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Bombay High Court Quashes Removal of Petitioner's Trade Mark for Non-Compliance with Mandatory Notice Requirement Under Section 25(3) of the Trade Marks Act, 1999. Removal of Trade Mark 'CIPLA' Held Void as Registrar Failed to Send O-3 Notice to Registered Proprietor, Contravening Statutory Mandate....

The petitioner, Cipla Limited, sought a writ of certiorari to quash the removal of its registered trade mark 'CIPLA' from the register and a mandamus to restore it. The mark had been registered since ...

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  • 86
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Bombay High Court Quashes Process Against Accused in Bigamy Case for Lack of Prima Facie Evidence of Abetment. Petitioner, accused of abetting bigamy under Section 494 IPC read with Sections 109 and 114 IPC, discharged as complaint lacked specific allegations of his participation in the second marriage ceremony....

The petitioner, Prakash Limbaji Dhole, was accused as Accused No.14 in a private complaint filed by Respondent No.2 (Sampatrao Daulatrao Dhanke) before the Magistrate, alleging that one Shivaji Janard...

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  • 178
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High Court of Bombay at Goa Allows Appeal for Interest on Delayed Compensation in Land Acquisition Case — Appellant Entitled to Interest from Date of Award Despite Dispute Among Co-Heirs. Interest under Section 34 of Land Acquisition Act, 1894 accrues from date of award, and suit for recovery filed within limitation after payment of principal....

The case involves an appeal by Shri Lazaro Reginaldo Steivan Amyn de Souza against the State of Goa and the Deputy Collector/LAO, challenging the dismissal of his suit for recovery of interest on comp...

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  • 240
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Bombay High Court Dismisses Railway's Appeal Against Compensation Award for Amputation of Fingers Due to Overcrowding. Compensation of Rs.1,20,000 under Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 1997 for untoward incident held proper....

The appellant, Union of India through General Manager, challenged the judgment and award dated 17 July 2005 passed by the Railway Accident Claims Tribunal in Original Application No.290 of 2003. The T...

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  • 113
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Bombay High Court Allows Appeal in Trademark Infringement Case — Injunction Set Aside Due to Vague Pleadings and Lack of Prima Facie Case. The court held that without proper proof of trademark ownership and clear pleadings, an interim injunction cannot be granted under the Trade Marks Act, 1999....

The case involves an appeal against an interim injunction granted by the Principal District Judge, Pune, restraining the appellants from using the trademark 'Maganlal' in connection with the sale of c...

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  • 246
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High Court of Bombay Dismisses Application for Reference to Arbitration in Summary Suit as Invoices Not Based on Arbitration Agreement. Mandatory Condition Under Section 8 of Arbitration and Conciliation Act, 1996 Not Satisfied as Subject Matter of Suit Differs from Arbitration Agreement....

The matter arose from a summary suit filed by M/s. Ruby Organics Pvt. Ltd. against M/s. Sai Mirra Innopharm Pvt. Ltd. for recovery of amounts due on various tax invoices for goods supplied. The defend...

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  • 101
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Bombay High Court Quashes Investigation Order in Municipal Salary Dispute — Non-Payment of Salary Does Not Constitute Criminal Offence Under IPC or Prevention of Corruption Act. The Court held that vague allegations of demand of illegal gratification and threats without specific particulars cannot justify police investigation under Section 202 CrPC....

The applicants, officers of the Municipal Council, Beed, including the Deputy Director of Health Services of the Government of Maharashtra, filed a criminal application under the inherent powers of th...

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  • 189
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High Court of Karnataka Reduces Compensation in Motor Accident Case Due to Lack of Evidence on Income and Disability. The claimant failed to prove his income and disability, leading to reduction of award from Rs. 1,27,000 to Rs. 75,000 under Section 166 of the Motor Vehicles Act, 1988....

The case involves an appeal by the Oriental Insurance Company against the judgment and award of the Motor Accident Claims Tribunal, Davangere, which had granted compensation of Rs. 1,27,000 with 7% in...

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  • 100
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Bombay High Court Allows Appeal in Cooperative Fisheries Dispute — Remands Matter for Fresh Consideration on Merits. Procedural Technicality of Delay Cannot Override Substantial Justice When Appeal Dismissed Without Considering Condonation Application....

The appellants, cooperative societies and their presidents, filed a Letters Patent Appeal against the judgment of a learned Single Judge of the Bombay High Court, Nagpur Bench, which had dismissed the...

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  • 130
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Bombay High Court Directs Effective Implementation of Tree Protection Act in Pune - Mandates Constitution of Tree Authority with NGO Representatives and Appointment of Adequate Tree Officers. The court held that the Tree Authority must include non-official members with expertise, and compensatory plantation of 10 trees per tree cut is mandatory under Section 8 of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975....

This Public Interest Litigation was filed by Deepak Balkrishna Vahikar and another petitioner seeking effective implementation of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act...

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

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High Court of Karnataka Quashes Enforcement Directorate Actions in Multiple Writ Petitions...

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Supreme Court Allows Appeal in Limitation Dispute Over Civil Works Contract. The Court fou...

Supreme Court Upholds Compulsory Retirement of Employees in Public Service — Validity of...

Supreme Court Upholds Eviction Process in Forest Areas While Ensuring Compliance with Fore...

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