Search Results for "Regular First Appeal"

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Supreme Court

Supreme Court Allows Appeal in Trademark Infringement Case Under Trade Marks Act, 1999. Registered Trademark 'RENAISSANCE' Found Infringed by 'SAI RENAISSANCE' Due to Deceptive Similarity and Transborder Reputation Under Section 29(4).

19 Jan 2022

The appeal arose from a trademark infringement dispute between an appellant-plaintiff, a global hotel chain incorporated in Delaware, USA, and respond...

Supreme Court

Supreme Court Dismisses Appeal in Summary Suit Under Order XXXVII CPC Due to Absence of Triable Issues. Leave to Defend Rightly Denied as Invoices Constituted Written Contracts Establishing Appellant's Liability for Goods Supplied.

18 Jan 2022

The appeal arose from a summary suit for money recovery filed under Order XXXVII of the Code of Civil Procedure, 1908, by the plaintiff-respondent No....

Supreme Court

Supreme Court Allows Appeal in Land Acquisition Reference Case Due to Liberty Reserved by High Court — Limitation Period Not Applicable When Claimants Pursued Earlier Remedies. The Court held that the reference under Section 18 of the Land Acquisition Act, 1894 was not barred by limitation because the claimants had challenged the acquisition and the High Court had reserved liberty to seek enhancement, and the reference was filed within six months of the dismissal of the special leave petition.

1 Jan 2022

The Supreme Court allowed the appeal filed by the original claimants (appellants) against the judgment of the Gujarat High Court which had upheld the ...

Supreme Court

Supreme Court Upholds Validity of Relinquishment Deed Executed by Karta in Joint Hindu Family Property Case. Relinquishment deed executed by eldest male member as Karta is valid and binding on minor coparceners, and suit for declaration filed beyond limitation period is barred.

13 Dec 2021

The present appeal arises from a suit filed in 1994 by four younger sons of late M.C. Rudrappa seeking a declaration that a relinquishment deed dated ...

Supreme Court

Supreme Court Upholds High Court's Decree Granting Letters of Administration in Will Dispute. Will Proved in Accordance with Law, No Suspicious Circumstances Found Under Section 68 of Indian Evidence Act, 1872 and Section 63 of Indian Succession Act, 1925.

10 Dec 2021

The case involves a dispute over the estate of E. Srinivasa Pillai, who died on 19th January 1978. The plaintiffs, C. Saradambal (widow of the testato...

Supreme Court

Supreme Court Allows Appeal Against Karnataka High Court Order Setting Aside Rejection of Plaint in Res Judicata Case. The Court held that the subsequent suit for declaration of title was barred by res judicata and Order II Rule 2 CPC as the issue of title had been finally decided in earlier litigation.

8 Dec 2021

The dispute pertains to 11 acres 16 guntas of agricultural land in Talaghattapura Village, Bangalore. The appellants (Lankappa and others) claimed tit...

Supreme Court

Supreme Court Allows BDA's Appeal in Execution Proceedings: Right, Title or Interest Must Be Adjudicated Under Order XXI Rule 101 CPC. The Court held that an obstructor claiming title need not prove possession to be heard in execution proceedings.

6 Dec 2021

The case involves an appeal by the Bangalore Development Authority (BDA) against the dismissal of its applications under Order XXI Rule 97 CPC in exec...

Supreme Court

Supreme Court Dismisses Plaintiffs in Property Declaration Suit Due to Omission of Possession Relief. Suit for Declaration and Injunction Held Not Maintainable Under Section 34 of Specific Relief Act, 1963 as Plaintiff, Not in Possession, Failed to Seek Further Relief of Possession.

25 Nov 2021

The dispute originated from a suit filed in 1987 by Arakeri Abbaiah, the original plaintiff, seeking declaration of ownership and permanent injunction...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Will Interpretation and Gift Deed Validity. High Court Erred in Interfering with First Appellate Court's Factual Finding on Nature of Bequest Under Section 100 CPC and Wrongly Applied Section 14 Hindu Succession Act When Will Conveyed Full Ownership.

22 Nov 2021

The dispute centered on a house property originally owned by Kashirao Sampatrao Deshmukh, who died in 1977 leaving his wife Shevantabai. After Kashira...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case, Reinstating District Judge's Decision Upholding Arbitral Award. High Court Exceeded Jurisdiction Under Section 37 of Arbitration and Conciliation Act, 1996 by Re-evaluating Evidence and Decreeing Claim, Contrary to Limited Scope of Judicial Review.

13 Nov 2021

The dispute originated from a contract dated 4 April 2002 between Punjab State Civil Supplies Corporation Ltd and M/s Ramesh Kumar and Company for the...

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