Search Results for "injunction simplicitor"

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Search Results for "injunction simplicitor"

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High Court

Bombay High Court Allows Second Appeal in Property Dispute, Holds That Bar Under Section 47 CPC Does Not Apply to Persons Not Bound by Previous Decree. The Court ruled that the lower appellate court erred in applying the bar of Section 47 read with Order XXI Rule 101 CPC to a suit filed by persons who were not parties to the earlier decree.

11 Mar 2016

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant (original defendant) against the judg...

High Court

Bombay High Court Allows Appeal in Property Injunction Case — Suit for Injunction Simpliciter Not Maintainable When Specific Performance Is Available. Section 41(h) of Specific Relief Act, 1963 Bars Injunction Where More Efficacious Relief of Specific Performance Is Not Sought.

17 Feb 2012

The appellant, original defendant no.1, owned a flat. On 6 June 2008, he allegedly agreed to sell it to the respondent no.1 (plaintiff) for Rs.40 lakh...

High Court

High Court of Bombay at Goa Dismisses Petition Challenging Rejection of Plaint Rejection Application in Injunction Suit. Court holds that valuation for court fees and jurisdiction in a suit for injunction simplicitor is based on the relief claimed, not the subject matter value, and that Order VII Rule 11(b) CPC cannot be invoked for undervaluation without first seeking correction of valuation.

15 Oct 2018

The petitioner, Mr. Agnelo Gregorio Jose Simoes, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 16/09...

High Court

Bombay High Court Dismisses Revision Against Order Rejecting Plaint for Non-Payment of Court Fees in Suit for Specific Performance. Court Held That Under Section 4 of the Maharashtra Court Fees Act, 1959, Court Fees Must Be Paid on the Market Value of the Property as on the Date of Suit, Not on the Consideration Amount.

30 Nov -0001

The case involves a civil revision application filed by the applicants (original plaintiffs) against an order of the trial court rejecting their plain...

High Court

Bombay High Court Allows Second Appeal in Injunction Suit Over Disputed Land Grant — Maintainability of Suit for Injunction Simpliciter Without Declaration of Title Questioned When Title Itself Is Disputed. The court held that a suit for permanent injunction without a prayer for declaration is not maintainable when the plaintiff's title is seriously disputed, and the appellate court erred in applying interim order principles and shifting the burden of proof.

28 Mar 2014

The case involves a second appeal before the High Court of Bombay at Goa arising from a suit for permanent injunction filed by the respondents (Smt. S...

High Court

Bombay High Court Dismisses Contempt Petition for Alleged Violation of Injunction in Trademark Infringement Suit. Court holds that petitioner failed to prove willful disobedience of injunction order under Trade Marks Act, 1999.

10 Mar 2011

The petitioner, Hindustan Petroleum Corporation Ltd., filed a contempt petition against the respondents, H.P. Oil Corporation Ltd. and its directors, ...

High Court

Bombay High Court Dismisses Second Appeal in Injunction Suit Over Agricultural Land — Concurrent Findings of Fact Upheld. Court holds that no substantial question of law arises under Section 100 CPC when both lower courts have consistently found possession in favour of the plaintiff.

7 Apr 2005

The case involves a second appeal filed by the original defendants (appellants) against a decree of injunction granted in favour of the original plain...

High Court

Bombay High Court Upholds Appointment of Court Commissioner in Perpetual Injunction Suit — Review Rejected as Not Maintainable. The court held that appointment of a Court Commissioner under Order 26 Rule 9 CPC is a procedural order not amenable to review under Order 47 Rule 1 CPC, and that the trial court did not exceed its jurisdiction in appointing a commissioner to ascertain the identity and extent of the suit property.

28 Aug 2019

The petitioners, defendants in Regular Civil Suit No.98 of 2008, challenged two orders passed by the 5th Joint Civil Judge, Junior Division, Pune: (1)...

High Court

Bombay High Court Upholds Injunction in Favor of Tenant in Land Dispute with Agricultural Corporation. The court restored the trial court's interim injunction protecting the petitioner's possession based on prima facie tenancy rights and balance of convenience.

22 Dec 2017

The petitioner, Baliram Dagadu Mundfane, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order dated...

High Court

Bombay High Court Allows Petition in Court Fees Dispute for Injunction Suit. Suit for Simplicitor Injunction Falls Under Section 6(iv)(j) of Bombay Court Fees Act, Not Section 6(iv)(d) for Possession.

13 Feb 2013

The case involves a writ petition filed by the Plaintiffs (Lalchand Kalro and others) against the Respondents (Neeraj Lalchand Kalro and others) chall...

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