Search Results for "Order XXXIX CPC"

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Supreme Court Allows Appeal Against High Court Order Directing Return of Passport in Contempt Proceedings for Breach of Undertaking. The Court restored the Single Judge's order impounding the passport of a contemnor who repeatedly breached undertakings given to the court in a property dispute.

The appellant, Shyam Sahni, filed a civil suit in 2008 seeking declaration, possession, and partition of a property in Friends Colony, New Delhi, orig...

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High Court of Karnataka Allows Appeal in Property Suit — Trial Court Erred in Rejecting Plaint Under Order VII Rule 11(d) CPC. Suit for Declaration of Title and Possession Not Barred by Limitation as Plaintiff Was in Possession Within 12 Years of Filing.

The appellant/plaintiff filed a suit for declaration of title and possession against the respondents/defendants in O.S.No.7993/2000 before the XVI Add...

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Bombay High Court Dismisses Plaintiff's Interim Injunction Application in Trademark Infringement Suit Over Descriptive Mark 'OCTRIDE'. Court holds that the mark is descriptive of the active ingredient Octreotide and lacks distinctiveness, and balance of convenience favors the defendant.

The plaintiff, Sun Pharma Laboratories Limited, filed a commercial IP suit seeking an interim injunction to restrain the defendant, United Biotech Pri...

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High Court of Karnataka Dismisses Writ Petition Challenging Election of Club Office Bearers — Disputed Questions of Fact Cannot Be Adjudicated Under Article 227. Election Dispute Under Karnataka Societies Registration Act, 1960 Requires Civil Suit or Remedy Before Registrar.

The petitioners, five members of the Indiranagar Club, filed a writ petition under Article 227 of the Constitution of India challenging the election o...

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High Court of Karnataka Dismisses Appeal Against Rejection of Temporary Injunction in Membership Dispute with Bangalore Turf Club Limited. Appellant Failed to Establish Prima Facie Case of Membership Under Club Rules and Order 39 CPC.

The appellant, Suraj Narredu, filed a suit (O.S.No.3797/2021) before the LXIX Additional City Civil and Sessions Judge, Bengaluru, seeking a declarati...

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Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute Regarding Suit for Permanent Injunction. Civil Court Jurisdiction for Injunction Suits Involving Waqf Property is Not Barred Under Section 85 of Waqf Act, 1995 When Dispute Does Not Involve Questions About Nature of Property.

The dispute originated from a suit filed by the plaintiff (first respondent) against the defendant (appellant) and others for mandatory and permanent ...

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Court Rejects Continuation of Ex-Parte Ad-Interim Injunction in Logo Dispute. Plaintiff's Failure to Fully Disclose Material Facts Leads to Denial of Relief

The principles and legal precedents regarding the continuation of ex-parte ad-interim injunctions, focusing on the Plaintiff's conduct and the necessi...