Search Results for "prima facie case"

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Search Results for "prima facie case"

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High Court

Bombay High Court Allows Arbitration Appeal Against Rejection of Section 9 Application for Appointment of Receiver in BOT Road Contract Dispute. The court held that the appellant contractor had a prima facie case and was entitled to appointment of a receiver to collect tolls pending arbitration under Section 9 of the Arbitration and Conciliation Act, 1996.

16 Nov 2013

The appellant, Ashoka Buildcon Ltd., a construction company, entered into a Build-Operate-Transfer (BOT) contract with the State of Maharashtra for im...

High Court

Bombay High Court Allows Revision Against Quashing of Process in Dowry Harassment Case — Reinstates Complaint Alleging Offences Under IPC Sections 120-B, 465, 468, 471, 323, 506 r/w 34. The Sessions Court exceeded its revisional jurisdiction by reappreciating evidence at the stage of issuance of process, where the Magistrate had correctly found a prima facie case.

22 Nov 2013

The petitioner, Jayshree Hogale, filed a complaint in the Court of Judicial Magistrate First Class, Osmanabad, against five persons including her in-l...

High Court

Bombay High Court Allows Tenant's Writ Petition Against Eviction Order in Rent Control Case — Administrative Tribunal's Order Set Aside for Violation of Natural Justice and Lack of Proper Inquiry Under Section 32(4) of Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968. The court held that the Tribunal failed to conduct a summary inquiry and give the tenant a fair hearing before directing eviction.

10 Oct 2013

The petitioner, Smt. Kanchan Ramdas Morascar, was a tenant in a premises used for shoe business, originally leased to her father-in-law and later cont...

High Court

Bombay High Court Allows Builder's Appeals Against Interim Injunction in Specific Performance Suits — Agreements to Sell Not Concluded as Essential Terms Remained Unsettled. The court held that without a concluded contract, no prima facie case exists for interim injunction under Specific Relief Act, 1963.

30 Nov -0001

The appellant, M/s Rupji Constructions, a partnership firm engaged in construction business, entered into several agreements to sell with various flat...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit, Restrains Subsequent Purchaser from Alienating Property During Pendency of Suit. Doctrine of lis pendens under Section 52 of Transfer of Property Act, 1882 applies to subsequent purchaser who bought property during pendency of suit for specific performance.

9 Oct 2013

The appellant, M/s. Rehab Housing Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 16 April 2006 against the original o...

High Court

Bombay High Court Dismisses Appeal in MOFA Agreement Dispute Due to Delay and Conduct — Termination of Agreement Upheld as Plaintiffs Failed to Seek Timely Interim Relief.

25 Oct 2013

The appellants, Purnimakumari Dharmendra Jain and Dharmendra Khetalal Jain, filed a suit in the Bombay High Court seeking a declaration that an agreem...

High Court

Bombay High Court Dismisses Appeal for Interim Relief in Specific Performance Suit — Minutes of Meeting Not a Concluded Contract. Court holds that minutes recording discussions and basic terms, without payment or execution of sale deed, do not constitute a concluded contract warranting interim protection under Specific Relief Act, 1963.

19 Oct 2013

The appellant, Bharat Petroleum Corporation Limited (BPCL), filed a suit for specific performance of an alleged agreement for sale of property against...

High Court

Bombay High Court Dismisses Appeals Against Interim Injunction in Property Dispute — Status Quo Vacated and Injunction Granted to Protect Possession Pending Suit. The court upheld the trial court's finding that the respondents had a prima facie case and balance of convenience in their favor, and that the appellants failed to show any perversity or illegality in the impugned order.

23 Oct 2013

The case involves two appeals from order challenging a common order dated 11 February 2013 passed by the trial court in Special Civil Suit No. 577 of ...

High Court

Bombay High Court Allows Appeal in Copyright Assignment Dispute — Interim Injunction Granted to Appellant-Producer Based on Conduct and Prima Facie Rights. The court held that the conduct of the parties, including acceptance of consideration and performance of 38 shows without objection, creates a strong prima facie case for injunction under the Copyright Act, 1957.

14 Oct 2013

The appellant, M/s Ashwamedh Production, a registered partnership firm, filed an appeal against an order dated 13 May 2013 passed by the learned Distr...

High Court

Bombay High Court Dismisses Appeals Against Injunction in Specific Performance Suit — Agreement to Sell Not Concluded Due to Unfulfilled Conditions Precedent. The court held that the agreement was subject to conditions precedent and the plaintiffs failed to show readiness and willingness, but balance of convenience favored maintaining status quo.

30 Nov -0001

The appellant, M/s Mahavir Associates, a partnership firm, filed appeals against an order of the Trial Court granting temporary injunction in favor of...

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