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

High Court of Karnataka Dismisses Revision Petition in Suit for Permanent Injunction — Petitioner Fails to Show Interlocutory Order Suffers from Jurisdictional Error or Material Irregularity. The court upheld the trial court's grant of temporary injunction under Order 39 Rules 1 and 2 CPC, finding that the plaintiff had made out a prima facie case and balance of convenience favored them.

1 Jul 2014

The petitioner, S.N. Prakash, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 28.0...

High Court

Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Trade Mark Infringement Suit — Appellant's Prior User and Registration of Mark 'Shriphal' Establishes Prima Facie Case for Injunction.

6 May 2022

The appellant, M/s. Mysore Deep Perfumery Household, a partnership firm engaged in manufacturing and exporting agarbatti, scent, perfume, camphor, dho...

High Court

Bombay High Court Allows Appeal Against Injunction in Specific Performance Suit — Prima Facie Case Not Established. Court holds that mere execution of an earnest note and payment of earnest money does not create a transfer of possession or title, and the trial court's finding of possession was based on insufficient evidence.

22 Apr 2022

The present appeal arises from an order dated 16.01.2018 passed by the learned Additional Sessions Judge, Wardha, in Regular Civil Appeal No. 24/2017,...

High Court

Bombay High Court Grants Interim Injunction in Copyright Infringement Suit Against News Channel for Unauthorized Broadcast of Cinematographic Films. The court held that the plaintiff had made out a prima facie case of ownership and infringement, and the balance of convenience favored granting injunction to prevent irreparable loss.

27 Apr 2022

The plaintiff, Shemaroo Entertainment Limited, a public limited company engaged in the production, exhibition, distribution, and exploitation of cinem...

High Court

Bombay High Court Grants Interim Injunction Restraining Construction in Property Dispute Among Family Members. Alleged Breach of Development Agreement and Illegal Construction on Common Property Leads to Status Quo Order.

26 Apr 2022

The dispute arises out of a family arrangement among the Motwane family members regarding a larger property at Khar, Mumbai. On 31st March, 1990, the ...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Interim Injunction in Property Partition Suit — No Prima Facie Case or Irreparable Loss Established. Court upholds Single Judge's finding that appellant failed to demonstrate exclusive ownership or possession of suit property, and balance of convenience did not favor grant of injunction.

1 Apr 2022

The appeal arose from an order dated 25th October 2021 passed by a learned Single Judge of the Bombay High Court dismissing the Appellant's Interim Ap...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Property Dispute. Petitioner Failed to Establish Prima Facie Case for Injunction Against Trustees and Trust Properties Under Order 39 Rules 1 and 2 CPC.

13 Apr 2022

The petitioner, Sandeep Vijayrao Ingle, filed a writ petition challenging the order dated 01.02.2020 passed by the 17th Joint Civil Judge, Senior Divi...

High Court

Bombay High Court Allows Appeal Against Refusal of Injunction in MOFA Suit — Maintainability Against Non-Parties to Agreement Upheld. The court held that statutory obligations under MOFA can be enforced against promoters even if they are not parties to the agreement, and granted interim injunction restraining creation of third-party rights.

26 Apr 2022

The appellants, who were plaintiffs in the suit, sought enforcement of statutory obligations under the Maharashtra Ownership Flats Act (MOFA) against ...

High Court

Bombay High Court Allows Appeal Against Interim Injunction in Suit for Cancellation of Sale Deeds. Consent order in previous suit does not create estoppel against defendants in subsequent suit for different reliefs.

7 Apr 2022

The respondents-plaintiffs filed Special Civil Suit No. 102/2020 seeking cancellation of registered sale deeds, perpetual injunction, and alternativel...

High Court

Bombay High Court Allows Appeal by Cooperative Society Against Injunction in Suit for Declaration and Injunction Regarding Corporation Notice Under MMC Act — Held That Trial Court Failed to Consider Prima Facie Case and Balance of Convenience.

21 Apr 2022

The appellant, Jaywant Industrial Premises Co-Operative Society Ltd., was a defendant in L.C. Suit No.825 of 2019 filed by the respondent, Sangeeta Ke...

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