Search Results for "Temporary Injunction"

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High Court of Karnataka Allows Appeal in Property Injunction Case — Trial Court Erred in Dismissing Injunction Applications Without Considering Prima Facie Case and Balance of Convenience. Order 39 Rule 1 and 2 CPC — Court Held That Plaintiff's Possession and Title Must Be Protected Pending Suit.

The appellant, Smt. Jagadishwari, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC) against the o...

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Bombay High Court Dismisses Petition Challenging Appellate Court's Order Granting Temporary Injunction in Tenant Dispute. District Judge's Power to Reappreciate Evidence in Injunction Appeals Upheld Under Order 39 CPC.

The petitioners, Abidbhai and Musabhai, filed a writ petition challenging the judgment and order dated 17th January 2014 passed by the District Judge,...

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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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Bombay High Court Allows Appeal in Property Injunction Case — Suit for Injunction Simpliciter Not Maintainable When Specific Performance Is Available. Section 41(h) of Specific Relief Act, 1963 Bars Injunction Where More Efficacious Relief of Specific Performance Is Not Sought.

The appellant, original defendant no.1, owned a flat. On 6 June 2008, he allegedly agreed to sell it to the respondent no.1 (plaintiff) for Rs.40 lakh...

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Bombay High Court Dismisses Appeal Against Injunction in Trade Mark Infringement Suit. Prior user of trade mark 'City Collection' entitled to interim protection despite pending registration under Trade Marks Act, 1999.

The appeal arose from an order of injunction passed in a Trade Mark Suit filed by the respondents (plaintiffs) temporarily restraining the appellant (...