Search Results for "Negative covenant"

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Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
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Search Results for "Negative covenant"

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Supreme Court

Supreme Court Allows Bank's Appeal, Upholds Liquidated Damages Clause in Employment Contract. Clause requiring employee to pay Rs. 2 lakhs for resigning before three years held valid under Section 27 of Indian Contract Act, 1872, and not opposed to public policy.

14 May 2025

The Supreme Court allowed the appeals filed by Vijaya Bank and another against the judgment of the High Court of Karnataka which had quashed clause 11...

Supreme Court

Supreme Court Quashes FIR Against Company in Contract Dispute Under Section 482 CrPC Due to Absence of Prima Facie Offence. Allegations of Suppression of Restrictive Covenant in Sub-Contract Merely Constitute Civil Breach, Not Criminal Offences Under Sections 406, 420, 467, 468, 471 read with Section 34 IPC, as Complaint Essentially Seeks Recovery of Dues.

28 Apr 2025

The Supreme Court heard an appeal against a High Court judgment that refused to quash an FIR registered against a company and its officers under Secti...

Supreme Court

Supreme Court Allows Assessee's Appeal in Income Tax Dispute Over Non-Compete Fee Taxability. Amount Received Under Deed of Covenant Held as Capital Receipt Not Taxable Under Section 28(ii)(a) of Income Tax Act, 1961, Due to Separate Genuine Transaction and Procedural Error in High Court's Judgment.

22 Jul 2020

The appeal concerned the assessment year 1995-96 involving Shri Shiv Raj Gupta, Chairman and Managing Director of Central Distillery and Breweries Ltd...

High Court

Bombay High Court Dismisses Petition Challenging Injunction in Non-Compete Clause Dispute. Temporary Injunction Granted to Restrain Former Employee from Competing with Employer for Three Years Based on Contractual Non-Compete Agreement.

16 Aug 2018

The petitioner, Tapas Kanti Mandal, was employed by Cosmo Films Ltd. as a manager in its Research and Development Department from May 2003. He resigne...

High Court

Bombay High Court Upholds Arbitrator's Interim Injunction in Franchise Dispute Over Trademark Use. Negative Covenant in Franchise Agreement Restrains Use of Mark Containing 'Kamats' After Termination.

27 Jul 2017

The dispute arose out of a franchise agreement dated 24 March 2011 between Deepak Thorat (Petitioner) and Vidli Restaurant Ltd. (Respondent), with Vit...

High Court

Bombay High Court Allows Second Appeal in Partnership Act Bar Case — Agreement Held as Licence Not Lease. Suit for Eviction by Unregistered Partnership Firm Not Barred Under Section 69(2) of Indian Partnership Act, 1932 as Right to Evict Trespasser Arises from Common Law.

13 Mar 2015

The case involves a second appeal filed by M/s Hotel Satkar, an unregistered partnership firm, against the dismissal of their suit for eviction of the...

High Court

Bombay High Court Upholds Eviction Decree Against Tenant for Change of User from Residential to Commercial. Tenant's Use of Premises for Storing Cloth Packages and Business Constitutes Change of User Under Rent Control Legislation.

18 Mar 2013

The case involves a Civil Revision Application filed by the original defendants (tenants) challenging the judgment and decree of the lower Appellate C...

High Court

Bombay High Court Dismisses Revision by National Textile Corporation in Eviction Suit — Lease Deed Interpretation and Notice Validity Under Transfer of Property Act, 1882. Court upholds concurrent findings that lease was for 99 years with renewal clause, and notice of termination was valid under Section 106.

22 Oct 2012

The respondent, Byramjee Jeejeebhoy Pvt. Ltd., is the owner of a suit plot admeasuring 45,022 square yards and another portion of 153 square yards at ...

High Court

Bombay High Court Allows Appeals in Trademark Infringement and Passing Off Case — Interim Injunction Set Aside Due to Lack of Prima Facie Case and Balance of Convenience. The court held that the plaintiff failed to establish a strong prima facie case for trademark infringement under the Trade Marks Act, 1999 as the mark was originally owned by the joint venture company and the assignment was disputed.

28 Jul 2011

The case involves two appeals against a common judgment and order dated 23.12.2004 passed by the learned Single Judge in Notice of Motion No.553 of 20...

High Court

Bombay High Court Dismisses Tenant's Writ Petition Challenging Eviction Order in Rent Control Case — Subletting and Default in Payment of Rent Established. The court upheld the appellate judgment reversing the trial court's dismissal of the landlord's eviction suit under the Maharashtra Rent Control Act, 1999.

4 Jan 2010

The case involves a landlord-tenant dispute under the Maharashtra Rent Control Act, 1999. The landlords (respondents) filed a suit for eviction agains...

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