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 Appeal Against Refusal of Interim Injunction in Specific Performance Suit — Agreement Holder with Substantial Payment and Possession Entitled to Protection. Prima Facie Case Established Under Order 39 Rules 1 and 2 CPC for Injunction to Maintain Status Quo Pending Trial.

30 Jun 2015

The appellant, M/s. Heera Laxmi Contractors Pvt. Ltd., filed a suit for specific performance of an agreement to sell agricultural land and for permane...

High Court

Bombay High Court Allows Appeal Against CESTAT Pre-Deposit Order in CENVAT Credit Case — Prima Facie Case for Waiver of Pre-Deposit Established. The Court held that the appellant had made out a strong prima facie case for waiver of pre-deposit under Section 35F of the Central Excise Act, 1944, as the statements relied upon were retracted and no opportunity for cross-examination was given.

8 May 2015

The appellant, Ms. Arjandas Metal Industries Pvt. Ltd., filed an appeal under Section 35G of the Central Excise Act, 1944 against an order dated 10th ...

High Court

Bombay High Court Quashes Rape and Cheating Case Against Applicant in Matrimonial Portal Dispute — No Prima Facie Case of Rape or Deception Established. Relationship was Consensual and Complainant was Aware of Applicant's Marital Status and Identity.

6 May 2015

The applicant, Nandan Sadanand Bendarkar, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of ...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Interim Injunction in Development Agreement Dispute. Court holds that plaintiff failed to establish prima facie case and balance of convenience for injunction restraining defendant from dealing with property.

23 Apr 2015

The appellant, M/s Gandhi Builders & Developers, filed a suit for specific performance of a development agreement dated 26-11-2007 with the predecesso...

High Court

Bombay High Court Dismisses Appeal in Property Dispute Over Will Validity — Upholds Trial Court's Refusal to Appoint Receiver and Grant Injunction. Court Held That Disputed Questions of Fact Regarding Execution of Will Cannot Be Decided in Summary Proceedings Under Order 39 CPC.

30 Apr 2015

The case involves a property dispute among family members concerning the estate of the deceased, Girdharilal T. Bijlani. The appellants (original plai...

High Court

Bombay High Court Dismisses Appeal in Property Dispute Between Mother and Son — Upholds Injunction Against Alienation of Suit Property. The court held that a mother who is a co-owner and in possession of the property is entitled to protect her right of residence and prevent dispossession by her son and his family.

16 Apr 2015

The dispute arose between Smt. Vasanti Rama Shetty (the respondent/original plaintiff), a 76-year-old widow, and her son Shri Premnath Rama Shetty alo...

High Court

Bombay High Court Sets Aside Discharge Order in Criminal Case — Trial Court Exceeded Scope of Section 227 CrPC by Appreciating Evidence at Discharge Stage. The court held that at the stage of discharge under Section 227 CrPC, only a prima facie case is required and the earliest statement under Section 161 CrPC cannot be ignored.

2 Mar 2015

The applicant, Smt. Shobha Ramesh Bawane, filed a criminal application under Section 482 CrPC challenging the order dated 10/02/2012 passed by the lea...

High Court

High Court of Bombay at Goa Quashes Charge Under Section 304-B IPC Against Husband in Dowry Death Case — No Evidence of Demand for Dowry Soon Before Death. The court held that the essential ingredient of demand of dowry 'soon before death' was missing, and thus the charge under Section 304-B IPC could not be sustained, while upholding charges under Sections 306 and 498-A IPC.

26 Mar 2015

The applicant, Caetaninho Julio Barreto, was married to Fatima Pereira on 20/09/2008. The marriage soon ran into difficulties, and the parties started...

High Court

High Court of Bombay at Goa Quashes Criminal Proceedings Against Boat Owner in Bumper Ride Accident Due to Lack of Evidence of Negligence. Petitioner not present at scene and no material to show rash or negligent act under Sections 279, 337, 304A IPC.

24 Mar 2015

The case arises from a tragic accident on 18 November 2010 at Calangute beach, Goa, where a bumper ride boat, while returning to shore, suddenly turne...

High Court

Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

30 Nov -0001

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...

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