Search Results for "Section 105 CPC"

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Bombay High Court Quashes Lok Adalat Award for Lack of Valid Reference Under Section 20 of Legal Services Authorities Act, 1987. Petitioner's Signature Obtained Without Proper Procedure Renders Award Void.

The petitioner, Madhukar Baburao Shete, a senior citizen with 95% physical disability, challenged an award passed by the Lok Adalat in Regular Civil S...

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High Court of Bombay Considers Chamber Summons for Amendment of Execution Application to Enforce Foreign Award Against Additional Respondents. Award Holder Seeks to Hold Associate Companies and Directors Liable for Alleged Asset Stripping to Defeat Award Recovery.

The matter concerned a Chamber Summons filed by the Award Holder in an Execution Application seeking leave to amend the application to enforce a forei...

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High Court of Karnataka Upholds Injunction Against Defendant in Trademark Infringement Case — 'Cothagiri' Mark Deceptively Similar to 'Cothas'. Court Restrains Defendant from Using Mark 'Cothagiri' for Coffee Products, Finding Prima Facie Case of Passing Off Under Trade Marks Act, 1999.

The case involves a trademark dispute between M/s. Cothas Coffee Co. (plaintiff/respondent) and M/s. Avighna Coffee Pvt. Ltd. (defendant/appellant). T...

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Bombay High Court Allows Appeal Against Refusal of Interim Relief in Arbitration Dispute Over Share Pledge and Corporate Guarantee — Holds That Prima Facie Case and Balance of Convenience Favored Appellant for Injunction Against Enforcement of Personal Guarantees and Share Pledge Pending Arbitration.

The appellant, Palmview Investments Overseas Limited, a company incorporated in the British Virgin Islands, filed an appeal against an order of the Co...

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Supreme Court Quashes FIR for Forgery and Cheating, Restores NI Act Complaint — Civil Suit Pending on Same Receipts Makes Criminal Proceedings Abuse of Process

The Supreme Court allowed the appeals against the judgment of the Gujarat High Court which had declined to quash an FIR for forgery and cheating but h...

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Special Court at Bombay Delivers Judgment in Securities Fraud Case — Accused Face Charges Under IPC and Prevention of Corruption Act for Cheating, Forgery, and Criminal Conspiracy

This criminal case arises from the 1992 securities scam, which severely impacted India's economy. The prosecution alleged that multiple accused person...

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High Court of Karnataka Dismisses Railway's Appeal in Untoward Incident Death Claim — Compensation of Rs.4,00,000 Upheld. Deceased fell from moving train while boarding with valid ticket; Railway failed to prove exception under Section 124A of Railways Act, 1989.

The appeal was filed by the Union of India, represented by the General Manager, South Western Railway, Hubli, against the order dated 29.06.2009 passe...

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Bombay High Court Dismisses Petition Seeking Restoration of Execution Application Due to Abatement — Execution Application Abates on Death of Judgment-Debtor if Legal Representatives Not Brought on Record Within Limitation Under Order 22 Rule 12 CPC.

The petitioners, original defendants in a civil suit, challenged the order dated 04.07.2015 rejecting their MARJI No.527/2012 seeking restoration of R...

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High Court of Karnataka Considers Challenge to Government Order Handing Over Mahabaleshwara Temple to Ramachandrapura Mutt. The Court Examines Validity of Revenue Department's Order Under Bombay Public Trust Act and Constitutional Provisions.

The matter involved a batch of writ petitions and writ appeals filed before the High Court of Karnataka at Bengaluru, including Writ Petition No.30609...

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...