Search Results for "plaintiff's assertion"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "plaintiff's assertion"

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High Court

Bombay High Court Dismisses Appeal in Trademark Dispute Over 'Anna' for South Indian Eateries - Prior User Fails to Establish Infringement Due to Generic Nature of Mark. The court held that the word 'Anna' is generic and cannot be exclusively appropriated, rejecting the claim of trademark infringement and passing off under the Trademarks Act, 1999.

30 Nov 2023

The dispute arose between two eatery owners in Pune over the use of the word 'Anna' in their restaurant names. The Appellant-Plaintiff, Shantapa alias...

Supreme Court

Supreme Court Dismisses Appeals in Specific Performance Case — Buyer's Readiness and Williness Established. Time Held Not of Essence Due to Seller's Conduct in Accepting Delayed Payments and Continuing Negotiations.

21 Nov 2024

The dispute arose from an agreement for sale of immovable property dated 20th January 2005 between the sellers (appellants in CA 3015/2013) and the bu...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds lower courts' decree for partition and separate possession based on evidence of joint family property and plaintiff's share.

4 Mar 2014

The case involves a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, by the defendants (appellants) against the jud...

Supreme Court

Supreme Court Allows Specific Performance Appeal in Land Sale Dispute — Agreement to Sell Valid Despite Non-Registration and Subsequent Alienation. The court held that the appellants paid full consideration, took possession, and were ready and willing; subsequent sale deeds executed in violation of injunction are void.

12 Nov 2024

The dispute pertains to six suits for specific performance of an Agreement to Sell dated 30.08.1990 executed by Sushila Devi in favour of the appellan...

High Court

High Court of Karnataka Dismisses Second Appeal in Declaration and Injunction Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Substantial Question of Law Must Arise for Interference in Second Appeal; Mere Appreciation of Evidence Not Sufficient.

25 Mar 2014

The appellants, who were defendants 3 and 4 in the original suit O.S.No.39/2003, filed a second appeal under Section 100 of the Code of Civil Procedur...

High Court

Bombay High Court Allows Petition in Execution Proceedings - Limited Inquiry Under Order 21 Rule 101 CPC. Executing Court Not Required to Conduct Full-Fledged Trial When Obstruction is Ex Facie Baseless; Summary Rejection Permissible.

22 Apr 2026

The Bombay High Court addressed the scope of inquiry to be conducted by an Executing Court under Order 21 Rule 101 of the Code of Civil Procedure, 190...

High Court

High Court of Karnataka Discusses First Appeal in Specific Performance Dispute, Highlights Need for Factual Adjudication Over Excessive Citations. The court underscores that judgments must contain analysis of pleadings and evidence rather than merely citing precedents, as required under Section 96 CPC and principles from Narada Smriti.

16 Mar 2020

The High Court of Karnataka was seized of a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, arising from the dismissal of ...

High Court

Bombay High Court Dismisses Tenant's Revision Against Eviction Decrees on Grounds of Unauthorized Subletting, Bonafide Requirement, and Default in Rent Payment. Concurrent findings of fact by lower courts on unauthorized subletting, bonafide requirement, and default under the Maharashtra Rent Control Act, 1999 were upheld as no jurisdictional error was found.

11 Oct 2024

The dispute pertains to eviction proceedings initiated by the landlord-respondent against the tenant-petitioners in respect of a shop premises in Kolh...

High Court

High Court of Bombay at Goa Dismisses Second Appeal in Property Dispute, Upholding Concurrent Findings of Fact. The Court held that no substantial question of law arose under Section 100 CPC as the findings of the courts below were based on appreciation of evidence and not perverse.

9 Jul 2026

The case involves a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the legal representatives of the original plaintiff...

High Court

Bombay High Court Allows Appeal in Copyright Royalty Dispute Between Radio Broadcaster and Performance Rights Society. Court holds that interim injunction restraining radio station from broadcasting sound recordings without paying royalties was valid but modifies order to require payment of royalties at rates determined by Copyright Board pending final adjudication.

2 Apr 2013

The dispute arose between Phonographic Performance Ltd. (Plaintiff), a performing rights society registered under the Copyright Act, 1957, and Radio O...

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