Search Results for "illiterate defendant"

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Search Results for "illiterate defendant"

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High Court

High Court of Karnataka Dismisses Revision Petitions in Land Dispute Case — Upholds Trial Court's Order Refusing to Set Aside Ex Parte Decree. Court holds that the petitioners failed to show sufficient cause for their absence and that the trial court's discretion under Order IX Rule 13 CPC was properly exercised.

5 Feb 2024

The case involves two civil revision petitions filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) by the petitioners, who were defenda...

High Court

Bombay High Court Dismisses Plaintiff's Copyright Infringement Claim Against Film 'Umeed' — No Substantial Similarity Found. Court holds that ideas and themes are not copyrightable under the Copyright Act, 1957, and that the plaintiff failed to establish access or copying.

15 Jan 2020

The plaintiff, Shivani Tibrewala, a writer/director, filed a suit alleging copyright infringement by the defendants, Rajat Mukherjee and others, in re...

High Court

Bombay High Court Grants Permanent Injunction in Trademark Infringement Suit — Macleods Pharmaceuticals Ltd. v. Swisskem Healthcare & Anr. — 'PANDERM' and 'POLYDERM+' Held Deceptively Similar. The Court held that the marks are structurally and phonetically similar, and the Defendant's use is likely to cause confusion, especially in medicinal products where a high degree of care is expected.

2 Jul 2019

The Plaintiff, Macleods Pharmaceuticals Ltd., filed a suit for trademark infringement and passing off against the Defendants, Swisskem Healthcare and ...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Will Succession — Finds Appellate Court Erred in Reversing Trial Court's Findings on Will Validity. The Court held that the first appellate court failed to consider that the plaintiffs did not challenge the will of Ambadas in favour of Kasabai and that the defendant had become owner by virtue of two valid wills.

5 Mar 2019

The dispute pertains to agricultural fields Gat No.112 and 113 situated at village Kopra Jankar. Ambadas Damodar Bhalerao, a bachelor priest, owned th...

High Court

High Court of Bombay Allows Second Appeal in Possession Suit Based on Sale Deed — Burden of Proof on Plaintiff to Show Absence of Undue Influence When Fiduciary Relationship Exists. The court set aside the decree of the lower appellate court and remanded the matter for fresh consideration, holding that the plaintiff, being in a fiduciary relationship with the deceased illiterate vendor, had the onus to prove that the sale deed was not obtained by undue influence or fraud under Section 16 of the Indian Contract Act, 1872 and Section 111 of the Indian Evidence Act, 1872.

11 Jun 2015

The case involves a second appeal arising from a suit for possession of property based on a registered sale deed dated 04.07.1983 executed by Smt. Bha...

High Court

Bombay High Court Dismisses Probate Petition for Will Allegedly Obtained by Fraud and Undue Influence — Will Not Proved as Genuine Due to Suspicious Circumstances and Failure to Examine Attesting Witnesses.

15 Sep 2014

The case pertains to a petition for Letters of Administration with the Will of Mangesh Pandurang Rege dated 1st October 1971. The original petitioner,...

High Court

Bombay High Court Allows Second Appeal in Possession Suit — Sale Deed Prevails Over Tenancy Claim. Court holds that the defendant's registered sale deed from 1960, executed by the plaintiff's brother under a power of attorney, establishes ownership and extinguishes any landlord-tenant relationship, reversing the lower appellate court's decree for possession.

30 Jul 2014

The case involves a second appeal filed by the defendants (appellants) against the judgment and decree dated 28.11.2003 passed by the 3rd Ad hoc Addit...

High Court

High Court of Karnataka Quashes Order Returning Plaint in Suit for Possession and Mesne Profits — Held That Court Fee Valuation Determines Jurisdiction, Not Market Value of Property. Dispute pertained to suit for possession and mesne profits where trial court ordered return of plaint for lack of pecuniary jurisdiction based on market value, but High Court held that under Section 7(v) of the Karnataka Court Fees and Suits Valuation Act, 1958, court fee is payable on the amount claimed as mesne profits, and jurisdiction is determined by that valuation.

7 Mar 2014

The judgment arises from three writ petitions filed by the defendants (M/s Vasudeva Rao & Sons and its partner) challenging a common order dated 12.3....

High Court

Bombay High Court Allows Defendant to File Written Statement in Civil Suit Due to Inadvertence and Old Age. The court set aside the trial court's order rejecting the application to file written statement, holding that the suit should be decided on merits rather than on technicalities.

28 Feb 2006

The case involves a writ petition filed by the defendant (Pundlik Laxman Kawarse and another) challenging an order dated 12.04.2005 passed by the Civi...

High Court

Bombay High Court Dismisses Impleadment Application in Property Suit — Plaintiffs Fail to Establish Prima Facie Title or Possession. Order 1 Rule 10 CPC requires direct legal interest; vague claims of possession without documentary evidence insufficient for impleadment.

30 Nov -0001

The judgment pertains to a Notice of Motion filed by the plaintiffs in a suit seeking a declaration of ownership and possession of a property. The pla...

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