Showing : 61-70 of 1469 Results

KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 3-- Ex parte temporary injunction - Once Court says that compliance of O.39.R.3 CPC should be made, it means that it should be within 24 hours - Passing further order giving 3 days time for paying deficient process fee or furnishing copies of plaint for issuance of summons, cannot in any way be linked..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 3A-- Ex parte temporary injunction order - Disposal of application within 30 days - Court can vacate or modify the order only when defendant files his written statement and statement of objection to the application or an application U.O.39.R.4 CPC - If Court has to come to a contrary opinion, it is..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 3A-- Ex parte temporary injunction order - Disposal of application within 30 days - Plea that defendant gets a right of appeal if application is not decided within 30 days - Held, that right is always available only when he is ready to argue by putting forth his defence...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52-- Temporary injunction - Pendente lite purchaser - Part of property purchased by party during pendency of partition suit - Would disentitle him to equitable relief of temporary injunction due to his conduct, particularly when he has knowledge about pendency of partition suit...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Defendants are registered owners of suit land and in possession of the same - Neither prima facie case found in favour of plaintiff nor balance of convenience or any irreparable injury - Interim injunction rightly refused by trial Court - Appellate Court while affirming said..........
DELHI HIGH COURT
Year of decision: 2017
Details
Patents Act, 1970, Section 48, Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 10, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015-- Patent - Infringement - Summary judgment passed without recording evidence when defendant failed to present written statement U.O.8.R.10 CPC - Plaintiffs entitled to decree U.O.13A of Act, 2015 as said provision empowers Court to pass summary judgment without recording evidence, if it appears that..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 1, 10, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 151-- Limitation to file written statement - Condonation of delay - As per proviso to O.8.Rr.1, and second proviso to O.8.R.10 CPC has effect of barring on filing of written statement beyond 120 days from date of service of summons - In the instant case right to file written statement was closed before..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Contract Act, 1872, Section 23, 28, Copyright Act, 1957, Section 62, Trade Marks Act, 1999, Section 134-- Ad-interim injunction - Infringement of copyright - Territorial jurisdiction - In the instant case, Cl.29 of agreement is clear and unambiguous and parties by said clause have bound themselves that in any matter arising between them under said agreement, Court of `K' alone will have jurisdiction -..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 151-- Attachment before judgment - Furnishing of security - Recovery suit - Defendant sold suit properties just after service of summons of suit - No prejudice would be caused to defendant in case, he submits appropriate security of Rs.5,50,000 as directed by trial Court - Prima facie case in favour of..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Status quo order - Validity - Whenever under exceptional circumstances, status quo order is granted instead of temporary injunction, it is incumbent upon Court to give finding as to particulars of status quo that it wants to be maintained - Impugned order of granting status..........

Showing : 61-70 of 1469 Results