Search Results for "notice under CPC"

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Search Results for "notice under CPC"

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High Court

Bombay High Court Hears Appeal Against Decree on Admission in Commercial Suit — Decree for Rs.4.25 Crores Granted on Alleged Admission in Claim for Rs.22.66 Crore

14 Jun 2024

The appeal arises from an order dated 28 April 2023 passed by a learned Single Judge of the Bombay High Court in Notice of Motion No. 2393 of 2019 in ...

Supreme Court

Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

7 Aug 2019

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

High Court

Bombay High Court Grants Permanent Injunction in Trademark Infringement Suit: Sun Pharma's 'SUN' Mark Protected Against 'ABSUN'. Deceptive similarity established as dominant feature 'SUN' is common; addition of prefix 'AB' insufficient to distinguish under Section 29(2)(b) of Trade Marks Act, 1999.

22 Apr 2026

The plaintiff, Sun Pharmaceutical Industries Ltd., filed a suit seeking a permanent injunction to restrain the defendant, Satej M. Katekar, proprietor...

High Court

High Court of Karnataka Quashes Temporary Injunction Restraining Gram Panchayat President in Election Dispute — Rule 14 of Karnataka Panchayath Raj (Election of Adhyaksha and Upadhyaksha of Gram Panchayath) Rules, 1995 Bars Civil Court from Granting Injunction in Election Matters.

3 Sep 2015

The petitioner, Sri Malappa, was elected as President of Vatadahosahalli Gram Panchayat following elections held on 2 June 2015 under the Karnataka Pa...

High Court

Bombay High Court Dismisses Application to Strike Off Defence in Foreign Award Enforcement Proceedings. Security Deposit Condition Not a Bar to Defend Petition on Merits Under Order 39 Rule 11 CPC and Section 49 of Arbitration and Conciliation Act, 1996.

4 Oct 2012

The petitioners, Pacific Basin Handymax (UK) Ltd., filed a Notice of Motion under Order 39 Rule 11 of the Code of Civil Procedure, 1908, seeking to st...

Supreme Court

Supreme Court Reinstates Suit Filed by Legal Heirs in Partnership Dispute, Overturning High Court's Rejection of Plaint. The Court held that the plaint disclosed a cause of action under Order VII Rule 11 of the Code of Civil Procedure, 1908, and issues of partnership dissolution and legal heirs' rights under the Indian Partnership Act, 1932, are mixed questions of fact and law to be decided at trial.

21 Sep 2021

The dispute arose from a civil suit filed by the legal heirs of deceased partners of the partnership firm 'Soorajmull Nagarmull', seeking declarations...

Supreme Court

Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

26 Nov 2021

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

High Court

High Court of Karnataka Allows Appeal in Partition Suit — Order II Rule 2 CPC Bar Not Applicable to Defendants. Held that defendants in a partition suit are not required to claim their share and the bar under Order II Rule 2 CPC does not apply to them, setting aside rejection of plaint.

30 Jun 2023

The case involves a Regular Second Appeal filed by Revanamma against the judgment and decree of the Senior Civil Judge at Chittapur in O.S. No. 36 of ...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order 7 Rule 11 CPC Not Applicable When Plaint Discloses Cause of Action. Court holds that rejection of plaint under Order 7 Rule 11 CPC is permissible only if the plaint does not disclose a cause of action, and the court cannot go beyond the averments in the plaint.

11 Mar 2022

The appellant, Sri Nath M.S., filed a suit for partition and separate possession of suit schedule properties against the respondents, who are his fami...

High Court

High Court of Karnataka Allows Insurance Company to File Additional Written Statement in Motor Accident Claim — Tribunal's Rejection of Application Set Aside on Ground of Natural Justice. The Court held that the Tribunal ought to have permitted the insurer to file an additional written statement to ensure a fair trial, as no prejudice would be caused to the claimants.

13 Nov 2014

The respondents, being the legal representatives of the deceased Ravi @ Ravikumar, filed a claim petition under the Motor Vehicles Act, 1988 before th...

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