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Bombay High Court Grants Injunction in Trademark Infringement and Passing Off Suit Over 'BADEMIYA' Mark. Plaintiffs' registered trademarks 'BADEMIYA'S' and 'BADEMIYA' in Classes 29 and 42 are infringed by defendant's use of 'BADEMIYAN' for similar food business.

The plaintiffs, a partnership firm and its partners, filed a suit for trademark infringement and passing off against the defendant. The plaintiffs' bu...

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COMMERCIAL APPEAL NO. 371 OF 2019

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High Court of Karnataka Dismisses Second Appeal in Declaration and Possession Suit — Substantial Question of Law Not Pressed. Amendment to plaint seeking both declaration and recovery of possession renders the framed question of law infructuous.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant against the judgment and decree dated...

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Karnataka High Court Hears Second Appeals on Validity of Gift Deed and Revocation Deed in Joint Family Property. The Appeals Concern Whether a Gift Deed by a Karta Is Void against Coparceners and Whether a Revocation Deed Is Illegal.

The litigation arose from two suits concerning a house property bearing Municipal No. 8-11-181/800 in Raichur, claimed as joint family property of whi...

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High Court of Karnataka Sets Aside Trial Court Judgment for Lack of Reasons in Declaration and Injunction Suit — Remands for Fresh Disposal. Court finds that the Trial Court failed to discuss evidence or assign reasons on issues framed, rendering the judgment unsustainable under Order 20 Rule 4(2) CPC.

The appellant, who was the defendant in the original suit, challenged the judgment and decree dated 23 June 2014 passed by the XLIII Additional City C...

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Madras High Court Allows Second Appeal in Recovery of Possession Case — Sale Deed Valid Despite Non-Execution of Rental Agreement. Plaintiff's title established through registered sale deed and possession handed over; defendant's denial of tenancy does not negate ownership.

The plaintiff (since deceased, represented by legal heirs) filed a suit for recovery of possession and arrears of rent against the defendant. The plai...