Search Results for "Limitation Act, 1908"

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Suit Challenging Compromise Decree. Interpretation of Kachhi Properties Judgment Clarified: No Automatic Stay of Execution Proceedings Upon Filing of Suit for Declaration that Decree is Void.

The Bombay High Court heard two appeals from orders rejecting temporary injunction applications. The first appeal (AO 884/2010) challenged an order da...

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KAHC010525052012_1

The litigation originated from a suit for partition and declaration filed by the plaintiff, D. Sujatha, against the legal representatives of the origi...

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Bombay High Court Dismisses Appeal Against Refusal of Anti-Arbitration Injunction in Facilitation Deed Dispute. Court Holds That Arbitral Tribunal Has Competence to Decide Validity of Underlying Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The appeal arises from a commercial dispute between MSM Satellite (Singapore) Pte Ltd. (Sony) and World Sport Group (Mauritius) Limited (WSG) concerni...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Show Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The present second appeal was filed by the original plaintiffs (appellants) challenging the concurrent judgment and decree passed in Special Civil Sui...

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Bombay High Court Dismisses Appeal in Property Partition Suit — Upholds Trial Court's Refusal to Reopen Consent Terms. Consent Terms Recorded in Earlier Suit Are Binding and Cannot Be Reopened Without Proof of Fraud or Collusion Under Order 23 Rule 3 of CPC.

The appellant, Mrs. Geeta Patkar, filed First Appeal No. 18 of 2014 against the judgment and order of the trial court in Special Civil Suit No. 55 of ...

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Bombay High Court Allows Refund of Stamp Duty Despite Delay in Filing Application Under Section 48(1) of Maharashtra Stamp Act. Limitation Bars Remedy Not Right, State Cannot Retain Double Stamp Duty on Same Transaction.

The petitioner, Nanji Dana Patel, entered into a development agreement with Keshav Krishanlal Syngal on 3 March 2014, paying stamp duty of Rs.78,65,00...

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Bombay High Court Grants Interim Injunction to Plaintiff in Trademark Infringement and Passing Off Case. The court restrained the defendant from using deceptively similar 'PRINCE' and crown device marks for PVC pipes, finding a strong prima facie case of infringement and passing off.

The plaintiff, Prince Pipes and Fittings Ltd., a Mumbai-based company, has been using the mark 'PRINCE' and a 'crown device' since 1987 for manufactur...

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Bombay High Court Upholds Decree for Specific Performance of Contract in Property Sale Dispute. Suit for specific performance of agreement to sell house decreed as plaintiff proved readiness and willingness to perform her part of contract.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by original defendant No. 2, Venunath Sambha More, cha...