Search Results for "perpetual injunction"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
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Search Results for "perpetual injunction"

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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...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Returning Plaint for Want of Pecuniary Jurisdiction in Suit for Injunction and Damages. The Court Held That for Order VII Rule 11 CPC, Only Plaint Averments Are Relevant, Not Evidence.

5 Aug 2022

The appellant, Bharat Bhushan Gupta, filed a suit for mandatory and prohibitory injunction and recovery of damages against the respondents, Pratap Nar...

Supreme Court

Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute Regarding Suit for Permanent Injunction. Civil Court Jurisdiction for Injunction Suits Involving Waqf Property is Not Barred Under Section 85 of Waqf Act, 1995 When Dispute Does Not Involve Questions About Nature of Property.

28 Oct 2021

The dispute originated from a suit filed by the plaintiff (first respondent) against the defendant (appellant) and others for mandatory and permanent ...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute Between Brothers — Upholds Concurrent Findings of Ownership and Possession. Sale Deed in Plaintiff's Name Conclusive Evidence of Title Under Transfer of Property Act, 1882.

19 Dec 2012

The dispute in this case revolves around a property, Gat No.729, situated at village Khamgaon, Taluka Phaltan, District Satara, measuring 2 hectares a...

High Court

Bombay High Court Upholds Trial Court's Order Allowing Oral Evidence in Temporary Injunction Proceedings Under Order 39 Rule 1 CPC. The Court has inherent jurisdiction to permit oral evidence for just and effective adjudication of interim injunction applications.

27 Apr 2018

The petitioner, Babulal Onkardas Kabra, was the original defendant in a suit filed by the respondents, Nilesh, Shailesh, and Rakesh Pukhraj Rathod, in...

High Court

Bombay High Court Allows Appeal in Wrongful Arrest of Vessel Case — Duty to Mitigate Under Section 73 Contract Act Does Not Apply to Undertaking Under Rule 941 of Bombay High Court (Original Side) Rules, 1980. The court held that the undertaking under Rule 941 is a contractual obligation independent of the duty to mitigate damages, and the plaintiff must pay damages as per the undertaking without reduction for failure to mitigate.

5 Nov 2014

The case involves an appeal by Rainbow Ace Shipping S.A., the owner of the vessel MV Rainbow Ace, against an order of the learned single Judge of the ...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Suit Challenging Compromise Decree. Interpretation of Kachhi Properties Judgment Clarified: No Automatic Stay of Execution Proceedings Upon Filing of Suit for Declaration that Decree is Void.

8 Apr 2011

The Bombay High Court heard two appeals from orders rejecting temporary injunction applications. The first appeal (AO 884/2010) challenged an order da...

High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction Against DRT Proceedings in Receivables Assignment Dispute. Court holds that civil suit for cancellation of indemnity and hypothecation deeds cannot restrain recovery proceedings before DRT under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

21 Feb 2014

The Plaintiff, Rentworks India Pvt. Ltd., provided equipment on lease to Subhiksha Trading Services Pvt. Ltd. under a Master Rental Agreement (MRA). D...

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...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Under Specific Relief Act, 1963 - Collaboration Agreement Involving Continuous Obligations Barred from Specific Performance Under Section 14(1)(b). Injunction Granted to Restrain Marketing of Brand Products Till Agreement Expiry Date, with Termination Found Invalid.

18 Feb 2022

The dispute arose from a collaboration agreement dated 01.11.1994 between the Appellant, Universal Petro-Chemicals Ltd., and Respondent No.3, Aral Akt...

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