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

Bombay High Court Dismisses Writ Petition of Conductor Challenging Rejection of Interim Relief in Unfair Labour Practice Complaint. Petitioner Failed to Establish Strong Prima Facie Case for Reinstatement Pending Final Adjudication of Dismissal for Misappropriation of Funds.

17 Jul 2023

The petitioner, Subhash Gulabchand Pawar, was employed as a Conductor with the Maharashtra State Road Transport Corporation (MSRTC) since January 2006...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Temporary Injunction in Property Dispute — No Interference with Trial Court's Discretion Under Order 39 CPC. The Court held that the trial court's refusal to grant injunction was not perverse and the appellate court should not substitute its own discretion.

8 Jun 2023

The present appeal arises from an order passed by the trial court refusing to grant a temporary injunction in favor of the appellants/plaintiffs. The ...

High Court

Bombay High Court Dismisses Notice of Motion for Injunction in Property Dispute — Plaintiffs Fail to Establish Prima Facie Case for Interim Relief. Court holds that mere pendency of suit does not entitle plaintiffs to injunction without showing strong prima facie case, balance of convenience, and irreparable loss.

5 Jun 2023

The present Notice of Motion was filed in 2015 in Suit No. 693 of 2015 by the plaintiffs, Sudha Aziz Jhaveri and others, seeking an interim injunction...

High Court

Bombay High Court Allows Writ Petition Challenging Co-operative Court Order in Redevelopment Dispute — Society's General Body Resolution for Redevelopment Upheld Over Member's Challenge. The court held that a dispute under Section 91 of the Maharashtra Co-operative Societies Act, 1960 must touch the business of the society, and a challenge to a General Body resolution for redevelopment does not fall within its purview.

23 Jun 2023

The petitioner, Nutan Jaibharat Co-operative Housing Society Limited, a co-operative housing society with 47 members, filed a writ petition challengin...

High Court

Bombay High Court Dismisses Plaintiffs' Interim Applications in Commercial Suit for Declaration and Injunction Against Bank's Auction of Secured Assets. Court holds that plaintiffs failed to establish a prima facie case for interim relief as the bank's possession and auction of secured assets under SARFAESI Act were valid and not vitiated by any fraud or collusion.

5 Jun 2023

The plaintiffs, Cheerful Trade and Realty Developers Pvt Ltd and Aristo Realty Developers Ltd, both non-banking financial companies, filed a commercia...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit Involving COVID-19 Vaccine 'COVISHIELD'. The court restrained defendants from using the mark 'COVISHIELD' or any deceptively similar mark for pharmaceutical products, finding a prima facie case of infringement and passing off.

5 Jun 2023

The plaintiffs, Serum Institute of India Pvt. Ltd. and another, filed a suit for trademark infringement and passing off against the defendants, Yohan ...

High Court

Bombay High Court Dismisses Interim Injunction in Trademark Infringement Suit Over 'MAUJ' vs 'MOJ' — No Deceptive Similarity Found. Phonetic and structural comparison of marks 'MAUJ' and 'MOJ' held not deceptively similar; plaintiff failed to establish prima facie case for interim relief.

5 Jun 2023

The plaintiff, Mauj Mobile Private Limited, filed a commercial IP suit alleging infringement of its registered trademark 'MAUJ' (registered in Classes...

High Court

Bombay High Court Dismisses Appeal Against Order Allowing Withdrawal of Fixed Deposits to Pay Statutory Dues in Family and Corporate Dispute. Court upholds trial court's discretion to permit defendant No.1 to liquidate company fixed deposits for payment of property tax and income tax, subject to undertaking.

28 Jun 2023

The appeal arises from an order dated 11 November 2019 passed by the City Civil Court, Greater Bombay, in Notice of Motion No.1182 of 2019 in SC Suit ...

High Court

Bombay High Court Allows Appeal in Property Dispute Over Development Rights — Interim Injunction Set Aside for Lack of Prima Facie Case. Court holds that a co-operative housing society cannot be restrained from developing its property based on an agreement that was superseded by subsequent consent terms and where the plaintiff failed to demonstrate a clear right to specific performance.

5 Jun 2023

The dispute pertains to a property bearing CTS No. 229 and 267, admeasuring 1392.12 sq. meters, situated at Nehru Nagar Housing Board Colony, Kurla (E...

High Court

Bombay High Court Allows Appeal Against Refusal of Interim Relief in Arbitration Dispute Over Share Pledge and Corporate Guarantee — Holds That Prima Facie Case and Balance of Convenience Favored Appellant for Injunction Against Enforcement of Personal Guarantees and Share Pledge Pending Arbitration.

2 May 2023

The appellant, Palmview Investments Overseas Limited, a company incorporated in the British Virgin Islands, filed an appeal against an order of the Co...

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