Search Results for "Order 39 Rules 1 and 2 CPC"

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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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Supreme Court of India Held Appellants Guilty of Contempt for Disobedience of Undertaking Regarding Alienation of Suit Property

Disobedience of an injunction order remains punishable even if the underlying suit is later dismissed (Samee Khan v. Bindu Khan). A lawyer’...

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Supreme Court Remands Case to High Court for Fresh Hearing Due to Inconsistent Order and Lack of Reasons in Injunction Dispute. The High Court's order granting injunction to both parties was set aside as it failed to consider that the plaintiff's injunction application was not appealed.

The appellant, Shri Revansiddeshwar Pattan Sahakari Bank Niyamit, was defendant No. 2 in a civil suit filed by respondent No. 1, Taluka Tokrekoli (Amb...

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Supreme Court Allows Appeals Against Revocation of Patent for Bt Cotton Technology, Remands for Trial on Patent Validity and Infringement Issues. The Court held that patent validity under Section 3(j) of the Patents Act, 1970 cannot be summarily decided without trial and requires expert evidence.

The Supreme Court heard a batch of appeals arising from a suit for permanent injunction filed by Monsanto Technology LLC and others (plaintiffs) again...