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Search Results for "defendant hearing"

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High Court

Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Possession and Title. Court holds that findings of fact based on evidence cannot be interfered with in second appeal under Section 100 CPC unless perverse or based on no evidence.

29 Nov 2023

The case involves a property dispute between the appellants (original defendants) and respondents (original plaintiffs) over agricultural land. The pl...

Supreme Court

Supreme Court Considers Appeal by Charitable Society Regarding Leave to Institute Suit Under Section 92 of the Code of Civil Procedure, 1908. The Dispute Involves Whether a Society Registered Under the Societies Registration Act, 1860 Can Be Treated as a Trust and Sought Determination of the Conditions for Granting Leave Following Allegations of Financial Mismanagement and Breach of Trust.

1 Jan 1970

The dispute arose from a suit instituted under Section 92 of the Code of Civil Procedure, 1908 by two plaintiffs, Dr. Shelly Batra and Mrs. Usha Gupta...

High Court

Bombay High Court Grants Anti-Anti-Suit Injunction Restraining Enforcement of Singapore Anti-Suit Order in NCLT Oppression and Mismanagement Dispute. Court holds that disputes under Sections 241 and 242 of the Companies Act, 2013 are non-arbitrable and exclusively triable by NCLT, and that an anti-suit injunction from a foreign court cannot be enforced in India to prevent a party from pursuing statutory remedies before the NCLT.

11 Sep 2023

The plaintiff, Anupam Mittal, filed a suit in the Bombay High Court seeking an anti-anti-suit injunction to restrain the defendants from enforcing an ...

High Court

Bombay High Court Grants Temporary Injunction Against Defendant for Trademark Infringement and Passing Off of Identical Mark SPASGAN in Pharmaceutical Preparations. Plaintiff's Registered Trademark SPASGAN Entitled to Protection Under Trade Marks Act, 1999.

28 Jan 2014

The Plaintiff, Wockhardt Limited, filed a suit against Eden Healthcare Pvt. Ltd. seeking to prevent infringement and passing off of its trademark SPAS...

High Court

Bombay High Court Dismisses Plaintiff's Application for Decree of Possession Under Order XII Rule 6 CPC — No Clear Admission Found in Society's Letters. The court held that letters from the defendant society did not amount to unequivocal admissions of the plaintiff's ownership, and thus summary decree was not warranted.

5 Feb 2019

The plaintiff, Mahesh B. Chaudhary, filed a suit seeking possession of Flat No.17, 1st floor, Radha Sadan Co-operative Housing Society Ltd., and a dec...

High Court

Bombay High Court Grants Injunction in Quia Timet Action for Passing Off Based on Distinctive Bottle Shape of Vodka. Shape of a bottle can be protected as a trademark or get-up if it has acquired distinctiveness and is likely to cause confusion.

2 May 2011

The plaintiff, Gorbatschow Wodka KG, a German company manufacturing Vodka, filed a quia timet action against John Distilleries Limited alleging that t...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Trial Court's Finding of Joint Family Property and Rejects Claim of Prior Partition. The court held that the suit properties were ancestral joint family properties and that the alleged prior partition was not proved, thereby affirming the decree for partition and separate possession.

6 Jun 2025

The case involves a dispute over partition of properties claimed to be ancestral joint family properties. The appellants (plaintiffs) filed a suit for...

High Court

Bombay High Court Dismisses Second Appeal in Land Ownership Dispute, Confirms Concurrent Findings of Trial and Appellate Courts. Suit for Declaration of Ownership and Possession of Agricultural Land Dismissed as Plaintiffs Failed to Prove Title and Possession.

9 Mar 2011

The case involves a second appeal filed by the original defendant No.1, Babasaheb s/o Raosaheb Malba (Kadam), against the judgment and order of the Ad...

High Court

Bombay High Court Allows Amendment to Plaint in Suit for Specific Performance — Period of Bona Fide Prosecution of Earlier Proceedings Excluded for Limitation Under Section 14 of Limitation Act, 1963. The court permitted the plaintiff to amend the plaint to seek exclusion of time spent in prosecuting a suit and appeal in the Small Causes Court, holding that such amendment is necessary for determining the real controversy and does not change the nature of the suit.

10 May 2013

The plaintiff, Bharat Petroleum Corporation Ltd. (BPCL), filed a suit for specific performance against the defendants in the Bombay High Court. The su...

High Court

Bombay High Court Dismisses Shareholder Suit Challenging Director Appointments for Lack of Jurisdiction. Dispute Over Rights Under Articles of Association Falls Within Exclusive Jurisdiction of Company Law Board Under Companies Act, 1956.

24 Mar 2014

The suit was filed by shareholders of a banking company, Yes Bank, challenging resolutions relating to the appointment of directors and seeking declar...

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