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 Allows Appeal Against Vacation of Status Quo in Construction Dispute — Plaintiff's Right to Setbacks Protected Pending Trial. The court restored the status quo order granted on 16.11.2012, holding that the trial court vacated it without any change in circumstances, and directed expeditious disposal of the suit.

13 Mar 2013

The appellant, Dr. C.M. Balakrishnan, filed a suit (O.S. No. 8120/2012) before the XXVII Additional City Civil Judge, Bangalore, seeking to restrain t...

High Court

Bombay High Court Dismisses Writ Petition Challenging Reversal of Temporary Injunction in Property Dispute Between Brothers. Compromise Decree for Partition Gives Defendant Right to Construct on His Share, Plaintiff Fails to Show Exclusive Possession.

19 Jan 2023

The dispute arose between two brothers, Udayraj Babaso Patil (petitioner/defendant) and Pramod Babaso Patil (respondent/plaintiff), over a suit proper...

High Court

Bombay High Court Allows Writ Petition Challenging Appellate Court's Order Granting Injunction in Property Dispute — Held That Trial Court's Refusal of Injunction Was Correct as Plaintiff Failed to Establish Prima Facie Case of Ownership Over Disputed D.P. Road Area.

24 Jan 2023

The present writ petition was filed by the defendants (petitioners) challenging the judgment and order dated 28.09.2022 passed by the learned District...

High Court

Bombay High Court Allows Asset Reconstruction Company's Petition Against DRT Interim Relief in SARFAESI Act Case — Assignment of Debt by IIFL Upheld. The court set aside the DRT and DRAT orders granting ad-interim relief restraining the petitioner from taking steps in respect of secured assets under Section 17 of the SARFAESI Act, 2002, as the tribunals failed to consider the validity of the assignment and the balance of convenience.

18 Jan 2023

The petitioner, ASREC (India) Ltd., an Asset Reconstruction Company, challenged the order of the Debt Recovery Tribunal (DRT) dated 2 June 2022 granti...

High Court

Bombay High Court Allows Appeal in Trademark Infringement Case — No Deceptive Similarity Between STIMULIV and STIMULET for Different Pharmaceutical Products. The court held that the mark 'STIMULET' used for an allopathic breast cancer drug does not infringe the registered mark 'STIMULIV' used for Ayurvedic liver medicines due to differences in nature, trade channels, and customers under Section 29(2) of the Trade Marks Act, 1999.

20 Jan 2023

The case involves a trademark infringement and passing off dispute between two pharmaceutical companies. The appellant, Corona Remedies Private Limite...

High Court

Bombay High Court Allows Petition Challenging Rejection of Temporary Injunction in Property Dispute — Finds Trial Court and Appellate Court Failed to Properly Consider Prima Facie Case and Balance of Convenience. The court held that a person in long possession is entitled to protection against dispossession without due process, and the appellate court must independently re-appreciate evidence.

17 Jan 2023

The petitioner, Pushpa Laxman Vartak, filed a writ petition challenging the orders of the trial court and appellate court refusing her application for...

High Court

Bombay High Court Allows Writ Petition Challenging Lifting of Temporary Injunction in Property Dispute. Court Restores Injunction Restraining Alienation and Development of Suit Property Pending Suit for Declaration of Share and Challenge to Revocation of Will and Gift Deed.

27 Feb 2023

The petitioner, Ravikiran Vasant Gore, filed two writ petitions challenging the judgment and order dated 25 January 2021 passed by the District Judge-...

High Court

Bombay High Court Allows Writ Petition in Property Injunction Dispute — Upholds Trial Court's Order Restraining Alienation of Suit Property. Court Holds That Appellate Court Erred in Reversing Temporary Injunction Without Considering Prima Facie Case and Balance of Convenience Under Order 39 Rules 1 and 2 of CPC.

10 Apr 2024

The petitioner, Harshwardhan Dhanaji Patil, filed a writ petition challenging the judgment and order dated 30.10.2023 passed by the learned District C...

High Court

Bombay High Court Grants Interim Injunction Restraining Co-operative Housing Society from Appointing Another Developer in Redevelopment Dispute. Letters exchanged between developer and society held to constitute a binding contract for redevelopment, and termination letter declared illegal.

1 Feb 2024

The plaintiff, Pittie Antariksh Grl Pvt Ltd, a real estate company, filed a suit seeking declaration that letters dated 30/8/2021 and 23/10/2021 const...

High Court

Bombay High Court Allows Commercial Appeal Against Rejection of Interim Relief in Contract Dispute — Holds That Arbitrability of Disputes Does Not Bar Grant of Interim Measures Under Section 9 of the Arbitration and Conciliation Act, 1996. The Court Remands Matter for Fresh Consideration on Merits, Emphasizing That Prima Facie Case, Balance of Convenience, and Irreparable Loss Must Be Examined.

8 Feb 2024

The appellant, M/s. Ambarwadikar and Company, a registered partnership firm engaged in infrastructure business, filed a commercial appeal against a co...

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