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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantees in Arbitration Dispute. Performance Guarantees Are Independent Contracts and Cannot Be Restrained Except in Case of Fraud or Irretrievable Injustice....

The appellant, M/s S. Satyanarayana & Co., a partnership firm, was awarded a contract by respondent no.1, M/s West Quay Multiport (Private Limited), for supply of materials and labour charges for cons...

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Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit Involving 'Kalpataru' Mark. The plaintiff, a well-known real estate developer, successfully restrained the defendants from using the mark 'Kalpataru' for their housing project, as it was deceptively similar to the plaintiff's registered and well-known trademark....

The plaintiff, Kalpataru Properties Pvt. Ltd., a builder and developer established in 1975, has used the mark 'Kalpataru' as an integral part of its corporate name and holds registrations for the mark...

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Bombay High Court Dismisses Suit for Specific Performance of Unsigned MOU for Flat Purchase. Contract Not Concluded as Essential Terms Were Not Finalized and MOU Remained Unsigned....

The plaintiffs, Rohit A. Kapadia and Sandhya R. Kapadia, filed a suit against the defendant, Perviz J. Modi, seeking specific performance of an alleged contract for the purchase of a flat. The plainti...

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Bombay High Court Declares Police Detention Illegal, Awards Compensation for Violation of Article 21. Unauthorized Custody of Husband at Wife's Parental Home Without Arrest or Remand Constitutes Illegal Detention....

The petitioner, Satish Salvi, filed a criminal writ petition seeking a declaration that his detention by police officers from 15:00 hours on 12 April 2014 to 11:00 hours on 14 April 2014 was illegal. ...

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Bombay High Court Dismisses Petition Alleging Illegal Detention by Police Officer — No Credible Evidence of Custodial Abuse Found. Petitioner Failed to Prove Detention Despite Claiming Two-Day Custody Without Reason....

The petitioner, Fayyaz s/o Shamshoddin Attar, filed a criminal writ petition seeking directions to take action against respondent No. 5, Assistant Police Inspector D.S. Harne, for allegedly illegally ...

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Bombay High Court Acquits Accused in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Prevention of Corruption Act Set Aside as Prosecution Failed to Prove Demand and Acceptance Beyond Reasonable Doubt....

The case pertains to an appeal against conviction under the Prevention of Corruption Act, 1988. The appellants, Manik Dajibaji Bhatkar (accused no.1) and Shrimant Dharma Bansode (accused no.2), were c...

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Bombay High Court Quashes Circulars Restricting Repairers from Collecting Verification Fees Under Legal Metrology Act — Circulars Issued Without Authority of Law and Contrary to Statutory Provisions...

The petitioners, five proprietary firms engaged in the business of repairing weights, measures, and scales, held valid repairing licences issued under Section 28 of the Legal Metrology Act, 2009 by th...

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Bombay High Court Upholds Reinstatement of Workman in Absenteeism and Assault Case, Reduces Backwages to 25%. Industrial Court's reduction of backwages from 50% to 25% upheld as workman failed to prove he was not gainfully employed during dismissal period....

The petitioner, Sahebrao Khemaji Kale, a workman employed as a Painter and later Moulder with Paras Agro Engineering Work, was dismissed from service on 31.03.1994 after being found guilty in a domest...

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Bombay High Court Dismisses Petition of Retired Teachers Seeking Pension Revision Based on 6th Pay Commission. Held that Hakim Committee Recommendations Not Applicable to Teaching Staff and Pre-2006 Retirees Not Entitled to Revised Pension....

The petitioner, an association of superannuated teachers, filed a writ petition seeking a declaration that the recommendations of the Hakim committee are not applicable for deciding pensionary benefit...