Search Results for "defendant's right"

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Search Results for "defendant's right"

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High Court

High Court of Karnataka at Bengaluru Hears Regular First Appeal Challenging Decree Holding Sale Deeds Void Under Section 52 of Transfer of Property Act in Pending Partition Suit. Appeal contests application of lis pendens doctrine to nullify purchases made during pendency of suit, with court's analysis focusing on extent of co-heir rights in Mohammedan law.

31 Jan 2015

The case arose from a partition suit filed by two Muslim women, Smt. Jameela Begum and Smt. Iqbal Begum, seeking their shares in the properties left b...

High Court

Bombay High Court Dismisses Writ Petition Challenging Executing Court's Refusal to Reopen Partition Decree Based on Will. Executing Court Cannot Go Behind a Final Decree to Redetermine Shares on Basis of Alleged Will Produced After Decree Became Absolute.

1 Jul 2024

The Bombay High Court dismissed a Writ Petition challenging the order of the Executing Court rejecting an application for framing of issues and modifi...

High Court

High Court of Karnataka Allows Civil Revision Petition in Suit Dismissal Dispute — Rejects Trial Court's Refusal to Permit Withdrawal of Suit as Not Pressed. Plaintiff's right to withdraw suit under Order XXIII Rule 1 CPC upheld; mere filing of written statement or framing of issues does not bar withdrawal.

30 Jul 2025

The plaintiff, since deceased represented by her legal representatives, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedu...

High Court

Bombay High Court Hears Appeal Against Decree on Admission in Commercial Suit — Decree for Rs.4.25 Crores Granted on Alleged Admission in Claim for Rs.22.66 Crore

14 Jun 2024

The appeal arises from an order dated 28 April 2023 passed by a learned Single Judge of the Bombay High Court in Notice of Motion No. 2393 of 2019 in ...

High Court

Bombay High Court Dismisses Vessel Owner's Application for Release of Arrested Vessel Due to Repeated Breach of Undertakings and Contempt of Court. Auction Purchaser's Application for Confirmation of Sale Allowed as Vessel Owners Failed to Furnish Security in Time.

24 Mar 2021

The case involves a commercial admiralty suit filed by GAC Shipping (India) Pvt Ltd & Anr against MV Golden Pride & Ors. The vessel was arrested. The ...

High Court

High Court of Bombay at Goa Allows Appeal by Co-operative Bank in Mortgage Suit, Holding That Bank Cannot Consolidate Mortgages Under Section 67A of Transfer of Property Act, 1882. Mortgage by Limited Owners (Widow, Son, Daughter-in-Law) Without Legal Necessity Not Binding on Reversioners (Daughters) Under Hindu Succession Act.

15 Sep 2010

The appeal arises from a judgment/decree dated 17/10/2005 in Special Civil Suit No.55/99/III (old) by the Civil Judge, Senior Division, Canacona, decr...

High Court

Bombay High Court Grants Injunction in Trademark Infringement and Passing Off Suit Over Pharmaceutical Marks OROFER and OROFER-XT vs COROFER and COROFER-XT. Court finds deceptive similarity and rejects acquiescence defense under Section 33 of Trade Marks Act, 1999.

10 Sep 2014

The Plaintiff, Emcure Pharmaceuticals Ltd., filed a suit for trademark infringement and passing off against Corona Remedies Pvt. Ltd., alleging that t...

High Court

High Court of Karnataka Considers Appeal Against Discretionary Order Refusing Interim Injunction in Passing Off Suit — Visual Wrapper Similarity and Ordinary Purchaser Test Examined. Court Examines Whether Emphasis on Dissimilarities Rather Than Similarities Amounted to Error of Principle.

28 Sep 2021

The present appeal arose from a suit for passing off and copyright infringement filed by ITC Limited (plaintiff) against CG Foods (India) Private Limi...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

2 Aug 2023

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below. The court held that the appellant failed to prove that the suit property was joint family property and that the trial court and first appellate court had correctly appreciated the evidence.

4 Sep 2024

The case pertains to a regular second appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 24.07...

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