Search Results for "plaintiff's assertion"

796 result(s) found

Scroll Down To Discover

Found 796 result(s)

© Image Copyrights Juris Services & Technology

Supreme Court Dismisses Suit for Resumption of Gift Land After 45 Years Due to Limitation and Lack of Evidence. Oral Gift in 1953 for Services Held to Be Absolute Transfer; Condition for Reverter Not Established.

The case involves a dispute over 38 Bighas 8 Biswas of land in Punjab. In 1953, Rai Bahadur Randhir Singh made an oral gift of the land to Sanwalia, R...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Third Party Claim in Execution Proceedings — Minor's Ownership Claim Over Attached Flat Rejected for Lack of Evidence. Co-Partnership Society Flat Allotted to Judgment Debtor's Father Cannot Be Claimed by Minor Grandson Without Proof of Transfer.

The case involves execution proceedings arising from a decree passed in Summary Suit No.491 of 1999 on 18th March 2002 in favor of the Judgment Credit...

© Image Copyrights Juris Services & Technology

Bombay High Court Grants Injunction Against Defendant for Infringing Registered Trade Mark 'Indian Express' in Devnagari Script. The Court held that use of the mark in Devnagari script constitutes infringement and passing off, rejecting the defence of honest concurrent use.

The Plaintiffs, The Indian Express Limited and Indian Express Newspapers (Mumbai) Ltd., are the owners and proprietors of the well-known 'Indian Expre...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Dismisses Review Petition in Civil Procedure Code Case — No Error Apparent on Face of Record. Review Petition under Order XLVII Rule 1 read with Section 114 CPC fails as petitioner seeks re-argument on merits, not review of error.

The High Court of Karnataka at Bengaluru, presided over by Hon'ble Mr. Justice S Sunil Dutt Yadav, delivered a CAV order on 16.12.2025 in Review Petit...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Second Appeal in Partition Suit, Restores Trial Court's Dismissal. Failure of Lower Appellate Court to Frame Points for Determination Under Order 41 Rule 31 CPC Renders Reversal Judgment Unsustainable.

The present second appeal arises from a partition suit filed by the original plaintiffs (respondents no.1 to 8) against the original defendants (appel...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Writ Petition Challenging Suo Motu Recall of Impleadment Order in Specific Performance Suit. Trial Court's Order Set Aside for Violating Natural Justice as Affected Party Was Not Heard.

The petitioner, Sk. Naser, brother of respondent No.1, sought impleadment as plaintiff No.2 in a suit for specific performance of contract for sale of...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Appeal Against Dismissal of Suit for Non-Prosecution Due to Prior Waiver of Service. The Court held that the Trial Court erred in dismissing the suit when the defendant corporation had already been directed to waive service by a prior order dated 31st March 2001.

The appellants, M/s. Ratnagiri Hotels Pvt. Ltd. and others, filed a suit (L.C. Suit No.1736 of 2001) against the Municipal Corporation of Greater Bomb...