Search Results for "Ex-Parte Order"

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Bombay High Court Continues Ex-Parte Injunction in Copyright and Trademark Infringement Suit Over ATYATI Device Mark. The Court found no suppression by the Plaintiff and held that the Defendants' adoption of a deceptively similar logo without explanation warranted continuation of the injunction.

The present suit was filed by the Plaintiff, a company engaged in IT solutions, alleging infringement of its copyright in the ATYATI device mark, infr...

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High Court of Karnataka Allows Husband's Appeal in Divorce Case on Ground of Desertion — Sets Aside Trial Court's Dismissal of Petition. Marriage Dissolved Under Section 13(1)(ib) of Hindu Marriage Act, 1955 as Wife's Absence for Over 7 Years Constitutes Desertion.

The appellant, Bhimrao S/o Namdev Savnt, filed a petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955, seeking dissolution of his marriage...

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Bombay High Court Dismisses Insurance Company's Revision Against MACT Award for Lack of Permission Under Section 170 of Motor Vehicles Act. Insurance Company Cannot Challenge Award on Merits Without Tribunal's Permission When Owner and Driver Are Exparte.

The Oriental Insurance Co. Ltd. filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgment an...

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High Court of Karnataka Allows Defendants in Copyright Infringement Suit, Quashes Ex Parte Injunction for Non-Compliance with Order XXXIX Rule 3 CPC. Trial Court Failed to Record Reasons or Issue Notice Before Granting Ex Parte Injunction, Violating Mandatory Provisions of CPC.

The petitioners, Paramvah Studios Pvt. Ltd. and its Managing Director Rakshit Shetty, were defendants in a suit filed by Lahari Recording Company (res...

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Bombay High Court Sets Aside Ex Parte Decree in Summary Suit Due to Lack of Proper Service of Summons. Delay of 164 Days Condoned as Defendant Demonstrated Good Cause for Non-Appearance Under Order XXXVII of CPC, 1908.

The plaintiff, Fountainhead Promotions & Events Pvt Ltd, filed a Summary Suit No. 874 of 2010 against the defendant, Gitanjali Lifestyle Limited, clai...

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Bombay High Court Dismisses Writ Petitions Challenging Concurrent Findings in Specific Performance Suit — Agreement to Sell Not Proved Due to Lack of Independent Witnesses and Discrepancies in Evidence.

The petitioner, Narmadabai Baburao Harde, filed two writ petitions under Article 227 of the Constitution of India challenging the concurrent judgments...