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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Search Results for "balance of convenience"

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High Court

High Court of Karnataka Dismisses Appeal Against Refusal of Interim Injunction in Commercial Dispute Over Land Transfer. Section 9 of Arbitration Act Does Not Confer Right to Injunction Against Third Party Transferee Without Prima Facie Case of Fraud or Collusion.

13 Aug 2025

The appellants, Vasudev Garg, Chaitanya Garg, and Radhika Baig, filed a Commercial Appeal under Section 37(1)(b) of the Arbitration and Conciliation A...

High Court

High Court of Karnataka Dismisses Appeal Against Interim Injunction in Property Dispute — Appellants Failed to Establish Prima Facie Case or Balance of Convenience. The trial court's order granting temporary injunction under Order 39 Rules 1 and 2 CPC was upheld as the respondents demonstrated possession and the appellants' remedy lay in filing a counterclaim.

22 Jul 2025

The appellants, Smt. A.Y. Sathyavathi, Sri. Sagar Gowda, and Smt. Anushka, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of ...

High Court

High Court of Karnataka Allows Appeal in Property Injunction Dispute — Sets Aside Trial Court Order for Lack of Application of Mind. Order 39 Rule 1 and 2 CPC Injunction Granted Without Proper Consideration of Prima Facie Case, Balance of Convenience, and Irreparable Loss.

24 Jul 2025

The appellant, Sri Yathievendra Naik @ Yathish, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC)...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Temporary Injunction in Property Suit — Prima Facie Case and Irreparable Injury Established for Suit Property Protection. The court held that the appellant had made out a prima facie case, balance of convenience was in her favour, and irreparable injury would be caused if injunction was not granted under Order 39 Rule 1(a) CPC.

7 Jul 2025

The case involves a property dispute among family members. The appellant, Smt. M.D. Devamma (since deceased, represented by her legal heir Sri. Harish...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order in Suit for Specific Performance — Petitioner Failed to Establish Prima Facie Case for Interim Injunction Under Order 39 Rules 1 and 2 CPC.

8 Jul 2025

The petitioners, legal representatives of the original plaintiff Smt. Venkamma Namasivayam, filed a suit for specific performance of an agreement to s...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over HAMON Mark. Plaintiff's registered trademark 'HAMON' found to be infringed by Defendant's use of 'HAMON COOLING' and 'HCS HAMON COOLING' in trade and corporate name.

6 Jul 2026

The Plaintiff, John Cockerill Hamon SA, filed a Commercial IP Suit alleging infringement and passing off of its registered trademark 'HAMON' by the De...

High Court

High Court of Karnataka Dismisses Appeals Against Interim Injunction in Property Suit — Balance of Convenience Favors Plaintiff. The court upheld the trial court's order granting interim injunction under Order 39 Rules 1 and 2 CPC, finding no perversity in the exercise of discretion.

7 Jul 2025

The case involves four miscellaneous first appeals filed by the appellants, Mohamed Umar Seeni Ariff Khan and Mrs. Mumtaj Seeni Ariff Khan, against th...

High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Temporary Injunction in Property Suit — No Prima Facie Case Made Out for Injunction Against Co-Owners. Plaintiff Failed to Establish Exclusive Possession or Irreparable Injury, and Balance of Convenience Did Not Favor Injunction.

20 Jun 2025

The appellant, Sri Sriramulu, filed a Miscellaneous First Appeal under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 (CPC) against an ord...

High Court

High Court of Karnataka Allows Appeals Against Dismissal of Attachment Applications in Suit for Specific Performance — Prima Facie Case and Risk of Alienation Established. The court held that the appellants had made out a strong prima facie case for specific performance and that the respondents were attempting to alienate the property, warranting attachment before judgment under Order 38 Rules 1 and 2 CPC.

25 Jun 2025

The appellants, legal heirs of the original plaintiff, filed a suit for specific performance of an agreement of sale dated 05.12.2011 executed by the ...

High Court

Bombay High Court Dismisses Stay Application in Arbitral Award Challenge — No Automatic Stay Under Section 36 of Arbitration Act Without Strong Prima Facie Case. Court holds that mere filing of Section 34 petition does not warrant stay; applicant must demonstrate irreparable harm and balance of convenience.

14 Dec 2020

The judgment concerns an interim application filed by Kishor N Shah and others (the Shahs) under Section 36 of the Arbitration and Conciliation Act, 1...

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