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Karnataka High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree for Declaration and Injunction. First Appellate Court's Reversal Set Aside for Ignoring Documentary Evidence and Failing to Frame Proper Points for Determination Under Order 41 Rule 31 CPC.

The appellant, Kum. Harshada S., filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree da...

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Karnataka High Court Refers Rival Will Claims to Trial Court in Suit for Partition Under Section 96 of Code of Civil Procedure, 1908. The Court Ordered Enquiry to Determine Legal Representatives of Deceased Plaintiff Pending Appeal Against Preliminary Partition Decree.

The dispute originated as a suit for partition of joint family properties filed by the daughters of late Venkatarayappa (plaintiffs 1-3) and the widow...

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Bombay High Court Grants Injunction in Trademark Infringement Case: 'ROFOL' vs 'PROFOL'. Prior Registration of 'ROFOL' by Plaintiff in 1992 Entitles Injunction Against Defendant's Deceptively Similar Mark 'PROFOL' Under Section 29 of Trade and Merchandise Marks Act, 1958.

The plaintiff, M/s. Neon Laboratories Limited, filed a suit for infringement and passing off against the defendants, M/s. Medical Technologies Ltd. an...

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Bombay High Court Allows Appeal in Bond Trustee Case — Appoints Receiver and Grants Injunction Against Alienation of Assets. Trustee entitled to protect bondholders' interests where corporate debtor defaulted on convertible bonds and attempted to transfer business to related parties.

The Bank of New York Mellon, as trustee for bondholders, filed a suit against Zenith Infotech Ltd. and others after Zenith defaulted on repayment of U...

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Supreme Court Partially Allows Appeal in Specific Performance Suit — Decree Limited to Co-owner's Share Only. Agreement to Sell by One Co-owner Cannot Bind Other Co-owner's Share Without Authority Under Hindu Succession Act, 1956.

The appeals arose from a suit for specific performance of an agreement to sell dated 24.4.1979 concerning property at 1B, Palace Road, Bangalore. The ...

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Bombay High Court Dismisses Appeal in Derivative Suit Challenging Sale of Shares by Company Management. Minority Shareholders' Challenge to Sale of Bajaj Hindustan Ltd Shares Fails as Court Finds No Prima Facie Case of Fraud or Mismanagement.

The appellants, minority shareholders of Bachharaj & Company Pvt Ltd, filed a derivative suit challenging the proposed sale of 3,46,96,250 shares of B...

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Bombay High Court Dismisses Appeal in Derivative Suit Challenging Sale of Shares by Company Management. Minority shareholders' challenge to sale of shares under family settlement fails as court finds no prima facie case for interim relief.

The appellants, Madhavlal Narayanlal Pittie and others, filed a derivative suit in 2008 against Bachharaj & Company Pvt Ltd and others, challenging th...

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Bombay High Court Dismisses Appeal for Specific Performance of Contract Due to Non-Compliance with Condition Precedent. Agreement for Sale of Land Reserved for Public Purpose Required Dereservation as Condition Precedent, Which Was Not Fulfilled by Plaintiff.

The appellant-plaintiff, Pooja Katare, through her power of attorney holder, filed a suit for specific performance of an agreement dated 16.05.2010 wi...

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Bombay High Court Quashes Order Permitting Legal Representatives to Adduce Further Evidence in Partition Suit — Legal Representatives Adopting Deceased Defendant's Written Statement Cannot Set Up Independent Defence Without Being Impleaded in Personal Capacity.

The petitioner, original plaintiff, filed a suit for declaration, partition, separate possession and permanent injunction against the respondents. Ori...