Search Results for "Letters Patent Appeal"

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Bombay High Court Allows Appeal Against Return of Plaint in Suit for Specific Performance of Land in Delhi. Leave under Clause XII of Letters Patent Granted by High Court Survives Transfer to City Civil Court Under Section 16(d) CPC.

The appellant, Nouveau Exports Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 20th October 2000 in respect of propert...

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Bombay High Court Upholds Validity of IT Rules Amendment on Fake News in Reference Opinion — Rule 3(1)(b)(v) of IT Rules, 2021 Held Not Violative of Articles 14, 19(1)(a), 19(1)(g) of Constitution and Section 79 of IT Act, 2000.

The present proceedings arise from a reference made under Chapter-I Rule 7 of the Bombay High Court Appellate Side Rules, 1960 read with Section 98 of...

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Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

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Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in Arbitration Dispute. Court holds that no part of cause of action arose within its jurisdiction as contract was executed and performed in Chennai, and arbitration venue was Chennai.

The petitioner, M/s. Roman Tarmat Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an injunction restrain...

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Bombay High Court Dismisses Writ Petition Challenging Caste Certificate Invalidation as Not Maintainable Before Division Bench. Preliminary objection upheld that matters under Act 23 of 2001 must be heard by Single Judge as per Chapter XVII Rule 18(3) of Bombay High Court Appellate Side Rules, 1960.

The petitioner, Nilofarnaz w/o Nazkatkhan, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court ...

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Bombay High Court Dismisses Patent Infringement Appeal — Refuses Temporary Injunction Due to Lack of Prima Facie Case. Mere Registration of Patent Does Not Establish Validity; Plaintiff Must Show Strong Prima Facie Case for Interim Injunction.

The case involves a Letters Patent Appeal and a cross-appeal arising from a suit for patent infringement. The appellant/plaintiff, a patent holder, fi...