Search Results for "temporary injunction"

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Search Results for "temporary injunction"

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High Court

Bombay High Court Sets Aside Order Striking Off Defence in Easement Suit — Inquiry Required Before Penalty Under Order XXXIX Rule 2A CPC. The court held that striking off defence is a harsh order and can only be passed after an inquiry establishing wilful disobedience of an injunction order.

13 Aug 2024

The appellants, original defendants in a suit for easementary rights, challenged an order of the Civil Judge, Senior Division, Quepem dated 16.9.2020,...

High Court

Bombay High Court Dismisses Petition Challenging Civil Court Decree in Copyright Infringement Suit — No Error in Concurrent Findings on Ownership and Infringement of Film 'Barfi'. The court upheld the decree of permanent injunction and damages against the petitioners for unauthorized exhibition of the film, affirming the respondent's ownership under an agreement with the producer.

7 Dec 2015

The petitioners, including M/s UTV Motion Pictures and others, filed a writ petition under Article 227 of the Constitution of India challenging the ju...

High Court

Bombay High Court Upholds Injunction Against Developer in Dispute Over Exhausted FSI and Conveyance Rights. Prima Facie, Developer's Attempt to Use TDR for Further Construction on Sector IV-A After Exhausting Consumable FSI Violates Cooperative Housing Societies' Right to Conveyance.

15 Apr 2015

The Bombay High Court dealt with cross-appeals arising from an interim injunction granted in a suit filed by cooperative housing societies against the...

High Court

Bombay High Court Dismisses Second Appeal, Upholds Plaintiff's Title Over Suit Land Based On Will And Section 14 Of Hindu Succession Act. Court Rejects Challenges To Post-Abolition Partition, Applicability Of Section 14(1), And Maintainability Of Injunction Suit Without Declaration, But Keeps Title Findings Limited To The Suit.

28 Jan 2004

The dispute arose from a suit for perpetual injunction filed by the original plaintiff (Popat) claiming exclusive ownership of agricultural lands base...

High Court

High Court of Judicature at Bombay, Nagpur Bench, Hears First Appeal Against Permanent Injunction and Damages in Trademark Infringement and Passing Off Suit. Appeal Challenges Trial Court Decree Restraining Use of 'City Collection' Mark and Awarding Punitive Damages for Deceptive Similarity Under Trade Marks Act, 1999.

13 Oct 2021

The litigation involved a trademark and passing off dispute between two mobile phone businesses in Nagpur. The plaintiffs, M/s. City Collection, a reg...

High Court

Bombay High Court Dismisses Section 9 Petition Seeking Stay of Cancellation of Letter of Award in Tender Dispute. Court holds that disputes arising from pre-contractual stage are not arbitrable and interim relief under Section 9 cannot be granted when no arbitration agreement exists.

30 May 2019

The Petitioner, Provident Multi-Trading Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim reli...

High Court

Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

16 Jun 2014

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

High Court

Bombay High Court Considers Second Appeal in Eviction Suit Where Title Was Disputed; Maintainability of Suit for Possession Without Declaration of Title at Issue. Court Frames Substantial Questions on Effect of Rent Controller's Finding and Evidentiary Value of Survey Records Under Goa Rent Control Act.

11 Feb 2021

The dispute pertained to a residential property known as 'Mordi' or 'Tanki' in Navelim, Goa. The plaintiffs, claiming through John Gomes, had filed an...

High Court

Bombay High Court Dismisses Appeals Against Demolition of Unauthorized Structures in Gaothan Areas — Municipal Corporation's Action Upheld as Valid Exercise of Power Under Section 351 of the Mumbai Municipal Corporation Act, 1888. The court held that the summary power under Section 351 does not require prior notice and the trial court's interim injunction was without jurisdiction.

5 Jul 2018

The case involves multiple appeals filed by various appellants against the Municipal Corporation of Greater Mumbai and another respondent, challenging...

High Court

High Court of Karnataka Dismisses Second Appeal in Declaration and Possession Suit — Substantial Question of Law Not Pressed. Amendment to plaint seeking both declaration and recovery of possession renders the framed question of law infructuous.

5 Apr 2017

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant against the judgment and decree dated...

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