Search Results for "Order XLIII CPC"

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Search Results for "Order XLIII CPC"

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High Court

High Court Dismisses Writ Petition Under Article 227 Challenging Refusal of Ex-Parte Injunction in Civil Suit, Citing Availability of Appeal Under CPC. Petitioner's Challenge to Trial Court Order Fails Due to Alternative Statutory Remedy

22 Jan 2026

The petitioner filed a writ petition under Article 227 of the Constitution of India challenging an order dated 01.07.2022 by the Trial Court that refu...

High Court

High Court of Karnataka Allows Appeal in Commercial Suit for Attachment Before Judgment — Order XXXVIII Rule 5 CPC Requires Strong Prima Facie Case and Risk of Dissipation of Assets. Plaintiff's Application for Attachment Before Judgment Was Wrongly Rejected by Trial Court Despite Evidence of Debt and Asset Disposal.

19 Aug 2024

The appellant/plaintiff, M/s SGK Agencies Private Limited, filed a commercial suit (Com.OS No.237/2023) against the respondents/defendants, M/s Bremel...

Supreme Court

Supreme Court Allows Appeal in Suit for Declaration and Cancellation of Gift Deed and Sale Deed — Order VII Rule 11 CPC Application Rejected as Plaint Discloses Cause of Action. The Court held that the plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the defence may be strong.

1 Jan 2023

The appeal arises from a suit filed by the respondent (plaintiff) before the Delhi High Court seeking declaration and cancellation of a gift deed date...

Supreme Court

Supreme Court Upholds High Court's Decision on Impleadment in Admiralty Suit - Commercial Appellate Division's Order Setting Aside Addition of Gulf Petroleum FZC as Defendant Maintained. Maritime Claim for Mis-delivery of Cargo Under Section 4(1)(f) of Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 Alleged by Bank as Bill of Lading Holder.

23 Sep 2022

The dispute arose from an Admiralty Suit filed by Banque Cantonale de Geneve (Respondent Bank) against the owners of the vessel M.V. Polaris Galaxy (A...

High Court

Bombay High Court Dismisses Appeal Against Grant of Liberty to Withdraw Suit Under Order 23 Rule 1(3) CPC — Appeal Not Maintainable Under Section 13 of Commercial Courts Act, 2015. The order granting leave to withdraw with liberty to file fresh suit is not a 'judgment' under Section 13 of the Commercial Courts Act, 2015, and hence no appeal lies.

11 Mar 2022

The Appellant, Resilient Innovations Private Limited, filed an appeal under Section 13 of the Commercial Courts Act, 2015, challenging an order of the...

High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Application Under Order XXXIX Rule 2A CPC for Alleged Violation of Injunction Order. Court holds that mere filing of a suit for permanent injunction does not automatically establish willful disobedience of an interim order without proof of specific notice and deliberate defiance.

23 Feb 2021

The appellants, who were plaintiffs in a suit for permanent injunction, filed an application under Order XXXIX Rule 2A CPC alleging that the responden...

High Court

Bombay High Court Considers Maintainability of Commercial Appeals Against Interim Orders in Trademark Infringement Suits. Preliminary Objection Raised That Orders Impugned Do Not Fall Within Appealable Categories Under Section 13(1A) of Commercial Courts Act, 2015 as Amended.

17 Oct 2018

These two commercial appeals were filed by the original defendants in intellectual property suits pending before the Bombay High Court. The suits, ins...

High Court

High Court of Bombay at Goa Allows Appeal Against Remand Order in Property Dispute — Deed of Settlement Interpretation. First Appellate Court Exceeded Jurisdiction Under Order XLI Rule 27 CPC by Allowing Additional Evidence Without Proper Grounds.

11 Jun 2018

The appellant, Shrikrishna Vasudev Patil, filed an appeal against the judgment and decree dated 27/12/2010 passed by the District Judge-2, North Goa, ...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Trade Mark Infringement Suit. Prior user of trade mark 'City Collection' entitled to interim protection despite pending registration under Trade Marks Act, 1999.

28 Feb 2017

The appeal arose from an order of injunction passed in a Trade Mark Suit filed by the respondents (plaintiffs) temporarily restraining the appellant (...

High Court

Bombay High Court Dismisses Civil Revision Application in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 115 CPC. Court held that revisional jurisdiction is limited to jurisdictional errors and cannot be used to re-appreciate evidence or correct erroneous findings of fact.

30 Nov -0001

The case involves a civil revision application filed by Madhav Sheshadri Kulkarni against the dismissal of his suit for declaration and injunction. Th...

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