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    <title>1995 (1) TMI 398 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=184723</link>
    <description>Temporary injunction will not be granted in favour of a party in unlawful possession against the true owner unless a strong prima facie case, balance of convenience and irreparable injury are shown. Here, the appellants had no subsisting right to remain in possession because the acquisition process had concluded, possession had been taken, the leave and licence had expired, and the eviction order had attained finality. The municipal resolutions did not create any enforceable right or title. In interlocutory relief affecting a public project, the court must also weigh public interest and the prejudice caused by delay, and may consider compensation or damages where relevant. The ad interim injunction was therefore set aside.</description>
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    <pubDate>Tue, 24 Jan 1995 00:00:00 +0530</pubDate>
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      <title>1995 (1) TMI 398 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=184723</link>
      <description>Temporary injunction will not be granted in favour of a party in unlawful possession against the true owner unless a strong prima facie case, balance of convenience and irreparable injury are shown. Here, the appellants had no subsisting right to remain in possession because the acquisition process had concluded, possession had been taken, the leave and licence had expired, and the eviction order had attained finality. The municipal resolutions did not create any enforceable right or title. In interlocutory relief affecting a public project, the court must also weigh public interest and the prejudice caused by delay, and may consider compensation or damages where relevant. The ad interim injunction was therefore set aside.</description>
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      <pubDate>Tue, 24 Jan 1995 00:00:00 +0530</pubDate>
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