Search Results for "Striking off Defence"

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Search Results for "Striking off Defence"

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High Court

Bombay High Court Sets Aside Order Striking Off Defence in Easement Suit — Inquiry Required Before Penalty Under Order XXXIX Rule 2A CPC. The court held that striking off defence is a harsh order and can only be passed after an inquiry establishing wilful disobedience of an injunction order.

13 Aug 2024

The appellants, original defendants in a suit for easementary rights, challenged an order of the Civil Judge, Senior Division, Quepem dated 16.9.2020,...

Supreme Court

Supreme Court Upholds High Court's Direction for Payment of Rent During Pendency of Eviction Appeals Under Madhya Pradesh Accommodation Control Act, 1961. The court interpreted Section 13 to allow appellate courts to impose conditions like payment of reasonable rent as a term for stay of eviction, especially when eviction is decreed on grounds other than rent default.

22 Feb 2022

The appeals involved common questions regarding the interpretation of Section 13 of the Madhya Pradesh Accommodation Control Act, 1961, in the context...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Notice of Motion for Contempt in Property Dispute. Consent order allowing repairs and maintenance did not prohibit fixing of tiles on terrace, and society's actions were not in breach of the order.

21 Nov 2019

The petitioner, M/s. Chetan Associates, a partnership firm, filed a suit against the respondent, Abhilasha Co-op. Hsg. Soc. Ltd., seeking injunctive r...

High Court

Bombay High Court Grants Permanent Injunction in Trademark Infringement and Passing Off Suit — Aglowmed Limited v. Aglow Pharmaceuticals Private Limited. Plaintiff's registered trademark 'AGLOWMED' held infringed by defendant's use of 'AGLOW' for pharmaceutical products, and defendant restrained from using deceptively similar name.

30 Jul 2019

The plaintiff, Aglowmed Limited, filed a suit seeking a permanent injunction restraining the defendant, Aglow Pharmaceuticals Private Limited, from us...

High Court

Bombay High Court Allows Second Appeal by Municipal Corporation Against Decree for Recovery of Dues — Striking Off Defence Without Reasonable Opportunity Under Order XI Rule 21 CPC Held Illegal. The Court Set Aside the Decree and Remanded the Matter for Fresh Consideration After Giving the Defendant an Opportunity to Comply with Discovery Orders.

20 Jul 2018

The respondent (original plaintiff) filed a suit for recovery of Rs.1,33,303/- for water supply services rendered to the Akola Municipal Corporation. ...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Between Co-Owners — Appellate Court Exceeded Jurisdiction Under Order 39 Rule 11 CPC. Discretionary Power Under Order 39 Rule 11 CPC Cannot Be Exercised Mechanically Without Showing Prejudice.

20 Mar 2017

The case involves a property dispute between two brothers, Shashikant Yeshwant Pal and Tanaji Yeshwant Pal, and their respective wives, over a house p...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Family Court Order Striking Defence as Res Judicata in Divorce Case. Defence raised in divorce proceedings held barred by principles of res judicata due to prior decree in suit for declaration of marriage registration as null and void under Section 11 CPC.

16 Sep 2014

The petitioner, Sri Vijay N., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 29.10.2013 pas...

High Court

Bombay High Court Grants Interim Injunction in Design Infringement Suit — Whirlpool's Registered Designs for Washing Machine Held Prima Facie Valid and Infringed by Videocon's 'Pebble' Model. The Court found that the Defendant's product was a clear imitation of the Plaintiff's registered designs, and the Plaintiff made out a strong prima facie case for protection.

27 May 2014

The Plaintiff, Whirlpool of India Ltd., a subsidiary of Whirlpool Corporation, filed a suit for design infringement against Videocon Industries Ltd. T...

High Court

Bombay High Court Dismisses Application to Strike Off Defence in Foreign Award Enforcement Proceedings. Security Deposit Condition Not a Bar to Defend Petition on Merits Under Order 39 Rule 11 CPC and Section 49 of Arbitration and Conciliation Act, 1996.

4 Oct 2012

The petitioners, Pacific Basin Handymax (UK) Ltd., filed a Notice of Motion under Order 39 Rule 11 of the Code of Civil Procedure, 1908, seeking to st...

High Court

Bombay High Court Dismisses Application for Withdrawal of Suit by Legal Representatives in Property Dispute — Held That Executors of Deceased Plaintiff's Will Are Necessary Parties and Suit Cannot Be Withdrawn Without Their Consent

30 Nov -0001

The case involves a Notice of Motion filed by H.H. Jyotiraditya Madhavrao Scindia and Smt. Madhavi Raje Madhavrao Scindia, who are legal representativ...

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