Search Results for "suit infructuous"

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Search Results for "suit infructuous"

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High Court

High Court of Karnataka Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Section 16 of the Court Fees Act, 1870 Applicable. The court held that the DRT erred in rejecting the refund application without considering Section 16 of the Court Fees Act, 1870, which provides for refund when a case becomes infructuous.

19 Nov 2024

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India before...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in MOFA Conveyance Suit. Concurrent findings of trial court and appellate court that plaintiff failed to establish prima facie case for injunction upheld.

24 Sep 2024

The petitioner, Sita Vihar Co-operative Housing Society Ltd., filed a writ petition challenging the concurrent rejection of its application for tempor...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Suit in Copyright Infringement Case — Suit Not Barred by Section 60 of Copyright Act, 1957 as Plaintiff Sought Declaration of Non-Infringement and Injunction Against Threats. Section 60 provides an additional remedy and does not oust civil court jurisdiction; plaint cannot be rejected at threshold under Order VII Rule 11(d) CPC.

27 Sep 2023

The appellant, M/s Chancery Pavilion, represented by its owner M/s Elixir Enterprises Hotels (P) Ltd., filed a Regular First Appeal under Section 96 r...

High Court

Bombay High Court Upholds Interim Injunction Against Demolition of Suit Structure in Municipal Corporation Dispute. Court Restrains Corporation from Demolishing Alleged Unauthorised Construction Pending Suit, Holding That Prima Facie Case and Balance of Convenience Favour Plaintiffs.

28 Feb 2022

The case involves two appeals filed by the Municipal Corporation of Greater Mumbai (defendant no.1) and M/s. Chhaya Construction Company (defendant no...

High Court

Bombay High Court Allows Appeal Against Order Returning Plaint for Want of Jurisdiction in Contractual Dispute. Court Holds That Part of Cause of Action Arose Within Jurisdiction Where Tender Was Submitted and Bank Guarantee Was Invoked, Applying Section 20(c) CPC.

22 Jan 2015

The appellant, M/s Ambarwadikar & Co., a registered firm, filed Special Civil Suit No.18/2012 before the Civil Judge, Senior Division, Latur, seeking ...

High Court

Bombay High Court Dismisses Nagpur Improvement Trust's Appeal Against Declaration of Demolition Notices as Illegal. Repairs Carried Out with Municipal Corporation Sanction Cannot Be Treated as Unauthorised Construction Under Maharashtra Regional and Town Planning Act, 1966.

29 Apr 2014

The case involves a second appeal filed by the Nagpur Improvement Trust (NIT) against the judgment and order dated 16.1.2006 passed by the 3rd Additio...

High Court

Bombay High Court Dismisses Appeal in Patent Infringement Suit — No Prima Facie Case for Injunction as Plaintiff Failed to Establish Infringement of Patent. Court Held That Mere Grant of Patent Does Not Confer Right to Injunction Without Clear Evidence of Infringement and Balance of Convenience Lies with Defendant.

16 Mar 2012

The appellant, CTR Manufacturing Industries Limited, filed a suit for patent infringement against the respondents, Sergi Transformer Explosion Prevent...

High Court

Bombay High Court Dismisses Tenant's Writ Petition Challenging Eviction Order in Rent Control Case — Subletting and Default in Payment of Rent Established. The court upheld the appellate judgment reversing the trial court's dismissal of the landlord's eviction suit under the Maharashtra Rent Control Act, 1999.

4 Jan 2010

The case involves a landlord-tenant dispute under the Maharashtra Rent Control Act, 1999. The landlords (respondents) filed a suit for eviction agains...

High Court

Bombay High Court Dismisses Appeal in Municipal Corporation Dispute — Suit Barred by Limitation. Notice under Section 351 of Mumbai Municipal Corporation Act, 1888 issued in 1994; suit filed in 2001 held time-barred as cause of action arose on notice date.

16 Jun 2005

The appellant, Satish Dalichand Shah, claimed to be a monthly tenant of a shop premises in Mumbai. On 23rd May, 1994, the Municipal Corporation of Gre...

High Court

Bombay High Court Dismisses Appeal Against BMC Demolition of Unauthorized Structure in Jira Galli. Notice Under Section 314 of Mumbai Municipal Corporation Act, 1988 Held Valid as Structure Was on Street and Not on Private Land.

13 Jan 2005

The appellant, Bashir Nazir Sayyed, was the original plaintiff in a suit against the Brihan Mumbai Municipal Corporation (BMC). He resided and ran a b...

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