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Karnataka High Court Enhances Compensation in Motor Accident Claim Case — Insurance Company's Appeal Dismissed. Negligence of Tractor Driver Established; Multiplier Applied as per Sarla Verma Guidelines....

The case arises from a motor accident claim petition filed by the legal representatives of the deceased Shankrappa, who died in a road accident on 19.03.2007. The deceased was a pillion rider on a mot...

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Bombay High Court Dismisses Petition by Education Society and School Challenging Reinstatement of Teacher Terminated Without Valid Enquiry. Termination Quashed as Enquiry Officer Not Appointed by Competent Authority and No Show-Cause Notice Served Under Section 5 of MEPS Act....

The petitioners, Bhartiya Seva Acharya Education Society and Sangeeta High School, challenged the judgment and order dated 28th March 2012 passed by the School Tribunal, Nagpur, in Appeal No. STC/05/2...

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Bombay High Court Grants Temporary Injunction Against Defendant for Trademark Infringement and Passing Off of Identical Mark SPASGAN in Pharmaceutical Preparations. Plaintiff's Registered Trademark SPASGAN Entitled to Protection Under Trade Marks Act, 1999....

The Plaintiff, Wockhardt Limited, filed a suit against Eden Healthcare Pvt. Ltd. seeking to prevent infringement and passing off of its trademark SPASGAN. The Plaintiff claimed to be the proprietor of...

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Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established....

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, 1996, seeking enforcement of a foreign arbitral aw...

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Bombay High Court Allows Referral to Arbitration in Shipping Agency Dispute — Agency Agreement Arbitration Clause Enforceable Under Section 45 of Arbitration and Conciliation Act, 1996. Court holds that disputes regarding termination and novation of agency agreement are covered by arbitration clause and must be referred to arbitration in Tokyo....

The judgment concerns two interconnected proceedings: Arbitration Petition No. 446 of 2003 filed by Mitsui OSK Lines Ltd. (petitioner) under Section 45 of the Arbitration and Conciliation Act, 1996 se...

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Bombay High Court Hears Challenge to Food Safety Authority’s Advisories Allegedly Amending Regulations Without Statutory Power. Validity of Advisory Issued Under Food Safety and Standards Act, 2006, Questioned as Ultra Vires Section 92 of the Act....

A writ petition under Article 226 of the Constitution of India was filed by Vital Nutraceuticals Private Limited and the Indian Drug Manufacturers’ Association challenging the validity of advisories...

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Bombay High Court Upholds Conviction Under Section 304(II) IPC for Culpable Homicide Not Amounting to Murder in a Single Blow Case. Accused's Appeal Dismissed and State's Appeals for Enhancement Partly Allowed....

The judgment arises from three connected criminal appeals against the judgment and order dated 08/06/2010 passed by the Sessions Judge, Parbhani in Sessions Trial No. 95 of 2010. Criminal Appeal No. 3...