Search Results for "Plaint averments"

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High Court of Karnataka Dismisses Revision Petition Against Rejection of Plaint Rejection Application in Trust Property Suit. Order VII Rule 11(d) CPC Application Rejected as Plaint Disclosed Cause of Action and Was Not Barred by Law.

The petitioner, a defendant in a suit filed by the first respondent (a public trust), challenged the order dated 12.03.2015 passed by the II Additiona...

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High Court of Karnataka Allows Second Appeal in Mortgage Redemption Suit — Appellant Entitled to Redemption Despite Delay. Court holds that a mortgagor's right to redeem continues until foreclosure or sale, and mere delay does not extinguish the right unless there is a decree for foreclosure.

The present appeal arises from a suit for redemption of mortgage filed by the appellant (plaintiff No.2) along with respondent No.2 (plaintiff No.1) a...

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Karnataka High Court Hears Regular First Appeal Against Dismissal of Permanent Injunction Suit Over Agricultural Land. Suit Involves Claims of Ownership and Interference by Co-operative Societies and Site Owners Association.

The case originated from a suit for permanent injunction filed by the plaintiff against three defendant societies/associations concerning agricultural...

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High Court of Bombay Considers Attachment Before Judgment in Foreign Judgment Enforcement Suit. Prima Facie Case Assessed Under Order 38 Rule 5 CPC in Suit for Decree Based on Swiss Court Judgment.

The Bombay High Court was hearing three notices of motion in a suit for enforcement of a foreign judgment under Section 13 of the Code of Civil Proced...

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High Court of Karnataka Hears Regular First Appeals Against Trial Court's Part-Decreed Partition Suit. Appeals Challenge Findings on Validity of Wills and Codicils Executed by Parents in Dispute Over Joint Family Properties.

The case involved two regular first appeals under Section 96 of the Code of Civil Procedure, 1908, filed against the judgment and decree dated 03.01.2...

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Bombay High Court Considers Infringement of Well-Known Mark 'Raymond' in Domain Name for Dissimilar Goods; Discusses Scope of Section 29(4) of Trade Marks Act, 1999. Domain Name 'raymondpharma.com' Not Found to Infringe 'Raymond' Mark Under Section 29(4) Due to Dissimilar Goods and Prior Litigation Bar.

The dispute arose from the Plaintiff Raymond Limited's claim that the Defendant Raymond Pharmaceutical Pvt. Ltd. infringed its well-known registered t...

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Bombay High Court Rules in Favor of Wife Challenging Family Court's Amendment Order in Divorce Proceedings Under Order VI Rule 17 CPC. Trial Commences Upon Filing of Affidavit in Lieu of Evidence, Making Post-Commencement Amendment Subject to Proviso Due Diligence Requirement.

The dispute arose from matrimonial proceedings between a wife and husband. The husband had filed a divorce petition under Section 13(1)(i-a)(i-b) of t...

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Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Bonafide Requirement of Landlord Upheld. Tenant's Claim of Availability of Alternate Premises Rejected as Landlord Cannot Be Compelled to Use Residential Premises for Commercial Purpose Under Maharashtra Rent Control Act.

The case involves a Civil Revision Application filed by the defendant-tenant (Parshuram Chunilal Kanojiya) challenging the eviction decree passed by t...