Search Results for "Plaint averments"

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Bombay High Court Allows Amendment of Plaint in Property Dispute — Technical Defect of Verification Cured. Amendment sought for correcting property description and challenging subsequent notice is allowed as no prejudice caused to other side.

The petitioner, original plaintiff, filed a suit for declaration that a notice dated 29th January 2008 issued by the first respondent (Commissioner of...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Trademark Infringement and Passing Off Suit. Court upholds Single Judge's order granting leave under Clause 14 of Letters Patent to combine passing off claim with infringement action despite territorial jurisdiction issues.

The case involves two appeals arising from orders of a learned Single Judge of the Bombay High Court in Suit No.2727 of 2011. The appellant, Shree Sia...

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Madras High Court Grants Decree for Possession and Arrears in Commercial Lease Dispute — Tenant Failed to Pay Rent and Vacate Premises. Landlord Entitled to Recovery of Possession, Rental Arrears, Damages for Use and Occupation, and GST with Interest at 18% Per Annum.

The plaintiff, Faisal Khan, filed a suit in the High Court of Judicature at Madras seeking recovery of possession of his commercial property located a...

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High Court of Karnataka, Dharwad Bench Adjudicates Regular First Appeal and Cross Objection Against Trial Court's Partial Decree in Suit for Declaration and Injunction. Court Addresses Maintainability, Adoption Validity, and Ancestral Property Claims.

The Regular First Appeal and Cross Objection arose from a judgment and decree of the Principal Senior Civil Judge, Bagalkot, in O.S. No.57/2010, a sui...

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High Court of Bombay Adjudicates Appeal Against Remand Order in Suit for Possession, Where Defendant Sought to Introduce Counter-claim for Specific Performance. Appellate Court's Decision to Allow Amendment and Remand Challenged on Grounds of Limitation and Delay.

The litigation originated from an agreement to sell agricultural land bearing Field Survey No. 161 of Mouza Wanoja-Devi, executed on 9 February 1975 b...

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High Court of Bombay Upholds Maintainability of Suit on Valuation for Court Fee and Jurisdiction in Patent Ownership Dispute. Suit Valuation at Plaintiff's Discretion Under Sections 8 and 9 Bombay Court Fees Act, 1959, Cannot Be Overruled Absent Evidence of Incorrect Valuation.

The suit was filed by Jer Rutton Kavasmaneck and another against Gharda Chemicals Ltd. and others seeking declarations, injunctions, and accounts rega...