Search Results for "equitable principle"

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High Court Dismisses Second Appeal by Pendente Lite Purchasers in Partition Suit Execution — Objections Under Order XXI Rule 97 Barred Due to Lis Pendens. Consent Decree in Appellate Court Not Proved Collusive; Rigors of Section 52 Transfer of Property Act Apply.

The present second appeal arose from execution proceedings in a partition suit that commenced in 1974. The original plaintiff Shankarrao Kanakdande ha...

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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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Bombay High Court Hears Challenge to Tender Condition Preferring State-Registered Tank Trucks in LPG Transportation Contracts. Transporters Challenged Preference Given to State-Registered Tank Trucks as Arbitrary and Violative of Section 46 of Motor Vehicles Act, 1988.

The petitioners, transporters from Gujarat, challenged a condition in the e-tender floated by Indian Oil Corporation Limited for Bulk LPG transportati...

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Bombay High Court Hears Arbitration Appeal Against Order Setting Aside Arbitral Award in Family Business Dispute. Dispute Centers on Inclusion of Agricultural Lands Held by Individual Family Members in Family Asset Separation Process.

The appeal arose from a family dispute within the Malhotra family of Pune, who owned and controlled several businesses including Weikfield Products Co...

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Bombay High Court Dismisses Purchaser's Challenge to SARFAESI Action; Sale During Injunction Void. Sale of Mortgaged Property During Pendency of Injunction Order Held Void; Purchaser Has No Right to Question Prior Equitable Mortgage Under Section 58(f) of Transfer of Property Act.

The writ petition challenged the orders of the Debts Recovery Appellate Tribunal (DRAT) and the Debts Recovery Tribunal (DRT) dismissing the petitione...

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Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit Despite Defendant's Preliminary Objections. Plaintiff's Mark 'ESSEL' Found to Have Acquired Distinctiveness and Defendant's Use Likely to Cause Confusion.

The plaintiff, Essel Propack Ltd., filed a suit in 2010 against Essel Kitchenware Ltd. and another defendant for trademark infringement and passing of...

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Bombay High Court Dismisses Plaintiff's Interim Application in Copyright Suit Over Film 'Adipurush' — Credit Already Granted in Character Assets. Court holds that once credit is given, the grievance is addressed and no interim relief is necessary.

The plaintiff, Trishul Media Entertainment, filed a Commercial IPR Suit and Interim Application seeking ad-interim relief including credit in the film...