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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "defendant hearing"

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High Court

Bombay High Court Rejects Plaint in Copyright Infringement Suit for Non-Compliance with Mandatory Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. Plaintiff's 11-Month Delay and Lack of Genuine Urgency Leads to Relegation to Mediation.

6 Sep 2024

The plaintiff, Ultra Media and Entertainment Pvt. Ltd., filed a commercial suit alleging copyright infringement of the character 'Shaktimaan' by the d...

High Court

High Court of Karnataka Sets Aside First Appellate Court's Decree Granting Injunction to Sub-Tenants in Landlord-Tenant Dispute — Eviction Order Obtained by Landlord Held to Bar Subsequent Injunction Suit. Permanent Injunction Suit by Sub-Tenants on Basis of Settled Possession Dismissed as Rights Derived from Tenant Extinguished Upon Eviction Decree, Under Section 100 of Code of Civil Procedure, 1908.

6 Oct 2023

The dispute arose from a long history of landlord-tenant litigation concerning suit property originally leased for 90 years to M/s Binny Company, whic...

High Court

Bombay High Court Allows Appeal Against Interim Payment Order in License Fee Dispute — Sets Aside Direction to Pay Rs. 37.61 Lakhs Per Month Pending Trial. Court Holds That Order Under Order XXXIX Rule 10 CPC for Interim Payment Requires Admission of Liability or Undisputed Amounts, Not Determination of Disputed Claims.

1 Nov 2023

The Appellant, Kavis Fashions Private Limited, challenged an order dated 4 January 2021 passed by the Joint Civil Judge Senior Division, Thane, allowi...

High Court

Bombay High Court Orders Possession to Trustees in Trust Property Dispute — Defendant's Claim of Adoption Fails. Trustees of a trust established under a Will are entitled to recover possession of a flat from a defendant who failed to prove adoption or any lawful right, as the Will prohibited alienation and the defendant was a trespasser.

22 Nov 2012

The suit was filed by the trustees of a trust created under a Will dated 28th June 1994, seeking a declaration that the defendant is a trespasser and ...

High Court

Karnataka High Court Allows Partition Appeal in Co-owner Dispute — Rejects Adverse Possession Claim. Court holds that a co-owner cannot claim adverse possession against another co-owner without ouster, and a suit for partition is not barred by limitation under Article 65 of the Limitation Act, 1963.

21 Oct 2019

The case involves a family dispute over property originally owned by M.A. Mohammed Ayoob. The appellant, Mohammed Hussain, filed a suit for partition ...

High Court

Bombay High Court Grants Interim Injunction in Design Infringement Case — Defendant's Plastic Container Found Deceptively Similar to Plaintiff's Registered Design Under Designs Act, 2000. The court applied the 'eye test' and held that the overall impression of the Defendant's product was identical to the Plaintiff's registered design, despite minor differences in colour.

1 Jul 2016

The Plaintiffs, Selvel Industries and Sears Industries, filed a suit for infringement and passing off under the Designs Act, 2000, against the Defenda...

High Court

High Court of Karnataka Allows Amendment of Written Statement in Property Suit — Liberal Approach to Pre-Trial Amendments Under Order 6 Rule 17 CPC. Defendant's Application to Deny Genealogy Allowed as Necessary for Real Controversy, Despite Earlier Admission.

24 Mar 2015

The petitioner, who was the 1st defendant in O.S. No. 45/2011 pending before the Senior Civil Judge & JMFC, Mudhol, filed a writ petition under Articl...

High Court

Karnataka High Court Hears Regular First Appeal Against Dismissal of Permanent Injunction Suit Over Agricultural Land. Suit Involves Claims of Ownership and Interference by Co-operative Societies and Site Owners Association.

26 Sep 2019

The case originated from a suit for permanent injunction filed by the plaintiff against three defendant societies/associations concerning agricultural...

Supreme Court

Supreme Court Upholds Transposition of Defendants as Plaintiffs in Suit for Cancellation of Sale Deed — Subsequent Purchasers Pendente Lite Allowed to Continue Suit Despite Withdrawal by Original Plaintiffs. The Court Held That Defendants Who Were Originally Plaintiffs and Had Identity of Interest Could Be Transposed Under Order XXIII Rule 1-A CPC to Protect Their Rights and Avoid Bar of Limitation.

6 Mar 2019

The case involves a civil suit originally filed in 1989 by A.C. Nataraja Mudaliar against A.V. Manoharan (defendant No.1) and R. Dhanasundari @ R. Raj...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

13 Aug 2019

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

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