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Showing : 21-30 of 363 Results

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 6 -- Dispossession - Suit for recovery of possession - Plaintiff was having settled possession after having purchased plot in question and had also constructed house as well as wall for which necessary documents produced on record - Settled possession is thus, clearly made out which means that possession is effective, undisturbed and is..........

MADRAS HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents which defendants propose to mark are in no way connected with suit property - Such documents are irrelevant documents and not material to facts in issue in the case - Even there is no pleading in written statement regarding such documents - No reasons were substantiated by..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 48 -- Priority of rights created by transfer - Two sales deed in single plot - There is no whisper regarding membership or allotment date of scheduled property - Documentary evidence reveals about boundaries of schedule property, his application and issuance of sale certificate and also same being registered - Even, documentary..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with a condition to re-purchase - Sale and agreement to re-purchase embodied in separate documents - Defendant agreed to re-convey the property subject to repayment being made as provided in agreement of sale - Since amount was not paid by plaintiff, defendant acquired absolute right..........

MADRAS HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW1 for re-examination - Plaintiff case is that in order to prove that her vendor was in absolute possession of suit property and after the purchase by her she is in possession, certain additional documents are required to be marked - Application not filed to fill up lacuna in the plaint - Plaintiff..........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Trade Marks Act, 1999, Section 27, 29 -- Infringement of Trademark - Passing off - Difference - Infringement of trademark means violation of exclusive rights granted to registered proprietor under the Act to use the same in relation to the goods or service in respect of which trademark is registered - Whereas Passing off of a trademark is a tort actionable under common law..........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Trade Marks Act, 1999, Section 2, 29 -- Infringement of Trademark - There is sufficient documents on record to show that plaintiff No.1 is registered proprietor of the trademark `SWETON' - Moreover, mark of plaintiff `SWETON' and mark of defendant `SWEETON' is deceptively similar and identical - Looking at mark with artistic, visual, phonetic and structural standpoints,..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 38 -- Permanent injunction - Report of Local Commissioner as to raising some construction by defendant - Plaintiff did not enter witness box - However, his brother who is co-sharer in the suit land entered the witness box claimed to be in possession of suit land but did not depose about defendant having raised the construction over the..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Land in question contended to be agricultural land for which civil Court had no jurisdiction to try suit - However, perusal of plaint and documents annexed thereto reveals that nowhere in plaint, it is mentioned that suit land is agricultural land - Plaint not barred by law - Application..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought to be produced at the stage when case was reserved for pronouncement of judgment - Suit pending for the last 12 years - No specific averments made in application as to why despite due diligence documents intended to be produced as additional evidence could not be filed at the time of leading evidence -..........

Showing : 21-30 of 363 Results