Search Results for "avoid multiplicity"

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Bombay High Court Grants Leave Under Clause XIV of Letters Patent to Join Infringement and Passing Off Claims in Single Suit. The court allowed joinder of passing off claim arising outside jurisdiction with infringement claim within jurisdiction to avoid multiplicity of suits.

The plaintiffs, registered proprietors of the trademark 'Cafe Madras', filed a suit for infringement and passing off against the defendants who opened...

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Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

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Bombay High Court Dismisses Writ Petitions Challenging Impleadment of Co-owners in Suit for Possession. Order 1 Rule 10 CPC Allows Addition of Parties with Direct Interest in Subject Matter to Avoid Multiplicity of Suits.

The petitioners, Sitaram Deorao Pawar and Totaram Deorao Pawar, filed two separate writ petitions challenging an order dated 6/11/2003 passed by the J...

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Bombay High Court Dismisses Appeal Against CLB Order in Company Law Dispute Over Share Transfer and Oppression. Court upholds CLB's refusal to dismiss petition under Section 397/398 of Companies Act, 1956, finding prima facie case of oppression and mismanagement.

The judgment arises from a company appeal filed under Section 10F of the Companies Act, 1956, by M/s. Gharda Chemicals Limited and others against an o...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Bombay High Court Allows Wife's Amendment in Divorce Petition to Claim Maintenance and Alimony Despite Trial Commencement. Court holds that due diligence requirement under Order 6 Rule 17 CPC is satisfied when party was not advised by previous counsel about available reliefs.

The petitioner-wife filed a divorce petition (P.A. No.746 of 2011) seeking dissolution of marriage. She later realized that she had not claimed mainte...