Search Results for "long cause suit"

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Search Results for "long cause suit"

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Supreme Court

Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

20 Jan 2022

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

High Court

Bombay High Court Allows Contempt Application Against Respondent for Willful Breach of Injunction Order in Trademark Infringement Suit. Use of 'NOVA MINI' mark and similar artistic work held to be deceptively similar to registered trademark 'NOVA' and artistic work, constituting contempt under Order XXXIX Rule 2A CPC.

13 Jul 2026

The applicant, Dr. Ashok M. Bhat, is the registered proprietor of the trademark 'NOVA' and an artistic work used for brilliantine hair cream. In 2007,...

High Court

High Court of Karnataka Allows Writ Petition Challenging Trial Court Order on Memo for Additional Issues in Suit for Partition and Injunction. Court Holds That Trial Court Erred in Rejecting Memo Without Considering Its Merits and That the Memo Was Not Barred by Res Judicata or Constructive Res Judicata.

2 Jul 2026

The petitioners, who are the plaintiffs in O.S. No.30/2007 pending before the Principal Civil Judge and JMFC, Gowribidanur, filed a suit for partition...

High Court

Bombay High Court Upholds Trial Court's Order Permitting Withdrawal of Suit with Liberty to File Fresh Suit Under Order XXIII Rule 1(3) CPC — Defect in Map and Incomplete Prayers Constitute Formal Defect.

7 Apr 2017

The case arises from a civil revision application filed by the original defendant, Kashinath Badhe, challenging an order of the trial court dated 07/0...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Court holds that a suit for specific performance of an agreement to sell is not barred by limitation when the agreement is undated and the plaintiff alleges continuous readiness and willingness.

20 Aug 2011

The appellant, Sunil Agrawal, filed Special Civil Suit No. 510 of 2010 in the court of Civil Judge, Senior Division, Aurangabad, seeking specific perf...

High Court

Bombay High Court Dismisses Judgment Debtor's Objection to Execution of Decree Based on Jurisdictional Challenge Under Section 39(4) CPC. Court Holds That Section 39(4) CPC Does Not Bar Execution by the Court That Passed the Decree When the Property Is Situated Outside Its Local Limits.

20 Apr 2005

The present chamber summons arose out of a suit filed by ICICI Ltd, as Debenture Trustees, against Kothri Industrial Corporation Ltd and others for re...

High Court

High Court of Karnataka Dismisses Appeal in Injunction Suit — Upholds Trial Court's Finding of Possession in Favor of Plaintiffs. The court held that the appellant-defendant failed to prove her title and possession over the suit property, and the plaintiffs established their prior possession and entitlement to injunction under Section 38 of the Specific Relief Act, 1963.

9 Dec 2020

The case involves a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, by the unsuccessful defendant No.2, C.N. Leelava...

High Court

Bombay High Court Allows Revision Application in Rent Control Eviction Suit — Tenant's Deposit of Arrears Within 90 Days of Suit Summons Held Sufficient Under Section 15(3) of Maharashtra Rent Control Act, 1999. The court found that the trial court's finding that the application for deposit was filed on 10 October 2005 was perverse, as it was actually filed on 3 May 2005, and the deposit made on the next working day after a holiday was valid.

30 Aug 2024

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 26 Fe...

Supreme Court

Supreme Court Allows Appeal Against Review Order Deleting Possession Finding in Property Dispute. The High Court exceeded its review jurisdiction under Order 47 Rule 1 CPC by deleting a finding on possession based on non-framing of issue, which was not an error apparent on the face of the record.

3 Nov 2020

The Supreme Court allowed an appeal against the High Court's order in a review petition that deleted a paragraph from its earlier judgment in a proper...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Case — Review Jurisdiction Improperly Exercised by High Court. The Court held that the High Court's review order did not satisfy the grounds under Order 47 Rule 1 CPC and was an abuse of process.

2 Jul 2019

The present appeal arises from a long-standing property dispute concerning premises No. 43, Prithviraj Road, New Delhi. The property originally belong...

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