Search Results for "separate suit maintainability"

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

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High Court of Karnataka Considers Commercial Appeal Against Trial Court's Refusal to Grant Interim Injunctions in Trademark Infringement Suit. The Court Addresses Preliminary Objection Regarding Maintainability of the Suit and Appeal Without Board Resolution.

The dispute traces back to a family-run jewellery business started in 1869 by C.Krishnaiah Chetty at No.35, Commercial Street, Bangalore. Over generat...

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Bombay High Court Dismisses Appeal by Qatar Airways Against Maintainability of Summary Suit for Recovery of Rs. 59.22 Lakhs. Foreign Company Not Entitled to Sovereign Immunity Under Section 86 CPC as It Is a Commercial Entity, Not a Foreign State.

The respondent, Shapoorji Pallonji & Co., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 against the appellant, Qatar Ai...

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Karnataka High Court Hears Appeal Against Trial Court Decree for Declaration and Possession of Party Premises; Issues of Maintainability of Representative Suit and Effect of Election Commission Recognition on Property Rights Considered

The dispute concerns premises No.3, Race Course Road, Bangalore, claimed by the Indian National Congress through its Karnataka Pradesh Congress Commit...

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Bombay High Court Dismisses Letters Patent Appeal as Not Maintainable Against Single Judge Order in Landlord-Tenant Dispute. Appeal Under Clause 15 of Letters Patent Not Maintainable Where Single Judge Exercises Supervisory Jurisdiction Under Article 227 Over Civil Court Orders.

The case arose from a landlord-tenant dispute. The respondents (landlords) had filed a civil suit for eviction of the appellant (tenant). The trial co...

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High Court of Karnataka Dismisses Revision Petition in Property Suit — Order 2 Rule 2 CPC Bar Not Applicable. Petitioner's claim of res judicata based on earlier execution proceedings fails as the suit is for different relief.

The petitioner, P.M. Gopi, filed a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) against an order dated 5.9.2013 pass...