Search Results for "Order XXXIX CPC"

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Search Results for "Order XXXIX CPC"

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High Court

Bombay High Court Allows Wife's Appeal Against Dismissal of Petition and Striking Out of Defence Under Order XXXIX Rule 11 CPC. Non-Compliance with Access Orders Disputed; Video Evidence and Counsellor Report Considered.

9 Dec 2014

The appellant wife filed Family Court Appeal No.20 of 2013 challenging the order dated 8th November 2012 passed by the Family Court at Mumbai. By that...

High Court

Bombay High Court Appoints Court Receiver in Property Dispute Between Family Members Over Sonal Building and Flat No.3A. Court Receiver appointed under Order XL CPC for building and flat, with power to appoint agent for use on payment of compensation.

30 Sep 2005

The present Notice of Motion was taken out by the plaintiff, Rohit Vanmalidas Mehta, in a suit pending before the Bombay High Court. The dispute perta...

High Court

High Court of Karnataka Allows Revision Petition, Restores Suit Dismissed as Withdrawn Without Consent of All Plaintiffs in Representative Suit Under Order I Rule 8 CPC. Suit filed under Order I Rule 8 CPC cannot be withdrawn by some plaintiffs without consent of all and without court permission.

9 Dec 2021

The petitioners, original plaintiffs No.5, 7, and 9, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) chal...

High Court

Full Bench Rules on Scope of Trial Court's Authority Under Section 9-A CPC. Trial Courts Cannot Partially Dispose of Suits in Preliminary Issues on Jurisdiction.

18 Jul 2024

The Full Bench addressed whether a Trial Court, under Section 9-A of the Code of Civil Procedure, 1908 (CPC), can frame an issue that disposes of a su...

High Court

Bombay High Court Dismisses Appeal in Trademark Infringement Case — Plaintiff Fails to Establish Prima Facie Case and Guilty of Iniquitous Conduct. The court upheld the Single Judge's refusal of interim injunction under the Trade Marks Act, 1999 and Copyright Act, 1957, finding suppression of facts and lack of evidence of ownership.

6 Apr 2026

The present Commercial Appeal was filed by Laser Shaving India Pvt Ltd (the original plaintiff) against the order dated 25/06/2025 passed by the learn...

High Court

Bombay High Court Dismisses Civil Revision Application in Trust Membership Dispute — Upholds Trial Court's Refusal to Amend Plaint After Issues Were Framed. Amendment Sought to Add New Grounds of Challenge Against Trust Elections Was Barred by Delay and Would Change the Nature of the Suit Under Order 6 Rule 17 CPC.

26 Jul 2005

The case arises from a civil revision application filed by the original plaintiffs (applicants) against the rejection of their application for amendme...

Supreme Court

Supreme Court of India Held Appellants Guilty of Contempt for Disobedience of Undertaking Regarding Alienation of Suit Property

5 Mar 2025

Disobedience of an injunction order remains punishable even if the underlying suit is later dismissed (Samee Khan v. Bindu Khan). A lawyer’...

Supreme Court

Supreme Court Allows Plaintiff in Commercial Suit for Leave to File Additional Documents Due to Timely Application and Necessity for Just Decision. Court held that plaintiff's application under Order VII Rule 14(3) read with Section 151 of CPC should be permitted as it was filed within 30 days of suit filing under Order XI Rule 1(4) and documents were essential for fair trial in trademark infringement case.

15 Sep 2021

The dispute arose from a commercial suit filed by the plaintiff seeking a permanent injunction against the defendant for trademark infringement relate...

Supreme Court

Supreme Court Dismisses Appeals in Copyright Infringement Case, Upholding High Court's Restoration of Suit for Trial. The Court held that rejection of plaint under Order VII Rule 11 of CPC was premature as factual issues regarding applicability of Section 15(2) of Copyright Act, 1957, required determination on merits regarding whether engineering drawings constituted a 'design' under Designs Act, 2000, and were reproduced more than fifty times by industrial process.

15 Apr 2025

The Supreme Court adjudicated appeals arising from a copyright infringement dispute between Inox India Limited (the respondent) and Cryogas Equipment ...

High Court

High Court of Karnataka Dismisses Partition Appeal for Lack of Evidence of Joint Family Property. Court holds that plaintiffs failed to prove that suit properties were ancestral joint family properties, and the suit was barred by limitation and res judicata.

26 Jul 2024

The appeal arises from a judgment and decree dated 30.01.2018 passed by the Senior Civil Judge, Kolar, in O.S. No. 42/2012, dismissing the suit for pa...

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