Search Results for "balance of convenience"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "balance of convenience"

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High Court

Bombay High Court Allows Appeal Against Dismissal of Injunction Motion in Possession Suit — Prima Facie Case Established for Protection of Possession Without Adjudicating Title. Long-Standing Possession Supported by Documentary Evidence and Threat Notice Warrants Injunction Against Dispossession Without Due Process.

17 Sep 2013

The appellant-original plaintiff, Azeem Jagani, filed a suit in the City Civil Court, Dindoshi, Mumbai, seeking a permanent injunction against the res...

High Court

Bombay High Court Dismisses Tenant's Appeal Seeking Injunction Against Demolition — Tenant Refusing to Vacate Despite Offer of Market Compensation. Court Held That Tenant Cannot Hold Development to Ransom and Must Accept Compensation or Face Eviction.

27 Sep 2013

The appellant, Smt. Esther Manickam, was a tenant in Flat No.A2, Ground floor, Ruia Building, Juhu, Mumbai, paying rent less than Rs.50 per month. The...

High Court

Bombay High Court Dismisses Appeal by Cricket Association Against Injunction Restraining Expulsion of Member. Expulsion Decision Violated Natural Justice as No Opportunity of Hearing Was Given Before Imposing Five-Year Ban.

20 Sep 2013

The case involves an appeal by the Mumbai Cricket Association (MCA) against an order dated 7 September 2013 passed by the City Civil Court, Greater Mu...

High Court

Bombay High Court Allows Appeal in Trademark Infringement Case — Injunction Set Aside Due to Vague Pleadings and Lack of Prima Facie Case. The court held that without proper proof of trademark ownership and clear pleadings, an interim injunction cannot be granted under the Trade Marks Act, 1999.

21 Sep 2013

The case involves an appeal against an interim injunction granted by the Principal District Judge, Pune, restraining the appellants from using the tra...

High Court

Bombay High Court at Goa Dismisses Appeal Against Injunction in Property Dispute. Court upholds trial court's finding that plaintiffs proved prior possession and better title, affirming temporary injunction under Order 39 Rules 1 and 2 CPC.

30 Nov -0001

The case involves an appeal from order (AO-37-2008) and a cross objection (XOB-7-2009) arising out of a civil suit for permanent injunction and declar...

High Court

Bombay High Court Dismisses Developer's Suit for Specific Performance and Appointment of Court Receiver in Redevelopment Dispute — Development Agreement Not Binding on Society as It Was Not Duly Executed by Authorised Office Bearers. The court held that a development agreement executed without proper authorisation by the society's managing committee is void and not binding on the society or its members.

26 Aug 2013

The plaintiffs, M/s. Akash Pruthvi Lifestyle, a registered partnership firm engaged in development and redevelopment projects, filed a suit seeking a ...

High Court

Bombay High Court Allows Appeal Against Ad-Interim Injunction in Balcony Construction Dispute - Unauthorized Construction Cannot Be Protected by Injunction. The court held that an injunction cannot be granted to protect an unauthorized construction, as the balance of convenience lies with the party complaining of the illegal structure.

21 Aug 2013

The appeal arises from an order of the City Civil Court, Bombay, granting an ad-interim injunction in favor of the plaintiff (Respondent No.1) to prot...

High Court

Bombay High Court Allows Appeals Against Section 9 Orders in Arbitration Disputes — Interim Relief Set Aside Due to Lack of Urgency and Failure to Seek Enforcement of Mortgage. Court holds that when a creditor has a mortgage over property, the appropriate remedy is to enforce the mortgage rather than seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, especially when arbitration proceedings are already pending or an award has been passed.

8 Aug 2013

The appeals arose from a judgment and order of a learned Single Judge dated 5 February 2013, which granted interim relief under Section 9 of the Arbit...

High Court

Bombay High Court Allows Appeal Against Refusal of Injunction in Property Dispute — Sale Deed and Power of Attorney Challenged as Fraudulent. Court finds prima facie case of fraud and misrepresentation in execution of power of attorney and subsequent sale deed, granting injunction to protect plaintiffs' ownership rights.

28 Aug 2013

The appellants/plaintiffs, Hanif Gulamali Somji and others, filed an appeal against an order of the learned VI Joint Civil Judge Senior Division, Nash...

High Court

Bombay High Court Dismisses Notice of Motion for Interim Relief in Specific Performance Suit Due to Non-Compliance with Order XXXIX Rule 3 CPC. Plaintiffs Failed to Make Out Prima Facie Case for Appointment of Receiver or Injunction.

26 Jul 2013

The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in...

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