Search Results for "plaintiff's assertion"

799 result(s) found

Scroll Down To Discover

Found 799 result(s)

© Image Copyrights Juris Services & Technology

High Court of Bombay at Goa Dismisses Second Appeal in Property Suit — Appellants Not Defendants in Original Suit. The court held that the appellants, who were not parties to the original suit, cannot challenge the decree as they were not defendants and the suit was not collusive.

The case involves a second appeal filed by the appellants, who claimed to be the defendants in Regular Civil Suit No.54/2001. However, upon examinatio...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Possession — Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960 Held Mandatory but Not Required When Suit Is Against Society in Respect of Its Business.

The petitioner, Pimpri Refugee Industrial Co-operative Society, challenged the concurrent judgments of the trial court and the first appellate court w...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Heir to Join Testamentary Suits as Party-Defendant in Will Dispute. Daughter of Predeceased Brother Held to Have Sufficient Interest in Estate of Testator Without Children.

The judgment concerns two Chamber Summonses filed by Jyotsna Rasiklal Maniar, who claims to be the daughter of Prabhudas Chaganlal Mehta, the predecea...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Plaintiff's Suit for Trade Mark Infringement and Passing Off Against Defendants Over 'SUNCONTROL' Mark. The Court held that 'SUNCONTROL' is descriptive and not distinctive, and that the plaintiff failed to establish secondary meaning or likelihood of confusion.

The plaintiff, Garware Polyester Limited, filed a suit for trade mark infringement and passing off against 3M Company and 3M India Limited, alleging t...

© Image Copyrights Juris Services & Technology

Bombay High Court Grants Decree of Possession and Mesne Profits to Purchasers in Suit for Ejectment of Trespassers Based on Title. Unregistered Agreement for Sale Does Not Confer Title or Right to Possession Without Payment of Consideration.

The plaintiffs, Sharad Shantilal Chheda and Taruna Anil Chheda, filed a suit in the Bombay High Court seeking a decree of possession and mesne profits...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Letters Patent Appeal against decree for possession and mesne profits dismissed as no substantial question of law or perversity found in concurrent findings of fact.

The present Letters Patent Appeal arises from a judgment and decree passed by a Single Judge of the Bombay High Court in First Appeal No. 133/1976, wh...

© Image Copyrights Juris Services & Technology

High Court of Bombay at Goa Allows Appeal Against Remand Order in Property Dispute — Deed of Settlement Interpretation. First Appellate Court Exceeded Jurisdiction Under Order XLI Rule 27 CPC by Allowing Additional Evidence Without Proper Grounds.

The appellant, Shrikrishna Vasudev Patil, filed an appeal against the judgment and decree dated 27/12/2010 passed by the District Judge-2, North Goa, ...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Allows Writ Petition Challenging Trial Court Order on Memo for Additional Issues in Suit for Partition and Injunction. Court Holds That Trial Court Erred in Rejecting Memo Without Considering Its Merits and That the Memo Was Not Barred by Res Judicata or Constructive Res Judicata.

The petitioners, who are the plaintiffs in O.S. No.30/2007 pending before the Principal Civil Judge and JMFC, Gowribidanur, filed a suit for partition...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration and possession dismissed as plaintiff failed to prove title and possession.

The case involves a property dispute between Mahaboob Bi (appellant) and the legal representatives of Sharfunnisa (respondents). The appellant filed a...