Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

High Court Hears Appeal and Cross-Objections Against Dismissal of Declaration Suit. Suit Filed by Brother of Deceased Religious Head for Declaration of Ownership of Property Allotted in 1952, Dismissed by Trial Court.

28 Mar 2014

This Regular First Appeal and cross-objections arise from the judgment and decree dated 9 September 2005 passed by the Principal City Civil and Sessio...

High Court

Bombay High Court Delivers Judgment in Cross Appeals Over Interpretation of Trust Deed and Maintainability of Originating Summons. The Court Considers Whether Questions Pertaining to Trust Administration Fall Within the Exclusive Domain of the Charity Commissioner Under the Bombay Public Trusts Act, 1950.

6 Nov 2012

This judgment arose from cross appeals against a Single Judge's order dated 5 March 2012 in an Originating Summons filed by Charu K. Mehta, a permanen...

Supreme Court

Supreme Court Upholds Return of Plaint in Commercial Dispute Case — Immovable Property Not Used Exclusively in Trade or Commerce. Agreement to Sell and Mortgage Deed Registration Dispute Falls Outside Commercial Courts Act, 2015 as Land Was Not Pled to Be Used for Trade or Commerce.

1 Jan 2019

The appellant, Ambalal Sarabhai Enterprises Ltd., filed a Commercial Civil Suit No. 41/2018 before the Commercial Court at Vadodara seeking enforcemen...

High Court

High Court of Bombay at Goa Dismisses Appeal Against SARFAESI Proceedings — Tenant's Claim Not Established. The court held that the appellant failed to prove tenancy and that the remedy under Section 17 of the Securitisation Act is available to any person aggrieved, including tenants.

14 Feb 2020

The appellant, Modinasab Indikar, filed a first appeal before the High Court of Bombay at Goa against the order of the District Magistrate, Salcete, d...

High Court

Bombay High Court Dismisses Petition Challenging Injunction in Trade Mark Infringement Suit — 'Aerotide' vs 'Ferotide' Found Deceptively Similar. Phonetic and structural similarity between marks for pharmaceutical products justified interim restraint under Trade Marks Act, 1999.

19 Oct 2010

The petitioner, Ferring Pharmaceuticals Pvt. Ltd., challenged an interim injunction order dated 05.03.2010 passed by the District Judge-3, Ahmednagar,...

High Court

High Court of Bombay Dismisses Appeal in Unauthorized Construction Case Due to Lack of Proof of Authorization. Suit Challenging Demolition Order Under Section 351 of Mumbai Municipal Corporation Act, 1888 Found Maintainable Without Prior Notice Under Section 527 as It Seeks Injunctive Relief, Not Compensation.

17 Mar 2026

The dispute originated from a long-standing conflict between a property occupant and the Municipal Corporation of Greater Mumbai regarding the authori...

High Court

Bombay High Court Dismisses Revision Against Rejection of Application to Set Aside Ex-Parte Decree in Suit for Declaration and Injunction. Delay of 13 Years Not Condoned as Applicants Failed to Show Sufficient Cause Under Order 9 Rule 13 CPC.

30 Nov -0001

The case involves a civil revision application filed by the original defendants (applicants) against an order of the Civil Judge Senior Division, Khed...

High Court

High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that findings of fact recorded by courts below based on evidence cannot be disturbed in appeal under Section 96 CPC unless perverse or contrary to material on record.

18 Jan 2019

The case involves a Regular First Appeal filed by the defendants (appellants) against the judgment and decree dated 30.09.2010 passed by the Senior Ci...

High Court

Karnataka High Court Dismisses Appellant's Appeal in Suit for Mandatory Injunction — Plaintiff Fails to Prove Entrustment of Gold Necklace. The court held that the plaintiff did not establish the alleged entrustment of a golden Kaasinasara to the defendant and that the suit was barred by limitation under the Limitation Act, 1963.

31 Dec 2019

The appellant, D.M. Krishna, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated...

High Court

Karnataka High Court Hears Appeal Against Trial Court Decree Declaring Oral and Registered Gift Deeds Void in Partition Suit. Trial Court Had Found That Widow Did Not Acquire Absolute Title Under Section 14(1) of Hindu Succession Act, 1956, and Gift by Her Was Not Binding on Other Legal Heirs.

10 Nov 2017

This Regular First Appeal arises from a partition suit filed by the legal heirs of late Anandarao Jadhav against the legal representatives of his brot...

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