Search Results for "interlocutory jurisdiction"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "interlocutory jurisdiction"

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High Court

Bombay High Court Dismisses Appeal by Flat Purchasers Against Conveyance Deed — No Right to Challenge Vendor's Title. Flat purchasers cannot challenge a conveyance deed executed by the original owner in favor of a developer as they have no right to question the vendor's title under the Transfer of Property Act, 1882.

25 Mar 2010

The appellants, who are flat purchasers in a building, filed a suit seeking a declaration that a Deed of Conveyance dated 25th October 2004 executed b...

High Court

Bombay High Court Partially Allows Appeal in Trademark Infringement and Passing Off Case — Copyright Claim Dismissed Due to Lack of Originality. The court held that slavish imitation of another's mark does not qualify as an original artistic work under the Copyright Act, 1957, but upheld the injunction for trademark infringement and passing off under the Trade Marks Act, 1999.

18 Mar 2011

The appeal arose from an order of a single judge granting interlocutory reliefs in a suit for trademark infringement and passing off. The respondents,...

High Court

Bombay High Court Allows Appeal in Trademark Infringement Case — Parksons Cartamundi Pvt. Ltd. v. Suresh Kumar Jasraj Burad. The court found that the marks 'MERELANE' and 'MARICELL' are deceptively similar and granted an interim injunction restraining the defendant from using the mark 'MARICELL'.

21 Mar 2012

The appellant, Parksons Cartamundi Pvt. Ltd., filed a suit for infringement of its registered trademark 'MERELANE' and for passing off against the res...

High Court

Bombay High Court Allows Tenants' Petition to Set Aside Ex Parte Decree in Eviction Suit — Failure of Counsel to Appear Not to Prejudice Litigant's Rights Under Order 9 Rule 13 CPC. Tenants' Diligence and Sufficient Cause Established Despite Counsel's Negligence.

26 Aug 2019

The petitioners, Umar Abdul Majid Khan (original tenant) and Abdul Malik Shaikh (alleged sub-tenant), filed a writ petition challenging the orders of ...

High Court

Bombay High Court Dismisses Society's Challenge to Amendment of Written Statement in Eviction Appeal, Partly Allows Assignee's Challenge to Interim Compensation Order. The court held that amendment of written statement to incorporate subsequent events is permissible under Order VI Rule 17 CPC, and that interim compensation under Section 11(3) of the Maharashtra Rent Control Act, 1999 can be directed pending appeal.

27 Sep 2019

The judgment concerns two writ petitions arising from eviction proceedings between Omkar Co-operative Housing Society Ltd. (the Society) and Kishore K...

High Court

Bombay High Court Allows Conversion of Writ Petition into Second Appeal in Order VII Rule 11 CPC Rejection Case. Dismissal of Delay Condonation Petition in First Appeal Must Be Challenged by Second Appeal Under Section 100 CPC, Not Revision Under Article 227.

17 Dec 2019

The petitioner, as plaintiff, filed a suit for declaration and injunction. The trial court rejected the plaint under Order VII Rule 11(a) and (d) CPC....

High Court

Bombay High Court Allows Amendment in Specific Performance Suit to Add Alternative Claim for Damages and Refund. Amendment seeking alternative relief of damages and refund in lieu of specific performance does not introduce a new cause of action and is not barred by limitation under Article 137 of Limitation Act, 1963.

6 Feb 2013

The appeal arose from a decision of a Learned Single Judge of the Bombay High Court dated 6 March 2012, allowing an amendment to the plaint in a suit ...

High Court

Bombay High Court Upholds Injunction Against Appellant in Trademark Infringement and Passing Off Case — Similar Trade Dress Found Deceptively Similar Despite Different Word Marks. The court held that the essential features of the appellant's label were deceptively similar to the respondent's registered label, justifying an interlocutory injunction under the Trade Marks Act, 1999 and the Copyright Act, 1957.

20 Aug 2013

The appeal arose from an interlocutory injunction granted by a Single Judge of the Bombay High Court in a suit filed by Sopariwala Exports (the first ...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over Pharmaceutical Marks 'MONTINA' and 'MONTINAL'. Phonetic Similarity Between Registered Mark 'MONTINA' and Defendants' Mark 'MONTINAL' for Medicinal Preparations Constitutes Infringement Under Section 29(2)(b) of the Trade Marks Act, 1999.

24 Dec 2013

The Plaintiff, Aristo Pharmaceuticals Pvt. Ltd., filed a suit for trademark infringement and passing off against the Defendants, who were manufacturin...

High Court

Bombay High Court at Goa Upholds Validity of Rule 5 of Goa Minor Mineral Concession (Amendment) Rules, 2002 — Declares Quarry Lease Valid Despite Deletion of Chapter III. Rule 5, which deleted Chapter III of the Goa Minor Mineral Concession Rules, 1985, is held intra vires Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957, as the State Government has power to make rules for grant of quarry leases in respect of land belonging to private persons.

10 Dec 2013

The petitioner, Smt. Maria Teresa Philomena D'Rocha Pegado, filed a writ petition before the Bombay High Court at Goa challenging the constitutional v...

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