Search Results for "prohibitory injunction"

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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 "prohibitory injunction"

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Supreme Court

Supreme Court Dismisses Appeal in Property Title Dispute — Res Judicata Not Applicable as Earlier Suit Was Only for Injunction, Not Title. Former Students' Suit in Representative Capacity for Declaration of Government Ownership Maintainable Despite Earlier Injunction Decree.

10 Mar 2025

The dispute pertains to a suit property bearing Sy.No.81 of Tumkur, originally belonging to Syed Md. Bokhari and Lankey. Due to non-payment of arrears...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. The First Appellate Court's judgment reversed the Trial Court's decree without framing points for determination or discussing evidence, rendering it unsustainable.

21 Dec 2023

The present Second Appeal was filed by the original defendants (appellants) against the judgment and decree dated 04/07/2005 passed by the learned 2nd...

High Court

Bombay High Court Dismisses Railway's Appeal Against Interim Stay of Termination Notice in Arbitration Dispute. Section 9 of Arbitration and Conciliation Act, 1996 grants wide power to courts to grant interim measures to protect the subject matter of arbitration, including stay of termination pending constitution of arbitral tribunal.

30 Jul 2021

The case involves two arbitration appeals filed by the Deputy Chief Engineer (Construction), Central Railway, Bhusawal (appellant) against orders pass...

High Court

Bombay High Court Allows Substitution of Legal Heirs in Pending Suit Despite Delay — Limitation Not Applicable to Abatement Set-Aside Application Under Order 22 Rule 9 CPC. The court held that Article 137 of the Limitation Act, 1963 does not govern applications under Order 22 Rule 9 CPC and that sufficient cause for delay must be liberally construed to advance substantial justice.

1 Jun 2021

The case arises from a civil suit for permanent injunction filed by the original plaintiff (since deceased) against the original defendant (since dece...

High Court

High Court of Karnataka Sets Aside Dismissal of Execution Petition on Limitation and Inexecutability Grounds — Decree Holder Granted Relief Under Article 227. Executing Court Erred in Holding Decree Inexecutable Without Considering Order XXI Rule 32 CPC.

7 Feb 2020

The petitioner, Smt. I A Kasturi, was the Decree Holder in Execution Petition No.722/2019 before the VII Additional City Civil Judge, Bengaluru. She f...

High Court

Bombay High Court Allows Amendment to Plaint in Suit for Compensation and Declaration of Sale Agreement as Void. Amendment Sought to Challenge Agreement for Sale of Property Allegedly Purchased with Siphoned Funds Allowed Under Order VI Rule 17 CPC.

5 Sep 2019

The Plaintiff, Edit II Productions, filed a suit seeking compensation for financial loss caused by the Defendants who allegedly siphoned funds from th...

High Court

Bombay High Court Partially Allows Appeal Against Arbitral Tribunal's Interim Order in Commercial Arbitration Dispute. Court upholds Tribunal's power to grant interim relief under Section 17 of Arbitration and Conciliation Act, 1996, but modifies order to balance interests of both parties.

25 Feb 2019

The judgment arises from two commercial arbitration petitions filed by Mahaguj Collieries Limited (the petitioner) under Section 37 of the Arbitration...

High Court

Bombay High Court Sets Aside Ad-Interim Mandatory Injunction in Property Dispute — Mandatory Injunction Requires Higher Threshold of Proof. Court holds that ad-interim mandatory injunction cannot be granted without considering serious questions to be tried, balance of convenience, and irreparable loss, and that the trial court must hear the notice of motion before passing such orders.

15 Oct 2013

The appellant, original defendant, challenged an ad-interim mandatory injunction passed by the City Civil Court, Dindoshi, on 16 September 2013, direc...

High Court

Bombay High Court Dismisses Appeal Against Dismissal of Suit Challenging MCGM Notice Under Section 354A of MMC Act — Suit Held Not Maintainable Due to Bar of Section 527 of MMC Act and Availability of Alternative Remedy Under Section 354A(3). The court held that the civil court's jurisdiction is barred when a statute provides a complete mechanism for redressal.

9 Oct 2013

The appellant, M/s. Akash Impex, a registered partnership firm, acquired suit property Gala No.24/25, CTS No. 240-C at Khetani Industrial Estate, Kurl...

High Court

Bombay High Court Dismisses Writ Petition Challenging Interlocutory Order for Possession in Cooperative Society Dispute — Petitioner Failed to Show Exceptional Circumstances for Interference Under Articles 226 and 227 of the Constitution of India. The Cooperative Court's Order Directing Possession Pending Adjudication Was Upheld as the Society Had a Prima Facie Case for Redevelopment and Balance of Convenience Favoured the Society.

27 Sep 2012

The petitioner, a retired individual and member of the Ambaji Niketan Cooperative Housing Society, challenged an interlocutory order passed by the Coo...

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