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 Writ Petition Challenging Injunction Against Bank Guarantee Encashment — Appellate Court's Order Set Aside for Failure to Establish Fraud or Special Equities. The court held that an injunction against bank guarantee can only be granted in exceptional circumstances of fraud or special equities, and the appellate court erred in granting such relief without proper findings.

23 Jun 2005

The petitioner, Man Industries India Ltd., challenged the order of the 6th Adhoc Additional District Judge, Pune, in Miscellaneous Appeal No.150 of 20...

High Court

Bombay High Court Allows Appeal Against Injunction in Property Dispute — Appellant Not Bound by Memorandum of Understanding Between Plaintiff and Defendant No.1. Court holds that an injunction cannot be granted against a party who is not a signatory to the agreement and whose title is not disputed, under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908.

30 Jun 2005

The appeal arose from an order dated 21-4-2005 passed by the City Civil Court at Mumbai in Notice of Motion No.1006 of 2005 in Short Cause Suit No.124...

High Court

Bombay High Court at Goa Allows Writ Petition Challenging Reversal of Temporary Injunction — Appellate Court Exceeded Jurisdiction by Substituting Its Own View Without Finding Perversity. Trial Court's Order Granting Injunction Restored as Plaintiffs Established Prima Facie Case and Balance of Convenience.

3 Mar 2005

The petitioners, original plaintiffs in Regular Civil Suit No.116/04/B, filed a suit for declaration and permanent injunction against the respondents,...

High Court

Bombay High Court Allows Transfer of Guardianship and Maintenance Proceedings from Nashik to Pune on Grounds of Wife's Convenience and Safety. Wife's difficulty in traveling with minor child and safety concerns outweigh husband's inconvenience in traveling from Kolkata.

4 Mar 2005

The applicant, Sunanda Dasgupta, wife of the respondent Tapashankar Dasgupta, filed an application under Section 24 of the Code of Civil Procedure, 19...

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. The court held that the plaintiffs, claiming ownership under a 1954 sale deed, could not show possession or superior title, and the defendants' possession and building permissions weighed against granting injunction.

21 Mar 2005

The appellants, original plaintiffs, filed a suit in the Bombay High Court seeking a declaration of ownership and permanent injunction against the def...

High Court

Bombay High Court Upholds Temporary Injunction in Favor of Plaintiff in Suit for Declaration of Title and Possession. The court found that the plaintiff had made out a prima facie case and that the balance of convenience was in his favor, restraining the bank from evicting him pending suit.

18 Mar 2005

The appeal arises from a suit filed by the respondent No.1 (original plaintiff) against the appellant (original defendant No.1) and respondent Nos.2 a...

High Court

Bombay High Court Dismisses Appeal Against Temporary Injunction in Property Suit — Appellants Restrained from Obstructing Common Possession and Enjoyment of Suit Property. Sale Deed Executed During Pendency of Suit Held Not Binding on Plaintiffs Under Doctrine of Lis Pendens.

24 Jan 2005

The appellants, who were defendants in a suit filed by respondent nos.1 to 5, challenged an order dated 11th July 2003 passed by the trial court allow...

High Court

Bombay High Court Partially Allows Appeal Against Demolition Notice Under Section 351 of MMC Act, 1888 — Terrace Room Protected But Three Sheds Not Entitled to Injunction. The court held that balance of convenience and prima facie case did not favour protecting the three sheds from demolition.

7 Feb 2005

The appellant, Abhinandan Commercial Centre Pvt. Ltd., filed an appeal against an order of the City Civil Court dated 13th January 2005, which partly ...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Property Dispute Over Alleged Illegal Construction. Court upholds trial court's order restraining construction pending determination of title and compliance with municipal regulations.

30 Nov -0001

The case involves an appeal against an ad-interim injunction granted by the trial court restraining the appellants from carrying out construction on a...

High Court

Bombay High Court Allows Appeal Against Rejection of Section 9 Application in Arbitration Dispute Over Television Serial Marketing Rights. Right of First Refusal Protected Pending Arbitration Under Section 9 of the Arbitration and Conciliation Act, 1996.

9 Feb 2005

The appellant, UTV Software Communications Ltd., entered into an agreement with the respondent, Radaan Media Works Ltd., on 21 June 2001, under which ...

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