Search Results for "variance between pleadings and proof"

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Trade Mark Infringement Suit — Appellant's Prior User and Registration of Mark 'Shriphal' Establishes Prima Facie Case for Injunction.

The appellant, M/s. Mysore Deep Perfumery Household, a partnership firm engaged in manufacturing and exporting agarbatti, scent, perfume, camphor, dho...

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Bombay High Court Directs Official Liquidator to Adjudicate Workmen's Claims in Winding Up of KMA Ltd. Under Sections 529A and 530 of Companies Act, 1956. The court held that the Official Liquidator must consider the Industrial Court's order dated 2 July 2005 in adjudicating claims of workmen.

The judgment concerns two company applications filed in the winding up proceedings of KMA Ltd. (in liquidation). Company Application No. 593 of 2011 w...

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Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

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High Court of Karnataka Upholds Constitutional Validity of Section 53-A CrPC for Medical Examination of Accused in Rape Cases. Challenge to police notice for medical examination dismissed as Section 53-A is not violative of Article 20(3) or Article 21 of the Constitution.

The petitioner, Shreemad Jagadguru Shankaracharya Shree Shree Raghaveshwara Bharati Swamiji, filed a writ petition under Articles 226 and 227 of the C...

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Supreme Court Affirms Interim Maintenance for Wife and Son in Matrimonial Dispute. Court Frames Guidelines on Maintenance Under Section 125 Cr.P.C. and Other Enactments to Ensure Uniformity and Consistency.

The case arises from an application for interim maintenance filed by the wife and minor son under Section 125 Cr.P.C. The wife left the matrimonial ho...

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Bombay High Court Decides Arbitration Petition Challenging Award in Advertising Rights Tender Dispute. Court Examines Arbitral Award Under Section 34 of the Arbitration and Conciliation Act, 1996.

The arbitration petition arose from a tender floated by Brihanmumbai Electric Supply and Transport Undertaking (BEST) on 9 November 2018 for allotment...