Search Results for "defendant hearing"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "defendant hearing"

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High Court

Bombay High Court Partly Allows Appeal in Trademark Infringement Case — Restrains Defendant from Using Deceptively Similar Mark 'Shubhlaxmi Chiwda Mahalaxmi'. The Court modified the interim injunction to allow the defendant to use 'Shubhlaxmi Chiwda' with a blue background, subject to an undertaking, while restraining the use of 'Mahalaxmi'.

3 Sep 2024

The present Commercial Appeal from Order was filed by the appellant (original defendant) challenging the judgment and order dated 17th February 2023 p...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over Pharmaceutical Marks 'MONTINA' and 'MONTINAL'. Phonetic Similarity Between Registered Mark 'MONTINA' and Defendants' Mark 'MONTINAL' for Medicinal Preparations Constitutes Infringement Under Section 29(2)(b) of the Trade Marks Act, 1999.

24 Dec 2013

The Plaintiff, Aristo Pharmaceuticals Pvt. Ltd., filed a suit for trademark infringement and passing off against the Defendants, who were manufacturin...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

High Court

Bombay High Court Allows Summary Suit for Recovery of Security Deposit in Leave and License Agreement — Defendant's Defense Raises No Triable Issues. Court holds that under Order XXXVII CPC, a defendant must disclose a substantial defense to obtain leave to defend; mere allegations of oral agreements or set-off without evidence do not constitute a triable issue.

20 Sep 2023

The plaintiff, Play Games 24X7 Pvt. Ltd., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant, Loran L...

High Court

Bombay High Court Allows Summary Judgment in Favor of Contractor for Unpaid Construction Work — Unsupported Denial of Liability and Allegations of Poor Workmanship Do Not Raise Triable Issues Under Order 37 CPC. The court held that a defendant must disclose specific facts to obtain leave to defend; mere allegations without evidence are insufficient.

24 Aug 2012

The plaintiff, a sole proprietor of a construction firm, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the de...

High Court

High Court of Bombay Dismisses Injunction Application in Letter of Credit Dispute — Autonomy of Letters of Credit Upheld. The court held that a mere breach of contract does not constitute fraud and does not warrant interference with the bank's obligation to honour a letter of credit under the autonomy principle.

27 Oct 2005

The plaintiffs, Hetero International, a firm engaged in import and export of bulk drugs, placed an indent dated 5 November 2002 with defendant no.1, a...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Binding on Owner as Attorney Exceeded Authority. Court holds that a power of attorney must be strictly construed and the attorney cannot bind the principal beyond the express terms of the power, setting aside the decree for specific performance.

15 Jan 2013

The 1st respondent, R. Krishnamurthy, filed a suit for specific performance of an agreement to sell property No.1236, 3rd Cross, I Block, HAL III Stag...

High Court

Bombay High Court Dismisses Appeals in Property Suit — Upholds Refusal to Strike Out Defence Under Order 8 Rule 10 CPC for Failure to File Written Statement Within 90 Days. The court held that the power to strike out defence is discretionary and not automatic, and that non-disclosure of defence under Order 6A Rule 3 CPC does not justify striking out.

21 Dec 2017

The present appeals arise from a suit filed in 1987 by Behram Nowrosji Gamadia and Jehangir Dhan Mistri (original plaintiffs) against several defendan...

High Court

Karnataka High Court Hears Regular First Appeal Against Trial Court Decree Declaring Plaintiff as Absolute Owner and Ordering Delivery of Possession. Deemed University's Land Acquisition and Possession Dispute Involving Application of Land Acquisition Act, Karnataka Societies Registration Act, 1960, and Section 96 of CPC.

6 Jun 2016

The appeal arose from a suit filed by the National Institute of Mental Health and Neuro Sciences (NIMHANS), a deemed university and society registered...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

10 Jan 2024

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

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