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1 - 6 of 6 (0.57 seconds)D.H. Maniar & Ors vs Waman Laxman Kudav on 24 August, 1976
In D.H.Maniar & Ors Vs.
Waman Laxman Kudav 1977 (1) SCR 403 it
was laid down by the Hon'ble Supreme
Court that "after the revocation of the
licence the person in possession
becomes a tresspasser and he has no
semblance right to continue in
occupation of the premises and such
person cannot seek the protection from
a court of law. Therefore, I am not
able to exercise my discretion in
favour of the plaintiff; and hold that
the plaintiff has not made out a prima
facie strong case for the issuance of
injunction". In the aforesaid case the
alleged licencee was denied ad-interim
relief.
Sopan Sukhdeo Sable & Ors vs Assistant Charity Commissioner & Ors on 23 January, 2004
In Sopan Sukhdeo Sable & Ors
Vs Assistant Charity Commissioner & Ors
His lordships Mr. Justice Doraiswamy
Raju & J. Arijlt Pasayat made reference
to Dalpat Kumar Vs. Prahlad Singh, 1992
(1) SCC 719, in regard to the meaning
:10:
of the words 'prima facie case' and
'balance of convenience' and observed
in Mahadeo's case (supra) that:
Dalpat Kumar And Anr. vs Prahlad Singh And Ors. on 16 December, 1991
In Sopan Sukhdeo Sable & Ors
Vs Assistant Charity Commissioner & Ors
His lordships Mr. Justice Doraiswamy
Raju & J. Arijlt Pasayat made reference
to Dalpat Kumar Vs. Prahlad Singh, 1992
(1) SCC 719, in regard to the meaning
:10:
of the words 'prima facie case' and
'balance of convenience' and observed
in Mahadeo's case (supra) that:
Classic Motors Ltd. vs Maruti Udyog Ltd. And Ors. on 1 February, 1995
(i) Classic Motors Ltd Vs. Maruti Udyog
Ltd & Ors, 57(1995) Delhi Law times 677
and (ii) State of UP and others and
Lucknow Dev. Authority and other, AIR
1989 Supreme Court 997; it was
submitted that as per agreement of
licence dated 30.07.2005 since licence
was awarded for a period of 60 months
and the plaintiff has made huge
investments and generated goodwill;
requisite ingredients for grant of
interim relief till disposal of the
suit are made out.
Erode Municipality vs N.Arumugham on 18 July, 2002
11. And lastly; in view of the
factual matrix of the case; blanket
injunction cannot be issued in
perpetuity. On this premise; I am
supported by (Erode Municipality Vs.
N.Arumugham, 2003 AIHC 3334 (3335)
(Mad). In the said case, it was laid,
"directing the local bodies like
Municipal Board to renew the lease of
its shops, instead of holding fresh
auction of lease, as the property
cannot be allowed to the fettered by
perpetuity".
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