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Bombay High Court Dismisses Defendants' Notice of Motion to Set Aside Injunction in Trademark Infringement Suit. Court holds that Order XXXIX Rule 4 CPC cannot be used as a review mechanism and that the word 'NATURAL' is descriptive but may acquire distinctiveness through secondary meaning....

The plaintiffs, Siddhant Ice Creams Pvt. Ltd. and two others, filed a suit for trademark infringement, passing off, and copyright infringement against the defendants, M/s. Thanco Enterprises and two o...

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Bombay High Court Allows Compensation Claim for Bomb Blast Victim Under Railways Act, 1989 — Mother of Deceased Entitled to Rs. 2,00,000 with Interest. Death of a passenger due to bomb explosion in a train compartment is an 'untoward incident' under Section 124 of the Railways Act, 1989, and the railway administration is strictly liable to pay compensation....

The appellant, Smt. Santabai Dattatraya Kadam, filed a claim application under Section 124 of the Railways Act, 1989, seeking compensation of Rs. 2,00,000 for the death of her 16-year-old son in a bom...

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High Court Remands Rebate Claim to Revisional Authority in Central Excise Case Due to Erroneous Assumption. Revisional Authority Allowed Rebate Despite Allegations of Fraudulent Cenvat Credit by Manufacturer....

The Union of India filed a writ petition under Article 226 of the Constitution challenging an order dated 9 February 2010 passed by the Revisional Authority under Section 35EE of the Central Excise Ac...

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Bombay High Court Dismisses Union of India's Petition Challenging Revisional Authority's Order Allowing Rebate to Merchant Exporter. Revisional Authority's finding that merchant exporter cannot be denied rebate for manufacturer's bogus Cenvat credit without evidence of collusion was upheld under Section 35EE of Central Excise Act, 1944....

The Union of India, through the Commissioner of Central Excise, Mumbai-I, filed a writ petition under Article 226 of the Constitution challenging an order dated 1 September 2009 passed by the Joint Se...

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High Court of Bombay at Goa Dismisses State Appeal in Land Title Suit — Upholds Declaration of Ownership and Injunction Against Revenue Authorities. Government Officials Cannot Unilaterally Alter Land Records Without Adjudication of Title Under Specific Relief Act, 1963....

The case involves an appeal by the State of Goa and its officers against a judgment and decree dated 1.4.2005 passed by the Additional District Judge, Mapusa, in Civil Suit No. 20/2004. The respondent...

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Bombay High Court Dismisses State's Appeal in Land Acquisition Case, Upholds Market Value of Rs.14 per sqm for New Bombay Satellite City. Cross Objection for Enhancement Dismissed as Time-Barred Under Order 21 Rule 22 CPC....

The State of Maharashtra appealed against the Judgment and Award dated 30 November 1995 passed by the Land Acquisition Officer in a Reference under Section 18 of the Land Acquisition Act, 1894. The ac...

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Bombay High Court Dismisses State's Condonation of Delay Application in Labour Appeal Due to Casual Approach. Delay of 154 days in filing Letters Patent Appeal not condoned as State failed to show sufficient cause and acted negligently....

The State of Maharashtra, through the Deputy Engineer, Public Works Department, Sangli, filed an application for condonation of delay of 154 days in filing a Letters Patent Appeal against an order of ...

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Bombay High Court Dismisses Writ Petition Seeking Injunction Against Trade Union Strike in Shipping Industry — Mere Apprehension of Strike Without Concrete Evidence Does Not Justify Injunction Under Article 226 of Constitution of India. Court Held That Writ Petition Was Premature and Not Maintainable as There Was No Immediate Threat of Strike....

The petitioner, Indian National Shipowners' Association, filed a writ petition under Article 226 of the Constitution of India seeking an injunction against an apprehended strike or agitation by respon...

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Bombay High Court Dismisses Petition Challenging Sale of TDR by Public Trust Without Charity Commissioner's Permission. Transferable Development Rights (TDR) Held to be Movable Property, Not Requiring Permission Under Section 36(1)(c) of Bombay Public Trusts Act, 1950....

The petitioners, Sadoday Builders Private Ltd. and its director, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orders passed by the Joint Charity Commis...