Search Results for "Temporary injunction"

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Bombay High Court Allows Petition in Injunction Dispute Over Land Access. High Court sets aside lower courts' orders rejecting temporary injunction, finding that the Plaintiff had established a prima facie case and balance of convenience for restraining Defendants from interfering with its right of way.

The Petitioner, Mondelez India Foods Private Limited (formerly Cadbury India Company Ltd), filed a writ petition under Article 227 of the Constitution...

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High Court of Karnataka Allows Appeal in Injunction Dispute Over Possession of Properties — Sets Aside Trial Court Order for Non-Compliance with Order XXXIX Rule 3 CPC. Failure to Record Reasons for Dispensing with Notice Renders Ex Parte Injunction Void.

The appellant, Mr. Srinivas Adhikeshavulu Dalvai, was the defendant in a suit filed by M/s Anushka Constructions Pvt Ltd (the respondent/plaintiff) in...

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Bombay High Court Sets Aside Order Striking Off Defence in Easement Suit — Inquiry Required Before Penalty Under Order XXXIX Rule 2A CPC. The court held that striking off defence is a harsh order and can only be passed after an inquiry establishing wilful disobedience of an injunction order.

The appellants, original defendants in a suit for easementary rights, challenged an order of the Civil Judge, Senior Division, Quepem dated 16.9.2020,...

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Bombay High Court Dismisses Challenge to Impleadment Order in Civil Suit Under Order I Rule 10 CPC. Applicants Claiming Independent Title and Possession Over Suit Property Are Necessary Parties for Effective Adjudication.

The petitioner, Gajanan Mahadeo Potdar, filed a writ petition challenging the order dated 22.10.2021 passed by the Civil Judge, Junior Division, Aatpa...

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Bombay High Court Quashes Police Aid Order in Civil Suit — Application Under Section 151 CPC for Police Aid Not Maintainable When Temporary Injunction Already Granted and Challenged. The court held that the proper remedy is under Order XXXIX Rule 2-A CPC or awaiting the appeal outcome.

The petitioners, defendants in a civil suit, challenged an order passed by the learned Civil Judge allowing the respondent-plaintiff's application und...

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Bombay High Court Dismisses Appeal Against Injunction in Trade Mark Infringement Suit. Prior user of trade mark 'City Collection' entitled to interim protection despite pending registration under Trade Marks Act, 1999.

The appeal arose from an order of injunction passed in a Trade Mark Suit filed by the respondents (plaintiffs) temporarily restraining the appellant (...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Appellate Order Granting Temporary Injunction in Property Dispute. Appellate Court's interference with trial court's discretionary order upheld where trial court failed to consider relevant material and prima facie case was established.

The petitioners, Mrs. Jennifer Mascarenhas and Mr. Januario Mascarenhas, filed a writ petition in the High Court of Bombay at Goa challenging an order...

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Bombay High Court Dismisses Railway's Challenge to Temporary Injunction in Favour of Educational Society for Use of Approach Road. Court upholds appellate order restraining obstruction of road constructed on shivdhura of survey no. 348 based on Tahsildar's permission and prima facie findings.

The petitioners, officers of the Central Railway, challenged the judgment dated 21/1/2010 of the 4th Additional District Judge, Nagpur in MCA No. 230/...