owners of the suit premises, the balance tilted in his favour. Mr. Dhanuka submitted that it was an error to hold that the ownership tilted ... owners of the suit premises the said fact tilted the balance in favour of the respondents. It was submitted that this finding given
landlord and the tenant it is clear that the scale is tilted in favour of the plaintiffs."
Miss Anklesaria contended that in that particular ... Court, the Supreme Court found the balance or sale to have been tilted in favour of the landlord because it was found by the Court
elements of balance of convenience and irreparable loss must firmly tilt in favour of
the party seeking such a relief.
43. Mr. Upadhyay, learned Counsel
elements of balance of convenience and irreparable loss must firmly tilt in favour of
the party seeking such a relief.
43. Mr. Upadhyay, learned Counsel
from the other facts and circumstances which I shall now refer to tilts the balance in favour of the relationship between the plaintiff ... supports the Defendants case.
60. The following facts however in my opinion tilt the balance and indeed indicate clearly that the relationship between the plaintiff
elements, heavily exposed reinforcement in
columns and beams of framed structures,
deflected/tilted and propped structural elements
and water leakages) as per the BCS report ... data recording settlements, tilt or change in the
crack width with respect to such buildings have
been recorded. Further, the same construction
techniques have been
thus be seen that insofar as the first test is concerned, it tilt
towards the possibility of death by hanging.
11. Insofar as the second ... caught in between the teeth. As such this test also tilts
towards a case of hanging.
13. The next test shows that in case
Respondents are part
of a powerful liquor lobby and are competent to tilt the enforcing agencies
to suit the needs of the Respondents. The Appellant ... contended that, no prima
facie case, balance of convenience or irreparable loss tilts in favour of the
Appellant and prayed that, the said Application
other hand,
considering the Writ Petition on merits would not tilt the scale against
MSEDCL and the State.
Page 24 of 48
January ... Supreme
Court, when assessing whether providing any remedy would tilt the
balance of justice or injustice in favour of one party or the other
Digambar R. Agawane vs The Directiorate Of Enforcement And Anr on 20 August, 2025
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