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Madras High Court Upholds Easement of Necessity Over Cart Track in Partition Dispute Between Brothers. Plaintiff Granted Declaration and Mandatory Injunction for Access to Landlocked Property Under Section 13 of Indian Easements Act, 1882.

The case involves two appeals arising from a suit between two brothers, T.M. Thiruvenkatasamy (defendant) and M.Sundararajan (plaintiff), concerning f...

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Trademark Dispute: Examination of Ex-Parte Injunction and Material Disclosure Obligations.

The case concerns a trademark dispute where Dharampal Satyapal Foods Ltd., the defendant, sought to vacate an ex-parte injunction granted to Parle Pro...

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Bombay High Court Upholds Eviction Decree in Possession Suit — Licensee's Claim of Ownership Rejected. Staff Quarter Adjoining Purchased Flat Held to Be Part of Suit Premises; Licensee Cannot Claim Ownership After License Revocation.

The case involves a first appeal against a decree of eviction passed by the City Civil Court, Mumbai. The respondent/original plaintiff, Anjana Viren ...

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Supreme Court Dismisses Contempt Petition for Alleged Wilful Disobedience of Order to Vacate Premises — Failure to File Undertaking and Pay Dues Not Contempt as Substantive Compliance Achieved.

The contempt petition was filed by Hukum Chand Deswal (petitioner) against Satish Raj Deswal (respondent) alleging wilful disobedience of the Supreme ...

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Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

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Bombay High Court Dismisses Anti-Suit Injunction Application in International Arbitration Enforcement Dispute. Court holds that Indian courts cannot restrain enforcement of foreign arbitration awards in New York when the award debtor has submitted to the jurisdiction of the foreign court.

The case involves a dispute between E-City Entertainment (I) Pvt. Ltd. (E-City), an Indian company part of the Essel Group, and Imax Corporation (IMAX...

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Bombay High Court Dismisses Appeal Against Ex-Parte Injunction Restraining Arbitration Proceedings in Guarantee Dispute. No Arbitration Agreement Found Between Plaintiff and Defendant No.1, Injunction Upheld to Prevent Irreparable Harm.

The dispute arises from a charter party agreement allegedly entered into between defendant no.1 (Golden Ocean Group Limited, appellant) and defendant ...