Search Results for "Temporary injunction"

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Bombay High Court Allows Petition in Injunction Dispute Over Land Access. High Court sets aside lower courts' orders rejecting temporary injunction, finding that the Plaintiff had established a prima facie case and balance of convenience for restraining Defendants from interfering with its right of way.

The Petitioner, Mondelez India Foods Private Limited (formerly Cadbury India Company Ltd), filed a writ petition under Article 227 of the Constitution...

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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.

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

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Protecting the Rights of the Appellant: Court Rules Against Bonafide Purchasers in the Doctrine of Lis Pendens Case. Rejection of Defence and Upholding of Decree in a Property Dispute

The proceedings and judgment of an appeal filed before a court, challenging a judgment and order passed by the Punjab and Haryana High Court on 03.10....

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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.

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

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High Court of Karnataka Allows Defendants in Copyright Infringement Suit, Quashes Ex Parte Injunction for Non-Compliance with Order XXXIX Rule 3 CPC. Trial Court Failed to Record Reasons or Issue Notice Before Granting Ex Parte Injunction, Violating Mandatory Provisions of CPC.

The petitioners, Paramvah Studios Pvt. Ltd. and its Managing Director Rakshit Shetty, were defendants in a suit filed by Lahari Recording Company (res...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Appellate Order Granting Temporary Injunction in Property Dispute. Appellate Court's interference with trial court's discretionary order upheld where trial court failed to consider relevant material and prima facie case was established.

The petitioners, Mrs. Jennifer Mascarenhas and Mr. Januario Mascarenhas, filed a writ petition in the High Court of Bombay at Goa challenging an order...

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Bombay High Court Allows Appeal in Property Injunction Case — Suit for Injunction Simpliciter Not Maintainable When Specific Performance Is Available. Section 41(h) of Specific Relief Act, 1963 Bars Injunction Where More Efficacious Relief of Specific Performance Is Not Sought.

The appellant, original defendant no.1, owned a flat. On 6 June 2008, he allegedly agreed to sell it to the respondent no.1 (plaintiff) for Rs.40 lakh...