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Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit — Petrofer Chemie and Hardcastle Petrofer v. United Petrofer Limited. Use of identical mark 'PETROFER' by defendant for similar industrial chemicals constitutes prima facie infringement under Section 29 of the Trade Marks Act, 1999....

The plaintiffs, Petrofer Chemie H.R. Fischer GMBH & Co. KG (a German company) and Hardcastle Petrofer Private Limited (an Indian company), filed a commercial suit for trademark infringement and passin...

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  • 113
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High Court

Bombay High Court Quashes Disqualification of Sarpanch in Corruption Case — No Material to Show Acceptance of Bribe by Petitioner. Disqualification under Section 39(1) of Maharashtra Village Panchayats Act, 1959 set aside as mere registration of FIR against petitioner and her husband under Prevention of Corruption Act, 1988 does not prove personal involvement in bribe acceptance....

The petitioner, Priti Manoj Bundile, was elected as a member of Gram Panchayat Mahuli Jahangir, Amravati on 15.01.2021 and subsequently elected as Sarpanch on 16.02.2021, with the term of the Gram Pan...

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  • 115
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Bombay High Court Allows Petition Challenging Disqualification of Member Under Maharashtra Cooperative Societies Act — Resignation from Directorship of Another Society Not Attracting Section 73A Disqualification. The Court held that Section 73A disqualification applies only when a person simultaneously holds office as a 'designated officer' in two societies, and resignation after the stipulated period does not trigger disqualification under Section 73CA....

The petitioner, Shashikant Balkrushna Gaikwad, challenged his disqualification as a member of respondent no.5-Society, Akola Zilla Parishad Prathamik Shikshak Sahakari Pat Sanstha Ltd., under Section ...

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  • 265
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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Award to Compulsorily Retired Employee. Forfeiture of Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Requires Willful Offence or Moral Turpitude, Not Mere Misconduct....

The petitioner, Bank of Maharashtra, challenged the orders of the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 1972, which directed payment of gratuity to responden...

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  • 128
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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Payment to Retired Employee. Forfeiture of Gratuity under Payment of Gratuity Act, 1972 requires proof of financial loss caused by employee's misconduct, not merely disciplinary punishment of compulsory retirement....

The petitioner, Bank of Maharashtra, challenged the orders of the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 1972, which directed payment of gratuity of Rs.10 lak...

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  • 148
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High Court

Bombay High Court Quashes Disqualification of Sarpanch in Corruption Case — No Material to Show Acceptance of Bribe by Petitioner. Disqualification under Section 39(1) of Maharashtra Village Panchayats Act, 1959 set aside as mere registration of FIR under Prevention of Corruption Act, 1988 without evidence of personal involvement does not warrant removal....

The petitioner, Priti Manoj Bundile, was elected as a member of Gram Panchayat Mahuli Jahangir, Amravati on 15.01.2021 and subsequently elected as Sarpanch on 16.02.2021. While holding the post, a com...

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  • 125
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High Court

Bombay High Court Quashes Disqualification of Member in Cooperative Society Case — Resignation from Director Post Not Attracting Section 73A Disqualification. Section 73A of Maharashtra Cooperative Societies Act, 1960 applies only when a person simultaneously holds office as designated officer in two societies, not when resignation is tendered after election result....

The petitioner, Shashikant Balkrushna Gaikwad, challenged his disqualification as a member of respondent no.5-Society, Akola Zilla Parishad Prathamik Shikshak Sahakari Pat Sanstha Ltd., under Section ...

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  • 155
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Bombay High Court Allows Writ Petitions Challenging Recovery Proceedings Under Maharashtra Co-operative Societies Act, 1961 — Petitioners Not Given Opportunity of Hearing Before Attachment of Property. Failure to Provide Notice Under Section 101 of the Act Renders Recovery Proceedings Void....

The petitioners, Sonia Bhalchandra Godase and others, filed two writ petitions before the Bombay High Court challenging the recovery proceedings initiated by the Sangola Urban Co-operative Bank Ltd (r...

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  • 178
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Bombay High Court Allows Writ Petition Challenging Invalid Caste Scrutiny Order in NEET Admission Case. Petitioner's Thakur Tribe Claim Validated Despite Scrutiny Committee's Adverse Finding Based on Affinity Test....

The petitioner, Aditya Vishvanath Golwad, an 18-year-old student, applied for admission to the MBBS course under the Scheduled Tribe (ST) category, claiming to belong to the Thakur tribe. He possessed...

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  • 89
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Bombay High Court Hears Cross Suits Involving Dispute Over Conveyance and Development Rights Under MOFA — Interim Injunctions Sought by Both Developer and Federation. Core Issue Concerns Whether Entire Land of a Layout Was to Be Conveyed to Federation, Precluding Developer from Completing Sanctioned Construction on Part of Land....

The dispute concerns a layout development in Mulund (East), Mumbai, where Acme Enterprises (the Developer) claimed development rights over a larger plot of 77,823 sq.mtrs. The layout was subdivided, a...

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