The appellant, Shri Rajaram M. Caisukar, filed an appeal against an order dated 24/11/2015 passed by the learned Adhoc District Judge, Panaji, dismiss...

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High Court of Karnataka Allows Defendants in Copyright Infringement Suit, Quashes Ex Parte Injunction for Non-Compliance with Order XXXIX Rule 3 CPC. Trial Court Failed to Record Reasons or Issue Notice Before Granting Ex Parte Injunction, Violating Mandatory Provisions of CPC.

The petitioners, Paramvah Studios Pvt. Ltd. and its Managing Director Rakshit Shetty, were defendants in a suit filed by Lahari Recording Company (res...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court's Decree for Mandatory Injunction. Court holds that the First Appellate Court's finding on possession was perverse and that the suit for mandatory injunction was not barred by laches.

The case involves a second appeal filed by the legal heirs of the original plaintiff, Shri Gurudas Yeshwant Pednekar, against the judgment of the Firs...

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Bombay High Court Allows Second Appeal in Property Dispute Over Restoration of Possession Without Specific Prayer. Court Holds That a Suit for Mandatory Injunction Cannot Be Construed as a Prayer for Restoration of Possession Under Specific Relief Act, 1963.

The case involves a second appeal arising from a property dispute. The respondents (original plaintiffs) filed Regular Civil Suit No.521/1986 before t...