Search Results for "Temporary injunction"

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Search Results for "Temporary injunction"

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High Court

Madras High Court Allows Revision, Restores Temporary Mandatory Injunction for Cart Track Access in Property Dispute. Appellate Court Exceeded Jurisdiction Under Order 43 Rule 1(r) CPC by Re-appreciating Evidence on Merits Instead of Confining to Jurisdictional Errors.

23 Feb 2026

The petitioners (plaintiffs) filed a civil suit seeking a permanent injunction and a temporary mandatory injunction to restore a cart track that alleg...

High Court

High Court of Karnataka Allows Appeal in Property Injunction Case — Rejects Trial Court's Finding of No Prima Facie Case. Court holds that the trial court erred in rejecting an application for temporary injunction under Order 39 Rules 1 and 2 CPC by misreading the plaint and ignoring the plaintiff's possession and title documents.

12 Jan 2024

The appellant, Nasir Khan, filed a miscellaneous first appeal under Section 104 read with Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC...

High Court

Bombay High Court Quashes Police Aid Order in Civil Suit — Application Under Section 151 CPC for Police Aid Not Maintainable When Temporary Injunction Already Granted and Challenged. The court held that the proper remedy is under Order XXXIX Rule 2-A CPC or awaiting the appeal outcome.

2 Dec 2020

The petitioners, defendants in a civil suit, challenged an order passed by the learned Civil Judge allowing the respondent-plaintiff's application und...

High Court

Bombay High Court Dismisses Petition Challenging Temporary Injunction in Property Dispute — Marriage Certificate and Crop Statements Considered for Possession. The court upheld the concurrent findings of the trial and appellate courts granting temporary injunction in favor of the respondent based on prima facie evidence of marriage and possession.

11 Sep 2018

The petitioner, Rekha Bothe, challenged an order dated 03-10-2016 passed by the District Judge-3, Washim, dismissing her appeal against an order dated...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Trade Mark Infringement Suit. Prior user of trade mark 'City Collection' entitled to interim protection despite pending registration under Trade Marks Act, 1999.

28 Feb 2017

The appeal arose from an order of injunction passed in a Trade Mark Suit filed by the respondents (plaintiffs) temporarily restraining the appellant (...

High Court

High Court of Karnataka Allows Defendants in Copyright Infringement Suit, Quashes Ex Parte Injunction for Non-Compliance with Order XXXIX Rule 3 CPC. Trial Court Failed to Record Reasons or Issue Notice Before Granting Ex Parte Injunction, Violating Mandatory Provisions of CPC.

11 Jan 2017

The petitioners, Paramvah Studios Pvt. Ltd. and its Managing Director Rakshit Shetty, were defendants in a suit filed by Lahari Recording Company (res...

High Court

Bombay High Court Allows Appeal in Wrongful Arrest of Vessel Case — Duty to Mitigate Under Section 73 Contract Act Does Not Apply to Undertaking Under Rule 941 of Bombay High Court (Original Side) Rules, 1980. The court held that the undertaking under Rule 941 is a contractual obligation independent of the duty to mitigate damages, and the plaintiff must pay damages as per the undertaking without reduction for failure to mitigate.

5 Nov 2014

The case involves an appeal by Rainbow Ace Shipping S.A., the owner of the vessel MV Rainbow Ace, against an order of the learned single Judge of the ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Refusal of Interim Injunction in Defamation Suit Against Newspaper. Court holds that grant of ex parte ad interim injunction against publication of defamatory statements is an exception and not the rule, and that the trial court's discretion to issue emergent notice instead of granting injunction was not perverse or arbitrary.

7 Mar 2014

The petitioner, Sri N. A. Haris, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 18.04.2012 p...

High Court

Bombay High Court Allows Appeal in Property Injunction Case — Suit for Injunction Simpliciter Not Maintainable When Specific Performance Is Available. Section 41(h) of Specific Relief Act, 1963 Bars Injunction Where More Efficacious Relief of Specific Performance Is Not Sought.

17 Feb 2012

The appellant, original defendant no.1, owned a flat. On 6 June 2008, he allegedly agreed to sell it to the respondent no.1 (plaintiff) for Rs.40 lakh...

High Court

Bombay High Court Dismisses Railway's Challenge to Temporary Injunction in Favour of Educational Society for Use of Approach Road. Court upholds appellate order restraining obstruction of road constructed on shivdhura of survey no. 348 based on Tahsildar's permission and prima facie findings.

12 Mar 2010

The petitioners, officers of the Central Railway, challenged the judgment dated 21/1/2010 of the 4th Additional District Judge, Nagpur in MCA No. 230/...

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