Search Results for "temporary injunction"

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Bombay High Court Allows Writ Petition, Sets Aside Executing Court Order Declining Injunction Due to Functus Officio. Executing Court Retains Jurisdiction Under Section 47 CPC Even After Sending Precept to Collector for Partition, Can Grant Ancillary Reliefs.

The dispute arose from a protracted partition litigation spanning nearly six decades. A decree for administration of an estate and partition was pass...

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Bombay High Court Allows Appeal in Contractual Dispute Over Force Majeure Extension of Conducting Agreement. Force Majeure Clause Invoked Due to COVID-19 Pandemic Extends Term of Agreement by Equivalent Period.

The appeal arose from an order dated 27 September 2022 passed by the City Civil Court at Mumbai dismissing the appellant's Notice of Motion in Suit No...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Civil Judge's Order Refusing Temporary Injunction in Suit for Declaration and Injunction — Petitioner Failed to Establish Prima Facie Case for Injunction Under Order 39 Rules 1 and 2 CPC.

The petitioner, Shri Jacinto Da Silva, filed a civil suit before the Civil Judge, Senior Division, Margao, seeking a declaration of title and permanen...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit by 'VOGUE' Magazine Owner Against 'JUST IN VOGUE' Retail Services. Well-Known Mark 'VOGUE' Protected Against Use for Dissimilar Services Under Section 29(4) of Trade Marks Act, 1999.

The Plaintiffs, Advance Magazine Publishers, Inc. and its subsidiary, are the proprietors and users of the trademark 'VOGUE' in respect of magazines a...

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High Court of Karnataka Allows Revision Against Restoration of Possession in Execution Proceedings — Compromise Decree Set Aside Without Notice to Decree Holder Violates Natural Justice. Order XXI Rule 99 CPC Application Cannot Be Decided Without Hearing the Decree Holder.

The petitioner, Smt. Leelavathi, filed a civil revision petition under Section 18 of the Karnataka Small Causes Courts Act, 1964, challenging an order...

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High Court of Karnataka Dismisses Appeal Against Interim Injunction in Child Custody Dispute — Appeal Not Maintainable Under Order 43 Rule 1 CPC as Order is Not Appealable

The appellant, Smt. Savitha B.P., filed a suit (O.S. No. 14/2015) before the VI Additional Principal Family Judge at Bengaluru seeking a declaration t...

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High Court of Bombay Delivers Judgment in Writ Petition Challenging Revocation of Slaughter Licenses by Municipal Corporation; Questions of Arbitrariness and Natural Justice Violation Examined Under Mumbai Municipal Corporation Act, 1888.

The Bombay Suburban Khatik Association, an association of butchers and mutton vendors, filed a writ petition under Article 226 of the Constitution cha...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Slum Rehabilitation Tenement Dispute. Court holds that Trial Court erred in not considering balance of convenience and irreparable loss while rejecting injunction under Order 39 Rules 1 and 2 CPC.

The appellants, Fayzan Khan, Devendra Mishra, Firoz Ismail Khan, and Rajesh Kanojiya, filed a suit in the City Civil Court at Dindoshi seeking a decla...