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Bombay High Court Allows Appeal in Trademark Infringement Case — Restrains Use of 'SAMRAT' Mark for Atta. Registered proprietor of 'SAMRAT' mark in Class 30 entitled to interim injunction against phonetically identical mark for similar goods under Trade Marks Act, 1999....

The appellant, Prakash Agro Industries Ltd., a company engaged in manufacturing and marketing food products including besan, pulses, wheat flour, and atta since 1983, is the registered proprietor of t...

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Bombay High Court Dismisses Petition for Right of Way in Property Dispute — No Easement by Necessity or Prescription Established. Plaintiffs failed to prove exclusive right of way over suit property as they had alternative access and no evidence of continuous, uninterrupted user for 20 years under Section 15 of the Indian Easements Act, 1882....

The petitioners, Dasharath Bhaguji Jadhav and his sons, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 30 April 2013 passed by the learned District Jud...

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Bombay High Court Allows Criminal Writ Petition Challenging Magistrate's Refusal to Summon Witnesses in Private Complaint Case. Court holds that the complainant has a right to examine witnesses and the Magistrate cannot refuse to summon them on the ground that they are not cited in the complaint....

The petitioner, Chandrakant Shriram Sharma, is the complainant in S.C.C. No. 1292/2009 pending before the Judicial Magistrate, First Class, Pachora, District Jalgaon. The trial is in progress. The pet...

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Bombay High Court Quashes Criminal Proceedings for Illegal Sand Mining Due to Bar Under Section 22 of Mines and Minerals Act. Prosecution for Theft Under IPC Not Maintainable Without Complaint from Authorized Officer....

The applicants, Shaikh Yunus and Ayesha Yunus Shaikh, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proceedings in R.C.C. No. 360 of 2010 ...

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Letters Patent Appeal Against Dismissal of Writ Petition Challenging Minister's Order Reversing Amalgamation of Cooperative Societies. Appeal Brought by Depositors Seeking Restoration of Amalgamation Under Maharashtra Cooperative Societies Act, 1960....

The dispute arose from the amalgamation of Shri Sant Sawta Maharaj Gramin Bigar Sheti Sahakari Patsanstha (respondent No.5) into Mahatma Phule Nagari Sahakari Patsanstha (respondent No.4). Respondent ...

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Bombay High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased Auto-Rickshaw Driver. Deceased driver found 50% negligent, reducing compensation and interest rate under Motor Vehicles Act, 1988....

The appeal was filed by The Oriental Insurance Company Limited against the judgment and award dated 31.7.2008 passed by the Motor Accident Claims Tribunal, Akola, in Claim Petition No.119 of 2005, whe...

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Bombay High Court Allows Petition Challenging Land Acquisition Notifications for Delay in Section 6 Declaration. Section 6 Declaration Issued Beyond One Year from Last Publication of Section 4 Notification Invalidates Acquisition Under Land Acquisition Act, 1894....

The petitioners, Riva Resorts Pvt. Ltd. and its director Vishwanath Balaram Naik Palyekar, challenged the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 for the acquisit...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Negligence of Truck Driver Proved, Contributory Negligence Not Established. Appellants awarded enhanced compensation of Rs. 18,00,000/- with interest at 7.5% per annum from the date of petition....

The appellants, being the widow, daughter, father (since deceased), and mother of the deceased Sandip Purandare, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation for the ...