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

Madras High Court Allows Revision, Restores Temporary Mandatory Injunction for Cart Track Access in Property Dispute. Appellate Court Exceeded Jurisdiction Under Order 43 Rule 1(r) CPC by Re-appreciating Evidence on Merits Instead of Confining to Jurisdictional Errors.

23 Feb 2026

The petitioners (plaintiffs) filed a civil suit seeking a permanent injunction and a temporary mandatory injunction to restore a cart track that alleg...

High Court

Madras High Court Allows Civil Revision Petitions in Suit for Partition and Injunction — Trial Court Erred in Dismissing Applications for Appointment of Advocate Commissioner and Interim Injunction Without Proper Application of Mind. The court held that an Advocate Commissioner is necessary to identify the suit property and that the plaintiffs had made out a prima facie case for injunction under Order 39 Rules 1 and 2 CPC.

24 Feb 2026

The case involves three civil revision petitions filed by the plaintiffs, Vadivel and Chidambaram, against the order dated November 10, 2022 passed by...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Trade Mark Infringement Suit. Prior user of trade mark 'City Collection' entitled to interim protection despite pending registration under Trade Marks Act, 1999.

28 Feb 2017

The appeal arose from an order of injunction passed in a Trade Mark Suit filed by the respondents (plaintiffs) temporarily restraining the appellant (...

High Court

Bombay High Court Dismisses Appeal in Trademark Infringement Case — No Interim Relief Granted for Alleged Deceptive Similarity Between 'DEXORANGE' and 'LUPINEXORANGE'. The court held that the marks were visually and phonetically distinct, and the appellant failed to establish a prima facie case for interim injunction.

10 Feb 2017

The appellant, Franco-Indian Pharmaceuticals Pvt. Ltd., filed an appeal against an order of the learned Single Judge refusing to grant interim relief ...

High Court

Bombay High Court Allows Appeal Against Dismissal of Temporary Injunction in Specific Performance Suit — Prima Facie Case and Balance of Convenience Found in Favour of Plaintiff-Builder Under Memorandum of Understanding. The court held that the Memorandum of Understanding dated 21.5.2011 constituted a binding agreement for sale and the plaintiff had made out a prima facie case for grant of injunction under Order 39 Rules 1 and 2 CPC.

5 May 2017

The appellant, M/s. Merces Builders Private Limited, filed an appeal against an order dated 16.4.2016 passed by the learned Senior Civil Judge, Panaji...

High Court

Bombay High Court Dismisses Section 9 Petition for Injunction in Arbitration Dispute Over Development Agreement. Court holds that disputes regarding termination of a development agreement are arbitrable and that interim relief under Section 9 cannot be granted when the agreement itself provides for termination and the petitioner has an adequate remedy under the arbitration clause.

2 May 2017

The petitioner, B.E. Billimoria & Company Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking an injunctio...

High Court

High Court of Bombay at Goa Dismisses Appeal by Goa University Against Injunction in Easement Dispute. Right of Way Claim Upheld Based on Long User and Necessity Under Indian Easements Act, 1882.

27 Apr 2017

The case involves an appeal by Goa University (original defendants) against an order dated 24.06.2016 passed by the District Judge-1, North Goa, Panaj...

High Court

Bombay High Court Dismisses Appeal by Goa State Infrastructure Development Corporation Against Injunction Restraining Construction of Bridge Over Plaintiff's Property. Court Upholds Trial Court's Finding That Plaintiff's Consent Was Not Obtained and That the Corporation Failed to Establish Any Right to Enter Private Land Without Acquisition or Consent.

27 Apr 2017

The appellant, Goa State Infrastructure Development Corporation Limited, filed an appeal against an order of the trial court granting temporary injunc...

High Court

Bombay High Court Grants Interim Injunction in Design Infringement and Passing Off Case — Cello's PURO Bottle Design Held Prima Facie Novel and Original, Modware's Product Found Indistinguishable. The court found that the defendants' bottle was identical in shape, configuration, and surface ornamentation to the plaintiffs' registered design under the Designs Act, 2000, and that the packaging was also deceptively similar, warranting interim relief.

30 Mar 2017

The plaintiffs, Cello Household Products and Cello Plastic Industrial Works, filed a suit for design infringement and passing off against Modware Indi...

High Court

Bombay High Court Dismisses Interim Injunction in Specific Performance Suit — No Prima Facie Case for Restraint Against Developer. Court holds that mere existence of an agreement for sale does not entitle a plaintiff to an interim injunction restraining the defendant from dealing with the property, especially when the agreement is not registered and the plaintiff's conduct shows delay.

2 Mar 2017

The plaintiff, Sukhwant Properties Pvt Ltd, filed a suit for specific performance of an agreement for sale dated 15th October 2010, by which the 1st d...

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