Search Results for "Equitable balance"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...
Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alien...

Search Results for "Equitable balance"

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High Court

Bombay High Court Dismisses Interim Application in Suit for Declaration and Injunction — Dispute Over Ownership of Open Land Between Two Cooperative Housing Societies. Court holds that disputed property is not part of plaintiff society's layout and that plaintiff failed to establish prima facie case for injunction.

15 Oct 2025

The present suit was filed by M/s. Radha Vishweshwar Co-operative Housing Society Limited 'A' Wing and another (plaintiffs) against M/s. New Bansi Par...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved, Limitation Barred Suit. Plaintiff failed to prove execution of agreement and payment of earnest money; suit filed beyond three years from date of refusal.

29 Apr 2025

The present Regular First Appeal arises from a judgment and decree dated 03.08.2022 passed by the Principal Senior Civil Judge and CJM, Dharwad, in O....

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Interim Injunction Granted to Protect Possession Pending Trial. Agreement of Sale for Rs.10.75 Crore with Part Payment of Rs.3.25 Crore — Trial Court Erred in Rejecting Injunction Without Considering Prima Facie Case and Balance of Convenience.

23 Nov 2024

The appeal arises from an order dated 01.06.2022 passed by the III Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, rejecting I.A.N...

High Court

Bombay High Court Dismisses Appeal in Trademark Dispute Over 'Anna' for South Indian Eateries - Prior User Fails to Establish Infringement Due to Generic Nature of Mark. The court held that the word 'Anna' is generic and cannot be exclusively appropriated, rejecting the claim of trademark infringement and passing off under the Trademarks Act, 1999.

30 Nov 2023

The dispute arose between two eatery owners in Pune over the use of the word 'Anna' in their restaurant names. The Appellant-Plaintiff, Shantapa alias...

High Court

Bombay High Court Allows Appeal in Property Dispute Over Development Rights — Interim Injunction Set Aside for Lack of Prima Facie Case. Court holds that a co-operative housing society cannot be restrained from developing its property based on an agreement that was superseded by subsequent consent terms and where the plaintiff failed to demonstrate a clear right to specific performance.

5 Jun 2023

The dispute pertains to a property bearing CTS No. 229 and 267, admeasuring 1392.12 sq. meters, situated at Nehru Nagar Housing Board Colony, Kurla (E...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Oral Agreement Not Proved. Plaintiff failed to establish oral agreement, payment of consideration, and suit was barred by limitation under Article 54 of the Limitation Act, 1963.

11 Feb 2020

The appellants (original defendant nos. 2 to 4) challenged the judgment and decree dated 18/02/2014 passed by the learned Judge, City Civil Court, Mum...

Supreme Court

Supreme Court Dismisses Appeal for Specific Performance of Agreement for Sale — Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963. The Court held that mere presence before Sub-Registrar and failure to deposit balance consideration within court-granted time without explanation indicates lack of readiness and willingness.

4 Oct 2019

The plaintiff filed a suit for specific performance of an agreement for sale dated 10.11.1989 for 2/3rd share of lands owned by defendants 1 and 2, wi...

High Court

Bombay High Court Allows Restitution to Judgment Debtor in Execution Case Despite Decree Modified Only as to Interest. Decree Holder Auction Purchaser Not Entitled to Protection Under Section 144 of Code of Civil Procedure, 1908.

5 Jun 2017

The case involves a second appeal arising from a suit for recovery of money. The original plaintiffs (Respondent Nos. 1-3) filed Special Civil Suit No...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Mortgaged Property for Non-Compliance with Recovery Rules. Court holds that failure to serve notice of sale proclamation on the judgment-debtor at his updated address vitiates the sale, but the petitioners failed to approach the Recovery Officer under Rule 61 of the Second Schedule to the Income Tax Act, 1961 within the prescribed period or seek condonation of delay with sufficient cause.

10 Jun 2015

The petitioners, M/s. Hotel Paras Garden and its proprietor Prabhakar Digambar Lande, challenged the auction sale of their mortgaged property conducte...

High Court

Bombay High Court Dismisses Winding-Up Petition Against Capital Controls India Private Limited and Chloro Controls (India) Private Limited — Disputed Debt and Lack of Bona Fide Defence. Petition under Sections 433(e) and 434 of the Companies Act, 1956 dismissed as the debt was bona fide disputed and the company had a valid defence.

18 Dec 2014

The petitioner, Severn Trent Water Purification Inc. (formerly Capital Controls Company, Inc.), filed a winding-up petition under Sections 433(e) and ...

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