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Search Results for "temporary injunction"

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High Court

Bombay High Court Dismisses Appeal in Property Suit — Upholds Trial Court's Refusal of Temporary Injunction for Lack of Prima Facie Case and Balance of Convenience. The court held that the appellants failed to establish a prima facie case for injunction under Order 39 Rules 1 and 2 CPC as the property was in the name of the respondent and no joint ownership was proved.

30 Nov -0001

The appellants, Smt. Vishankumari Udaysingh Varma and Smt. Manju Udaysingh Varma, filed First Appeal No.627 of 2016 in the Bombay High Court against t...

High Court

High Court of Bombay at Goa Dismisses Appeal Against Rejection of Temporary Injunction in Property Dispute — Plaintiffs Failed to Establish Prima Facie Case and Balance of Convenience. The court held that the plaintiffs, who claimed ownership of a property based on a will, did not prove possession or title, and the balance of convenience favored the defendants who were in possession.

23 Mar 2016

The present appeal is preferred by the original plaintiffs against the order dated 20/10/2012 passed by the Civil Judge, Senior Division, A Court, Mar...

High Court

Bombay High Court Grants Temporary Injunction in Trademark Infringement and Passing Off Suit — 'LIVE IN' Mark Found Deceptively Similar to 'LIVE-IN'. Phonetic and visual similarity between marks leads to injunction under Section 29(2)(b) of the Trade Marks Act, 1999.

2 Mar 2016

The Plaintiff, Federal Brands Ltd., filed a trademark infringement and passing off suit against Levi Strauss India Pvt. Ltd. seeking a temporary injun...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Possession Dispute. Court Held That Findings of Fact by Trial Court on Prima Facie Case and Possession Cannot Be Interfered With Under Article 227 of the Constitution.

30 Mar 2016

The petitioners, Shivaram Narayan Gatkul and others, filed a writ petition under Article 227 of the Constitution of India before the Bombay High Court...

High Court

Bombay High Court Upholds Temporary Injunction in Trade Mark Infringement Suit — 'JAL DROP' Found Deceptively Similar to Registered Mark 'JEEVAN DROP'. The court affirmed that phonetic and conceptual similarity between marks for identical goods (Sodium Hypochlorite Solution) constitutes infringement under the Trade Marks Act, 1999.

8 Feb 2016

The respondent, Mauli Chemicals Industries, a registered partnership firm manufacturing Sodium Hypochlorite Solution used as a drinking water disinfec...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Lease Dispute — Plaintiff Failed to Establish Prima Facie Case of Possession After Lease Expiry. The court held that the plaintiff did not make out a prima facie case for grant of temporary injunction under Order 39 Rules 1 and 2 CPC read with Section 37 of the Specific Relief Act, 1963, as the lease had expired and the plaintiff's possession was not proved.

7 Jan 2016

The petitioner, M/s. Meher Farms Pvt. Ltd., filed a writ petition challenging the order of the Adhoc District Judge-1 (FTC) North Goa, Panaji, dated 1...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Lease Dispute — Plaintiff Failed to Establish Prima Facie Case for Injunction as Lease Expired and Possession Was Not Proven.

7 Jan 2016

The petitioner, M/s. Meher Farms Pvt. Ltd., filed a writ petition challenging an order of the Adhoc District Judge-1 (FTC) North Goa, Panaji, dated 14...

High Court

Bombay High Court Upholds Injunction in Specific Performance Suit Based on Possessory Evidence. Lower Appellate Court's Reversal of Trial Court's Finding on Possession Upheld as a Possible View.

26 Oct 2015

The dispute arose out of Special Civil Suit No. 24 of 2014 filed by the respondent (plaintiff) against the petitioners (defendants) for specific perfo...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Civil Judge's Order Refusing Temporary Injunction in Suit for Declaration and Injunction — Petitioner Failed to Establish Prima Facie Case for Injunction Under Order 39 Rules 1 and 2 CPC.

21 Aug 2015

The petitioner, Shri Jacinto Da Silva, filed a civil suit before the Civil Judge, Senior Division, Margao, seeking a declaration of title and permanen...

High Court

Bombay High Court Allows Appeal Against Refusal of Temporary Injunction in Suit for Specific Performance — Restrains Defendant from Creating Third Party Interest Pending Suit. Part Payment of Rs.10 Lacs Out of Rs.19 Lacs Consideration Under Agreement to Sell Warrants Protection of Property from Alienation Under Order XXXIX Rules 1 and 2 CPC.

1 Jul 2015

The appellant (plaintiff) filed Special Civil Suit No.10 of 2014 seeking specific performance of an agreement to sell a property for a consideration o...

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