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 Trade Union's Petition Challenging Rejection of Interim Relief in Transfer Dispute. Industrial Court's Refusal to Stay Transfer Orders Upheld as No Prima Facie Case of Unfair Labour Practice Established Under MRTU and PULP Act.

15 Mar 2016

The petitioner, Engineering Workers Association, a registered trade union, filed a writ petition under Articles 226 and 227 of the Constitution of Ind...

High Court

Bombay High Court Dismisses Trade Union's Petition Challenging Transfer of Employees - Transfer Order Not Shown to Be Mala Fide or Unfair Labour Practice Under MRTU and PULP Act. The court held that the union failed to establish a prima facie case for interim relief under Section 30(2) of the MRTU and PULP Act, 1971, as the transfer was a routine management decision.

15 Mar 2016

The petitioner, Engineering Workers Association, a registered trade union, filed a writ petition under Articles 226 and 227 of the Constitution of Ind...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Possession Dispute. Court Held That Findings of Fact by Trial Court on Prima Facie Case and Possession Cannot Be Interfered With Under Article 227 of the Constitution.

30 Mar 2016

The petitioners, Shivaram Narayan Gatkul and others, filed a writ petition under Article 227 of the Constitution of India before the Bombay High Court...

High Court

Bombay High Court Dismisses Revision Against Rejection of Discharge in Coal Theft Case — Prima Facie Case Made Out for Criminal Conspiracy and Misappropriation. Court holds that at the stage of framing of charges, the court is required to consider the broad probabilities of the case and the material on record, and not to conduct a mini-trial.

25 Feb 2016

The applicants, Prabhakar S/o Rupnarayan Jha and Bingumall Ramnaiah, filed a criminal revision application under Section 397 read with 401 of the Code...

High Court

High Court of Bombay at Goa Quashes Charges Under SC/ST Act for Lack of Public View Element in Caste-Based Insult Allegation. Offence under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989 requires insult to be in public view, which was absent as incident occurred inside a house.

2 Feb 2016

This judgment arises from a criminal revision application filed by three applicants (original accused) challenging an order dated 07/09/2015 passed by...

High Court

High Court of Bombay at Goa Quashes Charge Against Retired Commissioner and Inspector in Corruption Case — No Prima Facie Case for Criminal Conspiracy Under Section 120-B IPC and Section 12 of Prevention of Corruption Act, 1988. Allegations of overpricing in purchase of flats for Customs Department held to be matters of departmental enquiry, not criminal conspiracy, as there was no evidence of meeting of minds or corrupt agreement.

2 Feb 2016

The case involves a criminal revision application filed by two applicants, a retired Commissioner of Customs and Central Excise and an Inspector of Ce...

High Court

Bombay High Court Dismisses Developer's Section 9 Petition for Appointment of Court Receiver in Redevelopment Dispute. Court holds that disputes regarding possession of flats by dissenting members are not arbitrable under the agreement and that the developer failed to establish a prima facie case for interim relief.

10 Feb 2016

The petitioner, Aditya Developers, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking appointment of a Court Rece...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Injunction Restraining Chairman and Managing Director from Functioning in Company Dispute. Court holds that balance of convenience and prima facie case did not favor grant of injunction as plaintiff failed to establish that defendant's appointment was invalid or that he was acting against company interests.

8 Feb 2016

The appellant, Sridhar Sundararajan, filed an appeal against the order of the learned Single Judge dated 16th July 2015, which dismissed his Notice of...

High Court

Bombay High Court Dismisses Appeal Against Municipal Corporation's Demolition Notice Under M.R.T.P. Act — No Prima Facie Case for Injunction as Structure Appears Temporary and Unauthorized.

1 Feb 2016

The appellant, Mohd. Ismail Gulam Shaikh, filed an appeal against an order of the trial court refusing ad-interim relief in a suit seeking injunction ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Lease Dispute — Plaintiff Failed to Establish Prima Facie Case of Possession After Lease Expiry. The court held that the plaintiff did not make out a prima facie case for grant of temporary injunction under Order 39 Rules 1 and 2 CPC read with Section 37 of the Specific Relief Act, 1963, as the lease had expired and the plaintiff's possession was not proved.

7 Jan 2016

The petitioner, M/s. Meher Farms Pvt. Ltd., filed a writ petition challenging the order of the Adhoc District Judge-1 (FTC) North Goa, Panaji, dated 1...

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