Search Results for "stay of suit"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "stay of suit"

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High Court

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.

13 Sep 2024

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...

High Court

Bombay High Court Allows Writ Petition Challenging Stay of Suit Under Section 10 CPC. Trial Court Erred in Staying Subsequent Comprehensive Suit When Earlier Suit Was Only for Injunction and No Counterclaim Was Filed.

5 Dec 2016

The petitioners filed a writ petition challenging an order dated 11.03.2015 passed by the trial court allowing an application under Section 10 of the ...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit Despite Defendant's Preliminary Objections. Plaintiff's Mark 'ESSEL' Found to Have Acquired Distinctiveness and Defendant's Use Likely to Cause Confusion.

10 Mar 2016

The plaintiff, Essel Propack Ltd., filed a suit in 2010 against Essel Kitchenware Ltd. and another defendant for trademark infringement and passing of...

High Court

Bombay High Court Allows Writ Petition Challenging Stay of Suit Under Section 10 CPC — Later Suit for Possession Not Barred by Earlier Suit for Declaration and Injunction. Section 10 CPC does not apply when the earlier suit does not involve the issue of possession, as the matter in issue is not directly and substantially the same.

12 Mar 2014

The petitioner, Dnyanoba Balbhim Salunke, filed a writ petition challenging an order dated 24/07/2013 passed by the Joint Civil Judge, Junior Division...

High Court

Bombay High Court Dismisses Revision Against Refusal to Stay Suit on Ground of Res Judicata — Previous Suit Against Different Party Does Not Bar Subsequent Suit Against Different Defendants. Section 10 CPC Requires Same Parties for Stay; Inherent Powers Under Section 151 Cannot Be Used to Bypass Statutory Conditions.

5 Mar 2014

The present Civil Revision Application was filed by the applicants (defendants in Regular Civil Suit No.515 of 2007) against the order of the 8th Join...

High Court

Bombay High Court Upholds Stay of Civil Suit Pending Arbitration in Joint Venture Dispute. Arbitration Clause in Joint Venture Agreement Mandates Reference to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996.

24 Dec 2013

The petitioner, M/s Eagle AgroFarm Private Limited, owned certain properties and entered into a Joint Venture Agreement dated 9 May 2006 with Responde...

High Court

Bombay High Court Allows Writ Petition Challenging Stay Order Under Section 10 CPC — Stay Cannot Be Granted Before Issues Are Framed. The court held that an application for stay under Section 10 CPC is not maintainable unless issues are framed in the suit, as the identity of the matter in issue can only be ascertained after framing of issues.

21 Aug 2013

The petitioner, Mr. Shaikh Hamid Ali Nasir Ali, filed a Writ Petition challenging an order dated 19 January 2013 passed by the learned Judge, City Civ...

High Court

Bombay High Court Allows Writ Petition, Quashes Trial Court Order Staying Suit Pending Tenancy Determination. Court holds that civil suit for possession based on licence must proceed on framed issues; tenancy issue arises only if plaintiff fails to prove licence.

6 Aug 2013

The petitioner, Raichand Sobhagchand Shah, filed a writ petition challenging an order dated 6.2.2006 passed by the trial court in Regular Civil Suit N...

High Court

Bombay High Court Dismisses Petition Seeking Stay of Suit Pending Probate Proceeding — No Automatic Stay of Civil Suit Under Section 10 CPC When Probate Proceeding Is Not a Previously Instituted Suit

19 Mar 2013

The petitioner, Chandrashekhar Kashinath Patange, filed a writ petition challenging the order dated 6/7/2012 passed by the City Civil Court, Greater B...

High Court

Bombay High Court Dismisses Petition for Stay of Suit Under Section 10 CPC — No Identity of Subject Matter Between Two Suits. The court held that a suit for dissolution of partnership and accounts is not directly and substantially the same as a suit for induction as a partner and injunction, and therefore Section 10 CPC does not apply.

23 Dec 2005

The petitioners, M/s. Sadguru Constructions and another, filed a writ petition challenging an order dated 6.10.2005 passed by the 8th Joint Civil Judg...

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