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 Appeals of Shop Purchasers Against Rejection of Interim Injunction in Builder-Buyer Dispute. Agreement for Sale of Shop Premises Under Maharashtra Ownership Flats Act, 1963 Creates a Charge on the Property, Entitling Purchaser to Injunction Restraining Builder from Alienating or Creating Third Party Rights.

6 Sep 2016

The appeals arise from a common order dated 28.06.2016 passed by the City Civil Court, Mumbai, rejecting the Notice of Motion filed by the appellants ...

High Court

Bombay High Court Dismisses Election Petition for Lack of Material Facts in Recount Application. Allegations of Improper Counting Must Be Supported by Specific Averments Under Section 83 of the Representation of the People Act, 1951.

22 Sep 2016

The case involves an election petition filed by Rashmi Digambar Bagal challenging the election of Narayan Govindrao Patil from the 244 Karmala Assembl...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Interim Relief in SARFAESI Act Case — Civil Suit Held Not Maintainable Due to Bar Under Section 34 of SARFAESI Act. Borrowers Must Avail Remedy Under Section 17 Before DRT Instead of Seeking Injunction in Civil Court.

27 Sep 2016

The case involves an appeal filed by the appellants, who are borrowers and guarantors, against an order of the Commercial Division of the Bombay High ...

High Court

Bombay High Court Dismisses Workmen's Petitions Challenging Labour Court's Refusal of Interim Relief in Unfair Labour Practice Complaints. Petitioners Failed to Establish Prima Facie Case of Victimization Under MRTU & PULP Act, 1971.

17 Sep 2016

The judgment pertains to a group of writ petitions filed by workmen (original complainants) against SKF India Ltd and its General Manager (HR), challe...

High Court

Bombay High Court Allows Appeal Against Refusal of Ad-Interim Injunction in Property Dispute — Holds That Trial Court Must Consider Documents Prima Facie and That Section 52 of Transfer of Property Act Does Not Substitute Injunction

27 Sep 2016

The appellant, Durga Bearing (Mumbai) Pvt. Ltd., filed an appeal against the order of the City Civil Court, Dindoshi, Mumbai, dated 10 August 2016, wh...

High Court

Bombay High Court Allows Appeal Against Municipal Corporation's Demolition Notice Under Section 55 of MRTP Act — Appellant's Possession Based on Census Certificate and Prior Withdrawal of Notice Under Section 354A of MMC Act Entitled to Interim Protection.

24 Oct 2016

The appellant, Anil Sitaram Dubey, filed an appeal against an order of the City Civil Court, Mumbai, dated 26 September 2016, which refused to grant a...

High Court

High Court of Judicature at Bombay Allows Anticipatory Bail in Dowry Harassment Case — No Prima Facie Case Under Section 498-A IPC Made Out. General Allegations Against Family Members Without Specific Overt Acts Do Not Attract Offence Under Section 498-A IPC.

28 Sep 2016

The applicants, who are family members of the husband (Sharad Aghav), filed an application under Section 438 of the Code of Criminal Procedure, 1973, ...

High Court

Bombay High Court Upholds Injunction Against Developer in Property Dispute Over MHADA Land — Interim Relief Granted to Protect Possession Pending Trial. The court found that the plaintiff had a prima facie case based on registered documents, while the defendant failed to show any better title or possession.

24 Aug 2016

The appeal arose from an order of the City Civil Court, Dindoshi, Mumbai, which granted an ad-interim injunction in favor of the plaintiff, M/s Krishn...

High Court

Bombay High Court Grants Bail to MCOCA Accused Due to Lack of Evidence of Membership in Organized Crime Syndicate. Single Incident of Assault Not Sufficient to Attract Section 3(4) of Maharashtra Control of Organised Crime Act, 1999.

7 Jul 2016

The applicant, Dinesh Bhondulal Baisware, filed a criminal application for bail under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA). Th...

High Court

Bombay High Court Dismisses Appeal in Property Suit — Upholds Trial Court's Refusal of Temporary Injunction for Lack of Prima Facie Case and Balance of Convenience. The court held that the appellants failed to establish a prima facie case for injunction under Order 39 Rules 1 and 2 CPC as the property was in the name of the respondent and no joint ownership was proved.

30 Nov -0001

The appellants, Smt. Vishankumari Udaysingh Varma and Smt. Manju Udaysingh Varma, filed First Appeal No.627 of 2016 in the Bombay High Court against t...

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