Search Results for "Mandatory Injunction"

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Search Results for "Mandatory Injunction"

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High Court

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.

13 Aug 2024

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

Supreme Court

Supreme Court Allows Appeal of Municipal Corporation in Solid Waste Project Injunction Case — Environmental Claims Lacked Scientific Evidence. Court Restores Trial Court's Dismissal of Suit, Holding That Civil Courts Cannot Restrain Statutory Projects Based on Unsubstantiated Apprehensions.

1 Jan 2020

The Supreme Court allowed the appeal of Ratnagiri Nagar Parishad against the judgment of the Bombay High Court which had affirmed the decree of perman...

High Court

Bombay High Court Allows Second Appeal in Property Dispute — Reverses Appellate Court's Perverse Findings. The Court held that the Appellate Court failed to consider the registered sale deed and revenue entries, leading to a perverse finding that warranted interference under Section 100 CPC.

22 Oct 2019

The original plaintiff, Parmanand Gopalrao Kesari (since deceased, represented by legal representatives), filed a suit for declaration of ownership an...

High Court

High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Appellants Failed to Prove Possession and Title. The Court upheld the trial court's finding that the suit was barred by limitation under Article 65 of the Limitation Act, 1963, as the appellants were not in possession within 12 years prior to the suit.

22 Jul 2019

The appellants, who are the legal heirs of one Anantha Ramaiah, filed a suit for permanent injunction against the respondents in respect of agricultur...

High Court

High Court of Karnataka Upholds Injunction in Trademark Infringement Case — 'Cothagiri' Mark Deceptively Similar to 'Cothas'. Defendant restrained from using mark 'cothagiri' for coffee products as it is phonetically and structurally similar to plaintiff's registered trademark 'Cothas'.

14 Sep 2016

The case involves a trademark infringement dispute between two coffee companies. The appellant, M/s Avighna Coffee Pvt. Ltd., was the defendant in the...

High Court

High Court of Karnataka Upholds Injunction Against Defendant in Trademark Infringement Case — 'Cothagiri' Mark Deceptively Similar to 'Cothas'. Court Restrains Defendant from Using Mark 'Cothagiri' for Coffee Products, Finding Prima Facie Case of Passing Off Under Trade Marks Act, 1999.

14 Sep 2016

The case involves a trademark dispute between M/s. Cothas Coffee Co. (plaintiff/respondent) and M/s. Avighna Coffee Pvt. Ltd. (defendant/appellant). T...

High Court

Bombay High Court Sets Aside Ad-Interim Mandatory Injunction in Property Dispute — Mandatory Injunction Requires Higher Threshold of Proof. Court holds that ad-interim mandatory injunction cannot be granted without considering serious questions to be tried, balance of convenience, and irreparable loss, and that the trial court must hear the notice of motion before passing such orders.

15 Oct 2013

The appellant, original defendant, challenged an ad-interim mandatory injunction passed by the City Civil Court, Dindoshi, on 16 September 2013, direc...

High Court

Bombay High Court Allows Appeals Under Section 37 of Arbitration Act, Restoring Arbitral Award in Shareholder Dispute. Court Holds That Single Judge Exceeded Jurisdiction Under Section 34 by Reappreciating Evidence and Substituting His Own View.

13 Mar 2013

The case involves two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by M/s. Goldstar Metal Solutions Pvt. Ltd. and M/s...

High Court

Bombay High Court Dismisses Petition Challenging Injunction Orders in Property Dispute — Mundkar Rights and Possession Prima Facie with Respondent. The court upheld the dismissal of temporary injunction as the respondent established mundkar rights and possession through survey records, and the petitioner failed to show better title or possession.

4 Oct 2012

The petitioner, Shri Shantadurga Kumbarjuvenkarin Devasthan, filed a writ petition challenging the orders of the courts below dismissing its applicati...

High Court

Bombay High Court Dismisses Landlords' Petition Challenging Small Causes Court's Power to Grant Injunction in Landlord-Tenant Dispute. Small Causes Court Has Jurisdiction Under Section 26 of Provincial Small Causes Court Act, 1887 to Grant Temporary Injunction Even When Third Party Claims Tenancy.

19 Dec 2005

The case involves a writ petition filed by the landlords, Subhash s/o Stnarayan Joshi and another, challenging orders of the Small Causes Court and th...

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