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...
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Search Results for "balance of convenience"

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High Court

Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Property Dispute — Appellants Failed to Establish Prima Facie Case and Balance of Convenience. The court held that the appellants, claiming ownership through inheritance, did not prove possession or title over the suit property, and the trial court's order refusing injunction was not perverse or arbitrary.

3 May 2019

The appellants, Smt. Ratnem Vishnu Kamat and Mr. Vishnu Manjunath Kamat, filed an appeal against the order dated 21/09/2018 passed by the Senior Civil...

High Court

Bombay High Court Dismisses Petition Challenging Ganesh Idol Installation and Road Closure. Temporary road closure for religious festival is permissible under police powers and municipal byelaws, balancing public convenience and religious sentiments.

7 May 2019

The petitioners, residents and a builder, filed a writ petition challenging the installation of a Ganesh idol and the closure of a road in Pune by the...

High Court

Bombay High Court Partially Allows Appeal Against Arbitral Tribunal's Interim Order in Commercial Arbitration Dispute. Court upholds Tribunal's power to grant interim relief under Section 17 of Arbitration and Conciliation Act, 1996, but modifies order to balance interests of both parties.

25 Feb 2019

The judgment arises from two commercial arbitration petitions filed by Mahaguj Collieries Limited (the petitioner) under Section 37 of the Arbitration...

High Court

Bombay High Court Dismisses Appeal in Share Dispute Case — Upholds Trial Court's Refusal of Interim Injunction. Court held that the appellants failed to establish a prima facie case for restraining the pledge of shares, as the shares were not proved to be held in a fiduciary capacity.

30 Nov -0001

The case involves a dispute between two branches of the Arya family over shares of Arya Iron & Steel Co. Pvt. Ltd. The appellants, Ravi Arya and other...

High Court

Bombay High Court Dismisses Appeal Against Order Refusing Interim Relief in Share Dispute — No Prima Facie Case for Injunction Against EGM and Share Transfer. Court held that balance of convenience did not favour restraining the holding company from exercising its voting rights and that the appellants failed to establish a strong prima facie case for the relief sought.

13 Feb 2019

The case involves a dispute between the appellants (Ravi Arya, Nakul Arya, Sushma Arya, Varun Arya, and Ravi Arya HUF) and the respondents, including ...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Bank Guarantee Dispute. Court upholds restraint on encashment of bank guarantee subject to deposit of amount, finding no perversity in the Tribunal's order under Section 37 of the Arbitration and Conciliation Act, 1996.

25 Feb 2019

The petitioner, Mahaguj Collieries Limited, filed two arbitration petitions under Section 37 of the Arbitration and Conciliation Act, 1996, challengin...

High Court

Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

19 Nov 2012

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

High Court

Bombay High Court Dismisses Writ Petition Challenging Civil Judge's Order Refusing Temporary Injunction in Property Dispute. Petitioner Failed to Establish Prima Facie Case Under Order 39 Rules 1 and 2 CPC for Declaration and Injunction Suit.

30 Nov 2012

The petitioner, Dr. Ena Maria Carvalho E Abreu, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 30th N...

High Court

Bombay High Court Dismisses Petition Challenging Injunction Orders in Property Dispute — Mundkar Rights and Possession Prima Facie with Respondent. The court upheld the dismissal of temporary injunction as the respondent established mundkar rights and possession through survey records, and the petitioner failed to show better title or possession.

4 Oct 2012

The petitioner, Shri Shantadurga Kumbarjuvenkarin Devasthan, filed a writ petition challenging the orders of the courts below dismissing its applicati...

High Court

Bombay High Court Grants Interim Injunction in Share Dispute Alleging Fraudulent Transfer. Plaintiff's claim for half share in father's estate upheld pending trial due to prima facie evidence of fraudulent share transfer under Companies Act.

30 Oct 2012

The plaintiff, Prabodh Jamnadas Kothari, filed a suit seeking declaration of the estate of his deceased father and his 1/2 share therein, particularly...

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