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 Appeals Against Interim Injunction in Property Dispute Over Succession and Conveyance Validity. Court holds that the trial court's order granting blanket injunction without considering balance of convenience and prima facie title was unsustainable under Order 39 Rules 1 and 2 CPC.

24 Jul 2013

The judgment arises from three appeals filed by defendants against an interim order passed by the 8th Civil Judge, S.D., Thane on 3rd January 2013 in ...

High Court

Bombay High Court Upholds Injunction Against Infringement of Registered Trade Mark SABMiller India in Beer Bottles. The Court held that use of an identical registered trade mark on identical goods constitutes infringement under Section 29 of the Trade Marks Act, 1999, and granted interim injunction.

25 Jul 2013

The Respondent, SABMiller India Ltd., held a registered trade mark 'SABMiller India / SABMILLER INDIA' in classes 21 and 32 under the Trade Marks Act,...

High Court

Bombay High Court Grants Interim Injunction Restraining Bank from Enforcing Guarantee and Pledge Against Company Pending Company Law Board Proceedings. Alleged Fraudulent Assumption of Liability by Directors Without Shareholder Consent Raises Serious Questions to be Tried.

15 Jul 2013

The applicant, Rajinder Kumar Malhotra, filed an application in a pending company appeal seeking an interim injunction to restrain HDFC Bank from reco...

High Court

Bombay High Court Dismisses Appeal Against Interlocutory Injunction in Film Rights Dispute — Agreement for Commission and Overflow Payments Upheld as Prima Facie Valid.

12 Jun 2013

The appeal arose from an order of a Learned Single Judge granting interlocutory relief in a suit concerning rights in the film 'Hum Hai Rahi Pyar Ke'....

Supreme Court

Supreme Court Allows Appeals in Property Dispute Over Lease Deeds and Gift Deeds — Upholds Validity of Irrevocable License and Gift Deeds. The Court held that the High Court erred in granting interim relief without considering the balance of convenience and prima facie case, and that the documents in question were not vitiated by fraud or misrepresentation.

1 Jan 2026

The present appeals arise from a common judgment of the Division Bench of the Calcutta High Court dated 26.09.2022, which affirmed the orders of the S...

High Court

Bombay High Court Allows Transfer of Suits in Trademark Dispute from Kopargaon to Nagpur for Convenience of Parties and Witnesses. The court held that the balance of convenience favors transfer under Section 24 CPC where all parties and witnesses are based in Nagpur and the subject matter is connected to Nagpur.

7 May 2013

The judgment concerns two Misc. Civil Applications filed by Nagpur Distillers Pvt. Ltd. and Vidarbha Distillers seeking transfer of three suits (Suit ...

High Court

Bombay High Court Dismisses Section 9 Arbitration Petition Seeking Interim Relief for Alleged Breach of Settlement Agreement — No Prima Facie Case for Injunction or Deposit of Funds Established. Court Held That Settlement Deed Did Not Create Obligation to Pay Rs.8.49 Crores and Balance of Convenience Was Against Granting Interim Measures.

25 Apr 2013

The petitioner, Ratnam Sudesh Iyer, a Singaporean citizen and shareholder of Atlas Equifin Pvt. Ltd., filed an arbitration petition under Section 9 of...

High Court

Bombay High Court Allows Section 9 Petition in Development Dispute — Directs Deposit of Rs.12.5 Crores and Appointment of Court Receiver. Clause 6 of MOU for Refund on Default Forms Basis for Interim Relief Under Arbitration and Conciliation Act, 1996.

29 Apr 2013

The petitioners, four individuals, entered into a Memorandum of Understanding (MOU) with the respondent, a developer, on 29 July 2011 for development ...

High Court

Bombay High Court Allows Appeal in Commercial Dispute, Directs Security for Full Claim Amount Under Order 38 Rule 5 CPC. The court held that the plaintiff had made out a prima facie case for attachment before judgment for the entire claim, as the defendant had refused to accept goods and was attempting to alienate property.

17 Apr 2013

The appellant, Herald Engineers, filed a suit against Wonderpack Industries Pvt Ltd and another respondent for recovery of Rs.40,36,567/-. The suit wa...

High Court

Bombay High Court Dismisses Section 9 Petition by Debenture Trustee Seeking Deposit and Injunction — No Prima Facie Case for Interim Relief as Trustee Failed to Establish Breach of Trust or Impairment of Security Under Trust Deed and Information Memorandum.

20 Mar 2013

The petitioner, IDBI Trusteeship Services Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim rel...

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