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 Dismisses Appeal by Workers' Union Against Mill Closure — No Interim Relief Granted as Closure Was Legal and Workers' Rights to Be Determined Under Section 25-O of Industrial Disputes Act, 1947. The court held that the appellants failed to make out a prima facie case for interim injunction against closure of the mill, as the closure permission was validly obtained and workers' statutory rights were protected.

22 Dec 2005

The appeal arose from an order of a single judge of the Bombay High Court dismissing the appellants' application for interim relief in a writ petition...

High Court

Bombay High Court Grants Interim Injunction in Copyright Infringement Case Over Hair Colour Product Trade Dress. L'Oreal's artistic work in label/trade dress held entitled to protection against alleged imitation by Henkel.

16 Aug 2005

The plaintiffs, L'Oreal India Pvt. Ltd. and its parent company, filed a suit seeking a permanent injunction against the defendants, Henkel Marketing I...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Temporary Injunction in Property Dispute — Petitioners Failed to Demonstrate Possession Despite Claiming Court Auction Purchase in 1939. The court upheld the concurrent findings that the respondents/plaintiffs had made out a prima facie case and balance of convenience was in their favor under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908.

3 Jul 2020

The petitioners, who claimed to have purchased the suit schedule property in a court auction in 1939, challenged the order dated 13.11.2018 on IA No.1...

High Court

Bombay High Court Restrains Flour Mill in Slum Area on Nuisance Grounds — Interim Injunction Upheld Pending Suit. The court held that the trial court's finding of prima facie nuisance and balance of convenience in favor of the plaintiffs was not perverse or erroneous.

12 Apr 2005

The appeal arose from a suit filed by the original plaintiffs (respondents 3 to 10) who were residents of a slum near V.P. Stadium, Worli, Mumbai. The...

High Court

Bombay High Court Dismisses Appeal Against Municipal Corporation's Demolition Notice for Unauthorized Construction. Court holds that IOD does not confer immunity from action for illegal construction beyond sanctioned plans under MRTP Act, 1966.

13 Apr 2005

The appellant, Parvez M. Yusuf, filed a suit challenging a notice issued by the Municipal Corporation of Greater Mumbai under Section 53(1) of the Mah...

High Court

High Court of Bombay at Goa Dismisses Appeal Against Construction of Crematorium Near Residential Area — No Violation of Right to Life Under Article 21 Found as Environmental Clearance and Statutory Approvals Were Obtained. The court held that the right to life does not include an absolute right to be free from inconvenience caused by lawful activities, and the balance of convenience favored the public utility.

18 Dec 2019

The appellant, Shri Rama Shanu Naik Dessai, filed an appeal against an order of the trial court refusing to grant an injunction to restrain the constr...

High Court

Bombay High Court Allows Appeal Against Ad-Interim Injunction in Redevelopment Dispute — Balance of Convenience Favors Society and Developer Over Individual Members. The court set aside the injunction restraining the society from alienating the suit flat, holding that the project was near completion and the members had not shown irreparable injury.

14 Oct 2019

The appeal arises from an ad-interim order passed by the Bombay City Civil Court at Dindoshi, Mumbai, which restrained the appellant, Goregaon Pearl C...

High Court

Bombay High Court Allows Appeals in Share Ownership Dispute, Sets Aside Injunction Against Transfer of Shares Held by Trust. Court holds that a trustee cannot seek declaration of exclusive ownership of trust property in personal capacity without joining all trustees and beneficiaries.

15 Oct 2019

The case involves two appeals from an order of the Joint Civil Judge Senior Division, Pune, dated 10 May 2019, which granted an interim injunction in ...

High Court

Bombay High Court Dismisses Airport Authority's Appeal Against Refusal of Injunction in Lease Dispute with Hotel Company. Court holds that a lessor cannot restrain lessee from creating third-party rights in assets or shareholding without a contractual bar, and that the lessee's use of FSI from one plot for construction on another does not constitute breach of lease terms.

18 Oct 2019

The appellant, Airport Authority of India (AAI), a statutory authority under the Airports Authority of India Act, 1994, filed an appeal against an ord...

High Court

Bombay High Court Upholds Injunction Against Alienation of Suit Property in Title Dispute — Petitioners Restrained from Transferring Property Pending Suit. Court Confirms That Prima Facie Case and Balance of Convenience Favored Plaintiffs Who Claimed Possession and Ownership Through Long-Standing Mutation Entries.

17 Sep 2019

The petitioners, original defendants, challenged an order of injunction passed by the learned Joint Civil Judge, Junior Division, Yeola on 15th March ...

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