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High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and appellate court decrees dismissing suit for declaration and injunction, finding no substantial question of law.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) arises from a suit for declaration and injunction filed...

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High Court of Karnataka Allows Appeal in Recovery Suit — Loan Repayment Claim Upheld Despite Lack of Written Agreement. Preponderance of Probabilities Favored Plaintiff as Defendant Admitted Receipt of Money but Failed to Prove Alternative Purpose.

The appellant, Mr. Manjunath S., filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree d...

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Bombay High Court Allows Husband to Lead Evidence First in Property Dispute with Wife — Order 18 Rules 1 and 2 CPC Interpreted. Husband Must Prove His Case as He Would Be Defeated if No Evidence Is Given, Given His Admission of Wife's Payment.

The case involves a property dispute between husband and wife. The wife filed a petition seeking a declaration that she is the sole owner of one of tw...

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Bombay High Court Dismisses Petition Challenging Conditional Leave to Defend in Commercial Summary Suit. Condition of Deposit of Rs. 18 Lakhs Upheld as Not Perverse or Arbitrary Under Order XXXVII of Code of Civil Procedure, 1908.

The Petitioner (Defendant in the suit) filed a Writ Petition under Article 227 of the Constitution of India challenging the order dated 05.07.2023 pas...

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Bombay High Court Grants Temporary Injunction in Trademark Infringement and Passing Off Suit — 'LIVE IN' Mark Found Deceptively Similar to 'LIVE-IN'. Phonetic and visual similarity between marks leads to injunction under Section 29(2)(b) of the Trade Marks Act, 1999.

The Plaintiff, Federal Brands Ltd., filed a trademark infringement and passing off suit against Levi Strauss India Pvt. Ltd. seeking a temporary injun...

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Bombay High Court Dismisses Petition Challenging Condonation of Delay in Filing Written Statement — Delay of 9 years and 79 days condoned subject to costs of Rs.15,000/- as sufficient cause shown and no prejudice caused to plaintiff.

The petitioner-plaintiff filed a suit for recovery of Rs.21,00,000/- paid as part consideration for purchase of a flat. The suit was dismissed in defa...

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High Court of Bombay Grants Interim Injunction Restraining Encashment of Bank Guarantees in Subcontractor Dispute. Fraud and Irretrievable Injustice Established as Grounds for Injunction Against Bank Guarantee Invocation Under Contract Law.

The Plaintiff, ITD Cementation India Ltd., filed a suit seeking a restraint order against Defendant No.1, Reliance Infrastructure Limited, from demand...