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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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Madras High Court Dismisses Second Appeal in Property Dispute, Upholds Concurrent Findings on Title and Possession. Plaintiff's Title Based on Registered Sale Deed and Long-Standing Possession Prevails Over Defendant's Claim of Adverse Possession.

The case involves a property dispute between the plaintiff, N. Natarajan, and the defendants, A. David (appellant) and A. Dennis. The plaintiff filed ...

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High Court of Bombay Considers Interim Motions in Suit by Foreign Trustees for Recovery of Assets Allegedly Concealed in India. The Court Examines Whether Plaintiffs Have Made Out Prima Facie Case for Disclosure and Deposit Orders Based on US Bankruptcy Court Findings.

The suit was filed by ITC Ltd., acting as trustees in bankruptcy of Suresh Chitalia, Devang Chitalia, EST Fibres Inc., and Lokman Establishment, to re...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC where courts below concurrently found that plaintiffs failed to prove title and possession.

The appellants, legal representatives of the original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, agains...

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Bombay High Court Grants Temporary Injunction Against Defendant in Trademark Infringement and Passing Off Case. Plaintiff's Registered Mark 'RISO' for Rice Bran Oil Protected Against Deceptively Similar Mark 'RISOLITE' Under Trade Marks Act, 1999.

The Plaintiff, Kamani Oil Industries Pvt. Ltd., filed a suit against Bhuwaneshwar Refineries Pvt. Ltd. seeking a perpetual injunction for trademark in...

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Bombay High Court Dismisses Application to Bring Legal Heirs on Record After 24-Year Delay in Specific Performance Suit. Condonation of Delay Refused as Plaintiff's Mistaken Belief Does Not Constitute Sufficient Cause Under Order 22 Rule 9 CPC.

The case involves a Chamber Summons taken out by the plaintiff (Sunil Gupta) in a suit filed in 1989 for specific performance of an agreement dated 15...

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Bombay High Court Dismisses Notice of Motion Seeking Interim Relief to Enforce Foreign Judgment — Foreign Judgment Not Deemed Decree Until Suit Decided; No Prima Facie Case for Interim Attachment of Properties.

The plaintiffs, Dhirajlal alias Dhirubhai Babaria and Ashwin alias Ashwinbhai Babaria, both citizens of the United States, filed a suit in the Bombay ...

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Bombay High Court Holds Suit Maintainable Despite Absence of Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960 — Reliefs Against Society Are Consequential, Not Adversarial

The plaintiff, Kumar Tarachand Laungani, filed a suit against his brother, Deepak Tarachand Laungani (defendant no.1), and Shikarpuri Co-operative Hou...