Search Results for "Section 110(2)"

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Bombay High Court Grants Permanent Injunction in Trademark Infringement and Passing Off Suit. Defendant's marks 'Ultraplus Cement', 'Ultra HiTouch', and 'UltraPower' held deceptively similar to registered 'UltraTech' marks under Section 29 of the Trade Marks Act, 1999.

The plaintiffs, UltraTech Cement Limited and another, filed a commercial IP suit seeking a permanent injunction to restrain the defendant, M/s. Shiv C...

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Gujarat High Court Allows Appeal in Motor Accident Claim Case — Sets Aside Dismissal of Claim Petition for Non-Prosecution. Tribunal Erred in Dismissing Claim Without Considering Merits Despite Claimant's Absence Due to Injuries.

The appellant, Rameshbhai Gordhanbhai Dhaduk, was the original claimant in a motor accident claim petition (M.A.C.P. No. 1102 of 2008) before the Moto...

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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Trial and First Appellate Court Upheld. Agreement of Sale Proved by Plaintiff, Defendants Failed to Discharge Burden of Proof Under Section 16(c) of Specific Relief Act, 1963.

The appellants (defendants) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent judgments...

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Bombay High Court Allows Summary Suit for Cheque Dishonour, Grants Conditional Leave to Defend. Court holds that in a summary suit under Order XXXVII CPC, the defendant must show a triable issue or substantial defence to obtain unconditional leave to defend.

The Plaintiff, Tiscon Realty Private Limited, filed a Commercial Summary Suit (No. 34 of 2021) against the Defendants, C. G. Edifice (a partnership fi...

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Bombay High Court Allows Criminal Writ Petition After Settlement Between Parties in Cheque Dishonour Case. Dispute resolved amicably, court quashes proceedings under Section 138 of Negotiable Instruments Act, 1881 based on consent terms and affidavit of no grievance.

The petitioner, Lalita Kamal Vyas, filed a Criminal Writ Petition before the Bombay High Court challenging an order dated 6th September 2017 passed by...

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Karnataka High Court Dismisses Second Appeal in Partition Suit Involving Tenancy Rights of Joint Hindu Family. Tenancy rights in suit property held not to be joint family property and not liable for partition.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the defendant-appellant against the judgment and de...

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Karnataka High Court Dismisses Appeal in Partition Suit Involving Tenancy Rights of Joint Hindu Family. Court Holds That Tenancy Rights Are Not Joint Family Property and Cannot Be Partitioned Under Hindu Law.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the defendant against the judgment and decree of th...

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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...