Search Results for "injunction simplicitor"

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Search Results for "injunction simplicitor"

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High Court

Bombay High Court Dismisses Petition by Municipal Council Challenging Trial Court's Order on Court Fees and Issue Deletion in Injunction Suit. Ownership Not Required to Be Proved in Suit for Simplicitor Injunction; Possession Sufficient.

21 Feb 2013

The case involves a writ petition filed by the Chief Officer of Mangalwedha Municipal Council and others against an order of the Civil Judge, Junior D...

High Court

Bombay High Court Dismisses Landlords' Petition Challenging Small Causes Court's Power to Grant Injunction in Landlord-Tenant Dispute. Small Causes Court Has Jurisdiction Under Section 26 of Provincial Small Causes Court Act, 1887 to Grant Temporary Injunction Even When Third Party Claims Tenancy.

19 Dec 2005

The case involves a writ petition filed by the landlords, Subhash s/o Stnarayan Joshi and another, challenging orders of the Small Causes Court and th...

High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Plaint in Real Estate Dispute — RERA Bar Under Section 79 Applies to Civil Suits for Possession and Damages. The court held that a civil suit for possession and damages against a developer is barred by Section 79 of the Real Estate (Regulation and Development) Act, 2016, as the dispute falls within the purview of the Real Estate Regulatory Authority.

20 Dec 2024

The case involves a dispute between M/s H.M. Infra Tech Pvt. Ltd. (formerly a partnership firm) and the H.M. Tamborine Apartments Owners Association a...

High Court

High Court Dismisses Bank's Revision in SARFAESI Act Suit — Civil Court Jurisdiction Not Barred. Suit for Declaration and Injunction Regarding Personal Guarantee Held Maintainable as It Does Not Relate to Enforcement of Security Interest Under Section 34 of SARFAESI Act.

20 Jul 2017

The case involves a civil revision application filed by Allahabad Bank against an order of the Joint Civil Judge, Junior Division, Nagpur, rejecting t...

High Court

Bombay High Court Allows Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court sets aside award for ignoring contractual terms and failing to consider counterclaims.

29 Oct 2015

The judgment concerns two arbitration petitions arising out of the same arbitral award. The petitioners (original respondents) challenged the award un...

High Court

Bombay High Court Partially Allows Appeals Against Arbitrator's Interim Order in Share Dispute — Upholds Injunction but Sets Aside Directions for Affidavit of Assets and Restraint on Alienation. The court held that the arbitrator exceeded jurisdiction by granting relief akin to Order 38 Rule 5 CPC without proper pleadings, but upheld other interim measures under Section 17 of the Arbitration and Conciliation Act, 1996.

17 Jul 2014

The judgment concerns two arbitration petitions arising from a dispute between Tulsi Castings and Machining Limited (and its directors) and India Vent...

High Court

Bombay High Court Upholds Interim Injunction in Passing Off Case — 'Spring Orchid' School Restrained from Using 'Orchid' in Name. The court found that the respondent's service mark 'The Orchid School' had acquired reputation since 2004 and the appellant's adoption of 'Spring Orchid' was deceptively similar, causing likelihood of confusion among students and parents.

17 Oct 2018

The respondent, Pradnya Niketan Education Society, runs 'The Orchid School' in Baner, Pune, established in 2004 and affiliated to CBSE. It registered ...

High Court

Bombay High Court Upholds Tenants' Right to Park in Building Compound as Part of Leasehold Rights — Injunction Granted Against Landlord's Interference. Parking rights held to be incidental to tenancy where rent includes parking charges and tenants have used open space from inception.

2 Sep 2011

The appeal arises from a suit filed by Respondent Nos.1 to 10 (original Plaintiffs) seeking a permanent injunction against the Appellant, United India...

High Court

Bombay High Court Dismisses Suit for Declaration of Trusteeship in Breach Candy Swimming Bath Trust Dispute. Court holds that plaintiffs failed to prove valid appointment as trustees and that the suit was barred by limitation and lacked cause of action.

30 Nov -0001

The plaintiffs, nine individuals, filed a suit in the Bombay High Court seeking a declaration that they are trustees of the Breach Candy Swimming Bath...

High Court

Bombay High Court Dismisses Writ Petition Challenging Injunction in Electricity Act Dispute — LILO Scheme Not a 'Works' Under Section 164. Court holds that LILO scheme does not constitute 'laying of electric lines' under Section 164 of the Electricity Act, 2003, and that the District Judge correctly upheld the injunction against the petitioner.

9 Jan 2019

The petitioner, Century Rayon Limited, challenged an order dated 28 June 2018 passed by the learned District Judge-4, Kalyan, dismissing its Miscellan...

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