Search Results for "Order XXXIX CPC"

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Search Results for "Order XXXIX CPC"

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High Court

Bombay High Court Dismisses Appeal Against Order in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial court's refusal to grant specific performance of agreement to sell as plaintiffs failed to prove readiness and willingness to perform their part of contract under Section 16(c) of Specific Relief Act, 1963.

22 Oct 2019

The dispute pertains to a suit for specific performance of an agreement to sell dated 18-04-2005 concerning agricultural land bearing Khasara No.40, P...

Supreme Court

Supreme Court Allows Appeal in Wakf Succession Dispute — Senior-Most Male Descendant Entitled to Chief Mutawalli Office Under Trust Deed. The Court restored the Single Judge's interim order directing handover of domain passwords and ERP control, holding that the Division Bench erred in reversing it without proper consideration of the deed's terms.

1 Mar 2019

The dispute in these appeals arises from a succession conflict over the office of Chief Mutawalli of Hamdard Laboratories (India), a wakf entity. The ...

High Court

Karnataka High Court Allows Writ Petition Challenging Trial Court Order Refusing to Implead Trust Members in Suit for Declaration and Injunction — Held That Necessary Parties Must Be Joined Under Order 1 Rule 10 CPC to Avoid Multiplicity of Proceedings.

30 Sep 2022

The petitioners, who are trustees and office bearers of Shree Beereswara (Channakeshwara) Swamy Seva Trust, filed a writ petition challenging the orde...

High Court

Bombay High Court Dismisses Defendants' Notice of Motion to Set Aside Injunction in Trademark Infringement Suit. Court holds that Order XXXIX Rule 4 CPC cannot be used as a review mechanism and that the word 'NATURAL' is descriptive but may acquire distinctiveness through secondary meaning.

27 Jun 2011

The plaintiffs, Siddhant Ice Creams Pvt. Ltd. and two others, filed a suit for trademark infringement, passing off, and copyright infringement against...

High Court

High Court of Karnataka Dismisses Writ Petition Seeking Injunction Against Media Publication of Personal Photographs — Right to Privacy vs. Freedom of Press. Petitioner failed to establish that the photographs were private or that publication caused irreparable harm, and the court declined to restrain media from publishing matters of public interest.

11 Apr 2023

The petitioner, Smt. Roopa D., an IAS officer, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka...

Supreme Court

Supreme Court Quashes Division Bench Order in Trade Mark Infringement Suit Due to Non-maintainable Intra-court Appeal. The Single Judge's Order Granting Time to File Affidavit-in-Opposition Was Not a 'Judgment' Under Clause 15 of Letters Patent, Making the Appeal Inadmissible.

14 Mar 2022

The dispute arose from a civil suit filed by the respondent-plaintiff against the appellant-defendants for infringement of the registered trade mark '...

High Court

Bombay High Court Allows Revision Against Rejection of Plaint Rejection Application in Suit for Declaration and Possession — Limitation and Cause of Action Must Be Examined at Threshold Under Order VII Rule 11 CPC

27 Oct 2014

The respondents (original plaintiffs) filed Special Civil Suit No. 691 of 1993 in 2013 seeking a declaration that a sale deed dated 13th December 1978...

Supreme Court

Supreme Court Sets Aside Civil Imprisonment for Contempt of Injunction in Trademark Passing Off Suit — Mere Disobedience Not Enough, Willful Disobedience Must Be Proved. The Court held that under Order XXXIX Rule 2A CPC, contempt requires willful disobedience, and the appellant's explanation for non-removal of a hoarding was acceptable, thus no willful disobedience was established.

22 Jul 2019

The appeal arose from a suit for permanent injunction filed by Mambally's Bakery against U.C. Surendranath, alleging passing off by using the trademar...

High Court

High Court of Karnataka Allows Appeal in Property Injunction Case — Rejects Trial Court's Finding of No Prima Facie Case. Court holds that the trial court erred in rejecting an application for temporary injunction under Order 39 Rules 1 and 2 CPC by misreading the plaint and ignoring the plaintiff's possession and title documents.

12 Jan 2024

The appellant, Nasir Khan, filed a miscellaneous first appeal under Section 104 read with Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC...

High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction Against DRT Proceedings in Receivables Assignment Dispute. Court holds that civil suit for cancellation of indemnity and hypothecation deeds cannot restrain recovery proceedings before DRT under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

21 Feb 2014

The Plaintiff, Rentworks India Pvt. Ltd., provided equipment on lease to Subhiksha Trading Services Pvt. Ltd. under a Master Rental Agreement (MRA). D...

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