Search Results for "prima facie case"

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Search Results for "prima facie case"

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High Court

Bombay High Court Allows Appeal Against Rejection of Interim Injunction in Municipal Demolition Dispute. Court holds that a prior notice under Section 351 of the MMC Act, which was not acted upon, cannot be revived by a fresh notice without fresh cause, and that the trial court erred in refusing ad interim relief without considering the balance of convenience.

6 Oct 2016

The appellant, Mrs. Dhanvanti Premsagar Seth, filed a suit in the City Civil Court at Dindoshi seeking an injunction to restrain the Municipal Corpora...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Interim Injunction in Municipal Demolition Case — Appellant Failed to Show Prima Facie Case for Protection of Unauthorized Construction Under MMC Act, 1888.

26 Oct 2016

The appellant, owner of a building in Mumbai, obtained permission from MHADA in 2006 to repair the dilapidated building but failed due to financial cr...

High Court

Bombay High Court Dismisses Appeal Against Municipal Corporation in Tenancy Dispute — No Interim Injunction Granted as Appellants Failed to Establish Prima Facie Case of Tenancy. Court Held That Mere Payment of Taxes Does Not Confer Tenancy Rights and Corporation's Title as Owner Remains Unchallenged.

4 Oct 2016

The appeal arises from an order dated 20th September 2014 passed by the City Civil Court, Mumbai, dismissing the Notice of Motion No.2333 of 2014 in L...

High Court

Bombay High Court Dismisses Appeal Against Demolition of Commercial Premises for Public Project - Tenant Not Entitled to Alternate Accommodation Without Valid Documents. The court held that the appellant failed to produce any document to prove his eligibility for alternate accommodation under the resettlement and rehabilitation policy of the Maharashtra Urban Transport Project, and thus no prima facie case for interim injunction was made out.

20 Oct 2016

The appellant, Kuniyil Kumar Shankar, filed an appeal against the judgment and order dated 8th September 2016 passed by the City Civil Court, Dindoshi...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Suit for Declaration of Ownership and Possession of Chawl Rooms. Appellants Failed to Establish Prima Facie Case for Temporary Injunction Under Order 39 Rules 1 and 2 CPC.

30 Nov -0001

The appellants, eleven individuals, filed a suit in the Bombay High Court seeking a declaration of ownership and permanent injunction in respect of ce...

High Court

Bombay High Court Quashes FIR Against Receptionist in Immigration Fraud Case — No Prima Facie Case of Cheating or Immigration Offences. Mere employment as receptionist without active participation in alleged conspiracy does not attract Section 420 IPC or Sections 10, 24, 25 of Immigration Act, 1983.

14 Sep 2016

The petitioner, Mrs. Nadia Maggie de Costa, was a receptionist employed by one Vijay Ghanashamdas Tulshiyani, who was involved in recruiting candidate...

High Court

Bombay High Court Allows Discharge of Accused in Abetment of Suicide Case for Lack of Prima Facie Evidence. Petitioner, as Society President, Not Shown to Have Instigated or Aided Suicide of Deceased Teacher Under Section 306 IPC.

19 Sep 2016

The petitioner, Dr. Dashrath Bhande, was the President of a society that ran a school. The HeadMaster of the school, Subhash Dayaram Shriwas, was accu...

High Court

Bombay High Court at Goa Allows Appeal Against Injunction in Property Dispute — Agreement for Sale Not Considered by Trial Court. The court held that the Trial Court failed to apply the principles of prima facie case, irreparable injury, and balance of convenience, and ignored the Agreement dated 7.12.1990 and the delay in filing the suit.

22 Sep 2016

The case involves an appeal from order filed by the original defendants (appellants) challenging an injunction granted by the Senior Civil Judge, Mapu...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Ad-Interim Relief in Suit Challenging BMC's Demolition Notice. Occupants of Unauthorized Structures Not Entitled to Injunction Against Statutory Authority Under Section 351 of Mumbai Municipal Corporation Act, 1888.

26 Sep 2016

The appellants, occupants and owners of premises in Manish Apartment, Vile Parle, filed a suit seeking injunction against the Municipal Corporation of...

High Court

Bombay High Court Dismisses Appeal Against Demolition Orders for Unauthorized Construction in Municipal Corporation of Greater Mumbai Case. Court Held That Stop Work Orders and Demolition Notices Were Valid as Appellant Failed to Obtain Required Permission Under Section 347 of the Mumbai Municipal Corporation Act, 1888.

22 Sep 2016

The appellant, United Construction, a partnership firm, purchased a building known as 'Roop Niketan' (now 'Shanidev') located at Colaba, Mumbai, by a ...

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