Search Results for "Order XXXIX Rule 11(2)"

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High Court Sets Aside MACT Order Deleting Insurance Company in Motor Accident Claim -- Premature Deletion Without Evidence Violates Natural Justice -- Reinstatement of Party for Proper Adjudication Under Motor Vehicles Act

The High Court of Bombay at Goa allowed a writ petition challenging an order of the Motor Accidents Claims Tribunal (MACT) that deleted Bajaj Allianz ...

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High Court of Karnataka Dismisses Writ Petition in Trademark Infringement Case, Upholds Trial Court's Refusal to Stay Suit Pending Rectification. Civil Court Has Concurrent Jurisdiction to Decide Infringement and Validity of Trademark Under Section 124 of Trade Marks Act, 1999.

The petitioners, M/s. Sri Laxmi Balaji Industries and M/s. Sri Laxmi Vinayaka Rice Industries, filed a writ petition under Articles 226 and 227 of the...

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Supreme Court Quashes Division Bench Order in Trade Mark Infringement Suit Due to Non-maintainable Intra-court Appeal. The Single Judge's Order Granting Time to File Affidavit-in-Opposition Was Not a 'Judgment' Under Clause 15 of Letters Patent, Making the Appeal Inadmissible.

The dispute arose from a civil suit filed by the respondent-plaintiff against the appellant-defendants for infringement of the registered trade mark '...

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High Court of Bombay at Aurangabad Allows Correction of Clerical Error in MACT Judgment — Mistake in Identifying Driver as Owner of Vehicle. Section 166 Motor Vehicles Act, 1988 — Tribunal's refusal to correct error set aside; liability shifted to insurance company.

The petitioners, original respondent Nos. 1 and 2 in a Motor Accident Claim Petition, challenged an order of the Motor Accident Claims Tribunal dated ...

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High Court Allows Appeal Against Trial Court's Order Setting Aside Its Own Restoration Order Without Jurisdiction. Trial Court Cannot Rectify Its Own Error Under Order XXXIX Rule 11(2) CPC as It Becomes Functus Officio.

The appeal arises from an order dated 25.8.2015 passed by the Civil Judge, Senior Division, Akola in M.J.C. No. 937/2014. The appellant, Purushottam N...