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Bombay High Court Partly Allows Appeal in Specific Performance Suit, Orders Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness, but defendants cannot forfeit earnest money without proof of loss.

The original plaintiff filed a suit for specific performance of an agreement to sell dated 20.02.2008 in respect of a suit property admeasuring 70,000...

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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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Bombay High Court Considers Infringement of Well-Known Mark 'Raymond' in Domain Name for Dissimilar Goods; Discusses Scope of Section 29(4) of Trade Marks Act, 1999. Domain Name 'raymondpharma.com' Not Found to Infringe 'Raymond' Mark Under Section 29(4) Due to Dissimilar Goods and Prior Litigation Bar.

The dispute arose from the Plaintiff Raymond Limited's claim that the Defendant Raymond Pharmaceutical Pvt. Ltd. infringed its well-known registered t...

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High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Set Aside Ex-Parte Decree in Partition Suit. Petitioner Failed to Show Sufficient Cause for Non-Appearance Despite Having Knowledge of Proceedings and Filing Written Statement.

The petitioner, Smt. Sokkamma (since deceased, represented by her LR M. Byrappa), filed a writ petition under Article 227 of the Constitution of India...

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High Court Dismisses Review Petition in Property Dispute Over Will — No Error Apparent on Face of Record. Review under Section 114 CPC read with Order 47 Rule 1 CPC cannot be used to re-argue the case or correct erroneous findings unless there is an error apparent on the face of the record.

The applicants (original appellants) filed a review application under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure, 1908, seek...

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High Court of Karnataka Hears Appeals Filed by Legal Heirs of Defendant Against Decree in Partition Suit. Appeals Arise from Common Judgment Partly Decreeing Suit for Partition and Separate Possession of Ancestral Properties.

The appeals arose from a common judgment and decree passed in O.S.No.2640/1988 and O.S.No.5075/2000 by the I Additional City Civil & Sessions Judge, B...