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Search Results for "prima facie case"

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Tribunals

NCLAT Dismisses Appeal Against EGM for Share Capital Increase in Insolvency Context — No Prima Facie Case for Injunction as RP Had Not Objected to Proposed Resolution Plan. The court held that the appellant, a financial creditor with 99.41% voting share in the CoC, failed to establish a prima facie case for restraining the EGM of a subsidiary company to increase its authorized share capital, as the RP had not objected to the proposed restructuring.

28 Oct 2025

The case involves an appeal filed by GLAS Trust Company LLC, the principal financial creditor of Think and Learn Private Limited (TLPL), which is unde...

High Court

Bombay High Court Quashes Discharge Rejection in Bombay Prohibition Act Case — Subsequent Purchasers Not Liable for Excise Duty on Imported Liquor. Court holds that under the Bombay Prohibition Act, liability to pay excise duty on imported liquor rests with the first purchaser who imports it into the State, and subsequent purchasers who transport within the State cannot be prosecuted for non-payment of duty.

16 Dec 2016

The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) by Dayal Marumal Bhojwani (accused ...

High Court

Bombay High Court Dismisses Stay Application in Arbitration Award Challenge — No Prima Facie Case Made Out for Unconditional Stay Under Section 36(3) of Arbitration Act. The court held that the applicant failed to demonstrate a prima facie case, balance of convenience, or irreparable loss required for stay of an arbitral award under Section 36(3) of the Arbitration and Conciliation Act, 1996 read with Order XLI Rule 5 CPC.

16 Dec 2016

The applicant, M/s. PFS Shipping (India) Limited, filed a Notice of Motion seeking unconditional stay of an arbitral award dated 30th April 2016, pend...

High Court

Bombay High Court Grants Interim Injunction Against Former Employees and Transporter for Design Infringement and Passing Off of Copper Tubes. Registered Designs under Designs Act, 2000 held valid and infringed by identical products.

6 Dec 2016

The plaintiff, Mandev Tubes Pvt Ltd, a manufacturer of copper tubes since 1964 with an annual turnover of Rs. 11 crores, filed a suit alleging design ...

High Court

Bombay High Court Dismisses Appeal in Derivative Suit Challenging Sale of Shares by Company Management. Minority shareholders' challenge to sale of shares under family settlement fails as court finds no prima facie case for interim relief.

8 Dec 2016

The appellants, Madhavlal Narayanlal Pittie and others, filed a derivative suit in 2008 against Bachharaj & Company Pvt Ltd and others, challenging th...

High Court

Bombay High Court Allows Section 9 Petition for Appointment of Court Receiver to Take Possession of Tenements for Redevelopment Despite Non-Signatory Members' Objection. Non-cooperating members bound by society's development agreement; Court Receiver appointed to facilitate redevelopment of dilapidated building.

22 Dec 2016

The petitioner, M/s. R.R.B. Realtors Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking appointment of ...

High Court

Bombay High Court Dismisses Appeal in Derivative Suit Challenging Sale of Shares by Company Management. Minority Shareholders' Challenge to Sale of Bajaj Hindustan Ltd Shares Fails as Court Finds No Prima Facie Case of Fraud or Mismanagement.

8 Dec 2016

The appellants, minority shareholders of Bachharaj & Company Pvt Ltd, filed a derivative suit challenging the proposed sale of 3,46,96,250 shares of B...

High Court

Bombay High Court Dismisses Revision Against Rejection of Discharge in Abetment of Suicide Case. Suicide Note Naming Accused as Intermediary for Loans Constitutes Prima Facie Evidence Under Section 306 IPC.

13 Nov 2019

The applicant, Jairam Atumal Aswani, was accused No.3 in Sessions Case No.60 of 2013 arising from the suicide of Ghanshyam Amarsingh Bajaj. The deceas...

High Court

Bombay High Court Allows Appeal Against Rejection of Injunction in Municipal Construction Dispute — Appellants Established Prima Facie Case and Irreparable Injury. The court held that the appellants' title and possession were sufficient to grant temporary injunction under Order 39 Rules 1 and 2 CPC, restraining the municipal council from constructing a compound wall.

21 Oct 2016

The appellants, Mrs. Rukmini Baburao Fotto Dessai and Mr. Baburao Fotto Dessai, filed an appeal against an order dated 1.2.2016 passed by the District...

High Court

Bombay High Court Allows Appeal Against Refusal of Injunction in Municipal Demolition Case — Structure Claimed to Be Pre-1962 Protected Property. Court Holds That Prima Facie Case for Interim Relief Exists Where Structure Allegedly Existed Prior to Cut-Off Date Under Section 351 of MMC Act, 1888.

4 Oct 2016

The appellant, M/s Masjid Wa Madrasa Fatimatu Zohra (Ra) Trust, filed an appeal against an order of the City Civil Court, Mumbai, dated 21 September 2...

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