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Gujarat High Court Allows Restoration of Suit Dismissed for Default Due to Counsel's Negligence. Negligence of Advocate Constitutes Sufficient Cause for Condonation of Delay Under Section 5 of Limitation Act, 1963 and Order 9 Rule 13 CPC.

The petitioners, legal representatives of Sardar Himmatbhai Khokar, filed a Regular Civil Suit No.794 of 2002 seeking cancellation of a sale deed date...

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High Court of Gujarat Hears Appeal Against Rejection of Interim Injunction in Trademark Infringement and Passing Off Suit. The Court Examines Whether Trial Court Erred in Denying Interim Protection Despite Registered Device Mark and Alleged Joint Use of the 'Kshetrapal' Mark.

The dispute centered on the use of the trademark 'Shree Kshetrapal' / 'Kshetrapal Construction' by two individuals in the construction business in Guj...

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High Court of Karnataka Hears Regular First Appeals in Specific Performance and Permanent Injunction. Trial Court Dismissed Specific Performance Suit and Decreed Injunction; Plaintiff's Claim of Agreement to Sell and Possession Not Accepted, Subsequent Purchaser's Possession Protected.

The Regular First Appeals arose from a common judgment dated 13.09.2005 by the I Additional City Civil and Sessions Judge, Bengaluru, in two suits: O....

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Bombay High Court Allows Amendment of Written Statement in Civil Suit — Liberal Approach to Pleadings Under Order 6 Rule 17 CPC. The court held that an amendment to amplify an existing plea should be liberally allowed before trial, and the due diligence requirement is not an absolute bar.

The petitioner, Shri Cesar Augusto do Rego Fernandes, filed a writ petition challenging an order of the Civil Judge, Junior Division at Panaji, which ...

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Bombay High Court Quashes Interception Orders in CBI Corruption Case for Lack of Reasons and Public Emergency. Orders under Section 5(2) of Indian Telegraph Act, 1885 set aside as they merely recited statutory language without recording cogent reasons demonstrating public safety or public emergency.

The petitioner, Shyamalendu Kumar Das, a Deputy Chief Labour Commissioner (Central), challenged two orders dated 9 March 2018 and 17 March 2018 passed...

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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order in Suit for Specific Performance — Petitioner Failed to Establish Prima Facie Case for Interim Injunction Under Order 39 Rules 1 and 2 CPC.

The petitioners, legal representatives of the original plaintiff Smt. Venkamma Namasivayam, filed a suit for specific performance of an agreement to s...