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...
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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 Dismisses Petition Seeking Injunction Against Electricity Company from Supplying Power to Other Consumers via Dedicated Distribution Facility. Petitioner's Exclusive Right Over DDF Infrastructure Not Established Under Electricity Act, 2003.

6 Mar 2013

The petitioner, Mr. Budreddin A. Khan, a plastic processing factory owner, applied for an electricity connection under the Dedicated Distribution Faci...

High Court

Bombay High Court Allows Transfer of Civil Suit from Malegaon to Aurangabad on Grounds of Convenience and Safety of Applicant Wife. The Court held that under Section 24 CPC, the balance of convenience favours the wife who resides in Aurangabad and faces difficulty in traveling to Malegaon.

21 Mar 2013

The applicant, Bismillah w/o Mirza Muzahid Beg, filed a Misc. Civil Application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer...

High Court

Karnataka High Court Allows Appeals Against Single Judge Order in Company Dispute Over Bank Account Freezing. The Court held that the writ petition was maintainable but the interim relief of defreezing accounts was not justified as there was a prima facie case of mismanagement and balance of convenience favored maintaining status quo.

13 Jul 2021

The case involves two writ appeals filed by Mr. Manne Guru Prasad and Shri Ramappa against an order dated 06.04.2021 passed by a learned Single Judge ...

High Court

High Court of Karnataka Allows Appeal Against Interim Injunction in Commercial Dispute Under Section 9 of Arbitration Act — Injunction Granted Without Considering Balance of Convenience and Irreparable Injury Set Aside. The court held that an interim injunction under Order 39 Rules 1 and 2 CPC requires satisfaction of all three principles: prima facie case, balance of convenience, and irreparable injury.

22 Mar 2021

The appellants, owners of a property, entered into a development agreement with the respondent developer. Disputes arose, and the respondent filed an ...

High Court

Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

13 Feb 2013

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...

High Court

High Court of Karnataka Allows Transfer of Matrimonial Case from Bagalkot to Jewergi Under Section 24 CPC — Husband's Convenience and Child's Welfare Considered. The court held that the balance of convenience favored transfer to the husband's place of residence, Jewergi, to avoid undue hardship.

4 Jan 2021

The petitioner, Shivangouda, filed a civil petition under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of M.C.No.8/2019 pending b...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Suit for Declaration and Injunction — Held that Balance of Convenience Lies in Favour of Defendants and No Irreparable Loss Would Be Caused to Plaintiff. The plaintiff failed to establish a prima facie case for injunction under Order 39 Rules 1 and 2 CPC as the property was in the name of the partnership firm and not the plaintiff individually.

8 Feb 2013

The petitioner, Lt. Col. (Retd.) Shri Padmanabh Anantrao Panditrao, filed a suit in the Civil Judge, Senior Division, Kolhapur, seeking a declaration ...

High Court

Bombay High Court Dismisses Challenge to Arbitrator's Interim Order in Copyright License Dispute — Balance of Convenience and Irreparable Loss Considered. The court upheld the arbitrator's order restraining the petitioner from exploiting films and directing delivery of materials, finding no perversity or jurisdictional error under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996.

30 Jan 2013

The petitioner, Moser Baer Entertainment Limited, filed a petition under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996, challenging a...

High Court

Bombay High Court Grants Injunction Against Invocation of Bank Guarantees in Arbitration Dispute — Prima Facie Case of Fraud and Irretrievable Injustice Established. Court held that unconditional bank guarantees cannot be invoked where there is a clear fraud of which the bank has notice or where irretrievable injustice would result.

17 Jan 2013

The petitioner, M/s. ANCL & Co. (India) Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an injuncti...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Temporary Injunction in Property Dispute — Plaintiffs Failed to Establish Prima Facie Case and Balance of Convenience. Court held that disputed questions of title and possession cannot be decided in injunction proceedings without proper evidence.

17 Jan 2013

The present appeals arise from a property dispute between M/s Girdhar Creations and others (original plaintiffs) and Baban Baburao Rathare and others ...

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