Search Results for "inconsistent reliefs"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "inconsistent reliefs"

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High Court

Bombay High Court Dismisses Appeal in Trademark Dispute Over 'Anna' for South Indian Eateries - Prior User Fails to Establish Infringement Due to Generic Nature of Mark. The court held that the word 'Anna' is generic and cannot be exclusively appropriated, rejecting the claim of trademark infringement and passing off under the Trademarks Act, 1999.

30 Nov 2023

The dispute arose between two eatery owners in Pune over the use of the word 'Anna' in their restaurant names. The Appellant-Plaintiff, Shantapa alias...

Supreme Court

Supreme Court Dismisses Defendant's Appeal Against Amendment of Plaint in Specific Performance Suit. High Court's Liberal Approach to Allowing Amendment for Enhancing Damages After 31 Years Upheld, with Issue of Limitation Kept Open for Trial Under Code of Civil Procedure, 1908.

1 Sep 2022

The Supreme Court of India adjudicated a civil appeal arising from a special leave petition, where the appellant, Life Insurance Corporation of India,...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11 CPC — Plaint Discloses Cause of Action Against All Defendants Including Those Alleged to Be Benami. The court held that allegations of sham and benami transactions in a suit for specific performance constitute a cause of action and cannot be rejected at the threshold under Order VII Rule 11(a) of the Code of Civil Procedure, 1908.

19 Jun 2021

The Appellants, original Plaintiffs, filed Suit No. 187 of 1993 seeking specific performance of an agreement to sell dated 1st August 1985 in respect ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Property by Co-operative Bank Under Section 101 of Maharashtra Co-operative Societies Act, 1960 — Auction Sale Confirmed Despite Alleged Irregularities as Petitioner Failed to Prove Fraud or Collusion.

7 Apr 2021

The petitioner, M/s. Priyesh Land Developers, a partnership firm, filed a writ petition challenging the auction sale of its property by the respondent...

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 Allows Wife's Application Challenging Denial of Interim Maintenance in DV Act Case — Magistrate's Order Set Aside for Non-Compliance with Section 23 of DV Act. The Court held that the Magistrate must record reasons for denying interim relief under the Protection of Women from Domestic Violence Act, 2005, and the appellate court must independently assess the evidence.

2 Nov 2018

The applicant, Mrs. Payal Sudeep Laad, filed an application under Section 482 of the Code of Criminal Procedure, 1973, challenging the order dated 3rd...

High Court

Bombay High Court Quashes Interim Custody Order in Domestic Violence Case — Child's Welfare Paramount Under Section 21 of Protection of Women from Domestic Violence Act, 2005. The court held that interim custody orders must be based on evidence of child's best interests, not merely allegations of domestic violence.

21 Dec 2016

The petitioners, Dr. Parijat Vinod Kanetkar (husband), his mother, father, and sister, challenged the order dated 8.10.2015 passed by the Judicial Mag...

High Court

Bombay High Court Dismisses Appeal Against Probate Granted to Executors of Will — Will Proved in Manner Required by Section 63 of Indian Succession Act, 1925 and Section 68 of Evidence Act, 1872

8 Aug 2014

The appeal arose from a probate proceeding concerning the Will of Purvez Burjor Dalal, a Parsi who died on 7th December 2011. The appellant, Manek Dar...

High Court

Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

11 Feb 2011

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

High Court

Bombay High Court Dismisses Petition Challenging Abatement of Suit for Easement of Necessity. Failure to Bring Legal Representatives of Deceased Plaintiff Within Limitation Leads to Abatement of Entire Suit Under Order 22 Rule 3 CPC.

29 Sep 2006

The petitioners, original plaintiffs 1 to 4 and 6, along with Banubai Hariba Mohite (original plaintiff no.5), filed Regular Civil Suit No.278 of 1981...

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