Search Results for "striking off defence"

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Search Results for "striking off defence"

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High Court

Bombay High Court Grants Injunction in Quia Timet Action for Passing Off Based on Distinctive Bottle Shape of Vodka. Shape of a bottle can be protected as a trademark or get-up if it has acquired distinctiveness and is likely to cause confusion.

2 May 2011

The plaintiff, Gorbatschow Wodka KG, a German company manufacturing Vodka, filed a quia timet action against John Distilleries Limited alleging that t...

High Court

Bombay High Court Strikes Out Defence and Orders Detention for Persistent Breach of Court Orders and Undertaking in Suit Premises Dispute. The court held that wilful disobedience of court orders and breach of undertaking warrants striking out of defence and civil imprisonment under Order XXXIX Rule 2A CPC.

4 Mar 2005

The plaintiff, Feroze Homi Duggan, filed a Notice of Motion in Suit No. 4847 of 1995 seeking to strike off the defence of defendant nos.1 to 5 and 10 ...

High Court

Bombay High Court Strikes Out Defence and Orders Detention for Breach of Undertaking in Suit for Possession and Royalty. Persistent non-compliance with court orders regarding payment of royalty and execution of agency agreement leads to striking out of defence and civil imprisonment.

4 Mar 2005

The plaintiff, Feroze Homi Duggan, filed a suit against Benzer Interiors Pvt. Ltd. and others seeking possession of suit premises and recovery of roya...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Between Co-Owners — Appellate Court Exceeded Jurisdiction Under Order 39 Rule 11 CPC. Discretionary Power Under Order 39 Rule 11 CPC Cannot Be Exercised Mechanically Without Showing Prejudice.

20 Mar 2017

The case involves a property dispute between two brothers, Shashikant Yeshwant Pal and Tanaji Yeshwant Pal, and their respective wives, over a house p...

High Court

Bombay High Court Grants Interim Injunction in Design Infringement Suit — Whirlpool's Registered Designs for Washing Machine Held Prima Facie Valid and Infringed by Videocon's 'Pebble' Model. The Court found that the Defendant's product was a clear imitation of the Plaintiff's registered designs, and the Plaintiff made out a strong prima facie case for protection.

27 May 2014

The Plaintiff, Whirlpool of India Ltd., a subsidiary of Whirlpool Corporation, filed a suit for design infringement against Videocon Industries Ltd. T...

High Court

Bombay High Court Dismisses Application for Withdrawal of Suit by Legal Representatives in Property Dispute — Held That Executors of Deceased Plaintiff's Will Are Necessary Parties and Suit Cannot Be Withdrawn Without Their Consent

30 Nov -0001

The case involves a Notice of Motion filed by H.H. Jyotiraditya Madhavrao Scindia and Smt. Madhavi Raje Madhavrao Scindia, who are legal representativ...

Supreme Court

Supreme Court Upholds High Court's Direction for Payment of Rent During Pendency of Eviction Appeals Under Madhya Pradesh Accommodation Control Act, 1961. The court interpreted Section 13 to allow appellate courts to impose conditions like payment of reasonable rent as a term for stay of eviction, especially when eviction is decreed on grounds other than rent default.

22 Feb 2022

The appeals involved common questions regarding the interpretation of Section 13 of the Madhya Pradesh Accommodation Control Act, 1961, in the context...

High Court

Bombay High Court Grants Permanent Injunction in Trademark Infringement and Passing Off Suit — Aglowmed Limited v. Aglow Pharmaceuticals Private Limited. Plaintiff's registered trademark 'AGLOWMED' held infringed by defendant's use of 'AGLOW' for pharmaceutical products, and defendant restrained from using deceptively similar name.

30 Jul 2019

The plaintiff, Aglowmed Limited, filed a suit seeking a permanent injunction restraining the defendant, Aglow Pharmaceuticals Private Limited, from us...

High Court

Bombay High Court Dismisses Application to Strike Off Defence in Foreign Award Enforcement Proceedings. Security Deposit Condition Not a Bar to Defend Petition on Merits Under Order 39 Rule 11 CPC and Section 49 of Arbitration and Conciliation Act, 1996.

4 Oct 2012

The petitioners, Pacific Basin Handymax (UK) Ltd., filed a Notice of Motion under Order 39 Rule 11 of the Code of Civil Procedure, 1908, seeking to st...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Notice of Motion for Contempt in Property Dispute. Consent order allowing repairs and maintenance did not prohibit fixing of tiles on terrace, and society's actions were not in breach of the order.

21 Nov 2019

The petitioner, M/s. Chetan Associates, a partnership firm, filed a suit against the respondent, Abhilasha Co-op. Hsg. Soc. Ltd., seeking injunctive r...

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