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 Dismisses Appeal in MOFA Conveyance Dispute — Cooperative Housing Society Fails to Establish Entitlement to Deed of Conveyance Against Church Trust. Court holds that under Section 11 of the Maharashtra Ownership of Flats Act, 1963, the obligation to execute a conveyance arises only if the promoter has developed the land and the society has paid the full consideration, which was not proved.

18 Jul 2016

The appellant, Our Lady of Vailankanni and Perpetual Succour Cooperative Housing Society Ltd., filed a suit (SC Suit No.875 of 2011) in the City Civil...

High Court

Bombay High Court Dismisses Interim Injunction Applications in Trademark Infringement and Passing Off Suits — No Prima Facie Case for Confusion Between 'Manugraph' and 'Simarq' or 'Ezeego' and 'La Travenues'. The court held that the marks are not deceptively similar and the goods/services are different, thus no interim relief is warranted under the Trade Marks Act, 1999.

15 Jun 2016

The judgment involves two suits for trademark infringement and passing off. In Suit No. 516 of 2013, the plaintiff Manugraph India Limited sought to r...

High Court

Bombay High Court Holds Appellate Authority Under Section 60 of Bombay Police Act Has Power to Grant Interim Relief in Externment Appeals. The Full Bench clarifies that the power to stay or suspend an externment order pending appeal is inherent in the appellate jurisdiction, subject to recording reasons and considering prima facie case.

14 Jun 2016

The case involved two writ petitions challenging externment orders under the Bombay Police Act, 1951. The learned Single Judge referred the issue of w...

High Court

Bombay High Court Quashes Process in Cheating Case Against Vehicle Dealership Proprietor and Employees. Revisional Court's Order Set Aside as Trial Court's Refusal to Issue Process Was Not Perverse.

9 Jun 2016

The petitioners, including the proprietor and employees of a vehicle dealership, challenged the revisional court's order directing issuance of process...

High Court

Bombay High Court at Goa Quashes Charge of Abetment to Suicide and Murder Against Accused in Absence of Prima Facie Evidence of Instigation or Intent. Court holds that mere relationship disapproval and prior disputes do not constitute abetment under Section 306 IPC or murder under Section 302 IPC without direct evidence of instigation or common intention.

25 Apr 2016

The petitioner, Santosh Kudtarkar, was originally accused no. 6 in Session Case No. 13 of 2015 before the Additional Sessions Judge, Mapusa, Goa. The ...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Interim Relief in Tender Dispute — No Prima Facie Case for Injunction Against Redevelopment Tender Process. Court Held That Appellant Failed to Show Any Legal Right to Be Considered as Developer and That Balance of Convenience Was Against Granting Injunction.

7 Apr 2016

The appellant, Ornate Housing Pvt. Ltd., filed a suit in the City Civil Court, Mumbai, seeking to restrain Respondent No.1, the Abhyuday Nagar Sahakar...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Grants Interim Relief in Section 9 Petition Despite Unstamped Agreement. The court held that impounding of an agreement for insufficient stamp duty does not bar the grant of interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, as the arbitration agreement remains valid.

2 Apr 2016

The appellant, M/s. Universals Enterprises, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an order of the le...

High Court

High Court of Bombay at Goa Dismisses Appeal Against Rejection of Temporary Injunction in Property Dispute — Plaintiffs Failed to Establish Prima Facie Case and Balance of Convenience. The court held that the plaintiffs, who claimed ownership of a property based on a will, did not prove possession or title, and the balance of convenience favored the defendants who were in possession.

23 Mar 2016

The present appeal is preferred by the original plaintiffs against the order dated 20/10/2012 passed by the Civil Judge, Senior Division, A Court, Mar...

High Court

Bombay High Court Allows Impleadment of Additional Accused Under Section 319 CrPC in Atrocities Case — Instigation by Co-accused's Husband Sufficient Ground. Evidence of eye-witnesses and complainant disclosed instigation by Respondent No.2, warranting his addition as accused under Section 319 CrPC.

1 Mar 2016

The Petitioner, Jagannath Dattu Torane, the original complainant, filed a Criminal Writ Petition challenging the order of the Additional Sessions Judg...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Section 9 Petition in Development Dispute — No Prima Facie Case for Injunction Against Possession. The court held that the appellants failed to establish a prima facie case for interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 as the development agreement did not grant possession.

4 Mar 2016

The appellants, Prajita Developers Pvt. Ltd., filed an appeal against an order dated 14.01.2016 passed by a learned Single Judge of the Bombay High Co...

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