Search Results for "Order XXXIX CPC"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
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Search Results for "Order XXXIX CPC"

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High Court

High Court of Karnataka Allows Writ Petition Challenging Interim Maintenance Order in Partition Suit — Inherent Power Under Section 151 CPC Cannot Be Used to Grant Maintenance Without Specific Provision. Court holds that interim maintenance cannot be granted in a partition suit under Section 151 CPC as there is no specific provision for such relief.

14 Mar 2019

The petitioners, defendants 1 to 4 in a partition suit, challenged an order dated 17.11.2018 passed by the LXXIII Additional City Civil and Sessions J...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Trade Mark Infringement Suit. Prior user of trade mark 'City Collection' entitled to interim protection despite pending registration under Trade Marks Act, 1999.

28 Feb 2017

The appeal arose from an order of injunction passed in a Trade Mark Suit filed by the respondents (plaintiffs) temporarily restraining the appellant (...

High Court

High Court Upholds Appellate Court's Grant of Temporary Injunction in Easement Dispute Based on Sale Deed Recital. The court affirmed the plaintiff's entitlement to an approach way as an easement by grant under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, due to a prima facie case and balance of convenience favoring injunction.

6 Apr 2026

The dispute involved a writ petition filed by the original defendant challenging the Appellate Court's judgment that allowed an appeal and granted tem...

Supreme Court

Supreme Court Allows Electricity Board to Complete Sub-Station in Land Dispute Case. Balance of Convenience and Public Interest Outweighs Alleged Possession Claims.

4 Jan 2019

The dispute pertains to a land measuring about 3.61 acres in Jamshedpur, Jharkhand. The respondents (plaintiffs) claimed that their mother, late Smt. ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Bank's Refusal to Release Fixed Deposits Pending Civil Suit — Bank's Obligation to Act on Court Order Not on Private Letters

1 Dec 2023

The petitioner, Rajesh Kumar Shetty, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka ...

High Court

Bombay High Court Upholds Civil Imprisonment for Breach of Injunction in Property Dispute. Willful Disobedience of Court Order Under Order 39 Rule 2-A CPC Attracts Punishment Despite Pending Appeal.

24 Dec 2025

The case involves a family dispute over land Gut No.84. The appellants (Vijaykumar and Anilkumar Kucheriya) filed Regular Civil Suit No.250 of 2015 fo...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case — Directs Arbitral Tribunal to Reconsider Interim Deposit Order in Light of Force Majeure Clause. Court holds that while passing interim measures under Section 17 of the Arbitration and Conciliation Act, 1996, the Arbitral Tribunal must consider the force majeure clause and the bonafide dispute raised by the lessee, and cannot direct deposit of 100% rental amount without prima facie evaluating the applicability of such clause.

28 Mar 2022

The dispute arose from two lease agreements between Evergreen Land Mark Pvt. Ltd. (appellant-lessee) and John Tinson & Company Pvt. Ltd. & Anr. (respo...

High Court

Bombay High Court Dismisses Notice of Motion for Interim Relief in Specific Performance Suit Due to Non-Compliance with Order XXXIX Rule 3 CPC. Plaintiffs Failed to Make Out Prima Facie Case for Appointment of Receiver or Injunction.

26 Jul 2013

The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in...

High Court

Trademark Dispute: Examination of Ex-Parte Injunction and Material Disclosure Obligations.

25 Oct 2024

The case concerns a trademark dispute where Dharampal Satyapal Foods Ltd., the defendant, sought to vacate an ex-parte injunction granted to Parle Pro...

High Court

Gujarat High Court Allows Second Appeals in Rent Fixation Cases, Remands for Fresh Consideration. Court Holds That Appellate Court Erred in Dismissing Appeals Without Merits Under Section 11(3) of Bombay Rent Act.

3 Mar 2026

The present batch of Second Appeals under Section 100 of the Code of Civil Procedure, 1908, arises from a common judgment and order passed by the lear...

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