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Bombay High Court Allows Plaintiff's Motion in Trade Mark Infringement Case Involving Use of Registered Mark as Corporate Name for Dissimilar Goods. The Full Bench overruled Raymond Ltd v Raymond Pharmaceuticals Pvt Ltd and held that Section 29(5) of the Trade Marks Act, 1999 provides a separate cause of action for infringement when a registered trade mark is used as a corporate or trading name, even for dissimilar goods....

The case involves a Notice of Motion in a suit filed by CIPLA Limited against M/s. CIPLA Industries Private Limited and Vishal Khanna for alleged infringement of its registered trade mark 'CIPLA'. The...

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  • 204
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Bombay High Court Allows Insurance Company's Appeal in Employee Compensation Case — Remands for Reassessment of Disablement. Commissioner's finding of total disablement set aside as loss of one eye and leg movement does not automatically constitute total disablement under Section 4(1)(b) of Employee's Compensation Act, 1923....

The appellant, Royal Sundaram Alliance Insurance Company Limited, challenged the judgment and order dated 18 February 2012 passed by the Commissioner under the Employee's Compensation Act, 1923, which...

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  • 128
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Bombay High Court Upholds Challenge to Conditions on Advocate-Prisoner Meetings, Directs Modernization of Jails. Prisoner's right to visits by family and friends under Article 21 of Constitution of India recognized, subject to reasonable restrictions, in line with Sunil Batra precedent....

The Public Interest Litigation was filed by a registered society and an under-trial prisoner challenging the communication dated 24th August 2015 issued by the Superintendent of Yervada Central Prison...

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  • 136
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Bombay High Court Dismisses Execution Application for Interest on Arbitral Award During Pendency of Challenge — Bank Guarantee Furnished Under Supreme Court Order Constitutes Payment into Court Under Order 21 Rule 1 CPC...

The case involves an execution application filed by Bhadani Associates (the claimant/decree-holder) seeking to enforce an arbitral award dated 16th January 2006 against Kamlini Ashar and others (the r...

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  • 158
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Bombay High Court Quashes Condition Requiring Marathi Language Knowledge for Auto Rickshaw Permits as Ultra Vires the Motor Vehicles Act, 1988. The Imposition of Such a Condition Lacked Statutory Backing Under Sections 73 and 74 of the Act and Rule 24 of the Maharashtra Motor Vehicles Rules, 1989 Only Applied to Driver's Badges....

The litigation arose from a group of writ petitions filed before the Bombay High Court challenging a condition imposed by the State of Maharashtra requiring applicants for contract carriage permits fo...

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  • 371
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Bombay High Court Dismisses Revision Against Trial Court's Order on Preliminary Issues in Property Suit Between Sisters. Court Holds That Valuation and Limitation Are Mixed Questions of Law and Fact Requiring Trial, Not Preliminary Determination....

The case involves a civil revision application filed by the original defendant, Smt. Archana Randaye, against an order of the trial court dated 3rd May 2016, which answered preliminary issues regardin...

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  • 137
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Bombay High Court Dismisses Appeal Against Injunction in Trade Mark Infringement Suit. Prior user of trade mark 'City Collection' entitled to interim protection despite pending registration under Trade Marks Act, 1999....

The appeal arose from an order of injunction passed in a Trade Mark Suit filed by the respondents (plaintiffs) temporarily restraining the appellant (defendant) from using the trade mark or trade name...

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  • 153
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High Court of Bombay at Goa Sets Aside Cancellation of Shack Allotment for Violation of Natural Justice. Petitioner's Shack Allotment Cancelled Without Proper Show Cause Notice or Opportunity of Hearing Under Tourism Shack Policy 2016-19....

The petitioner, Luis Diago D'Souza, was allotted a beach shack under the Tourism Shack Policy 2016-19. Respondent No.3, Gabriel Fernandes, filed a complaint alleging that the petitioner violated Claus...

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  • 111
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Bombay High Court Allows Resignation of Bank Officer Despite Pending Disciplinary Proceedings — Rule 20(2)(b) of SBI Officers Service Rules, 1992 Does Not Bar Acceptance of Resignation Before Charge-Sheet. The Court held that the deeming provision of pending disciplinary proceedings does not prevent acceptance of resignation when no charge-sheet has been issued....

The petitioner, Lt. Cdr. Sanjay Barai, an officer of the State Bank of India, submitted his resignation on 16 January 2017. On 30 January 2017, the Bank issued a memorandum initiating disciplinary pro...

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  • 197
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Bombay High Court Allows Writ Petition Challenging Central Administrative Tribunal's Denial of Relaxation in Promotion to SC/ST Employees. Constitutional Amendment Allowing Lower Qualifying Marks for SC/ST in Promotions Held to Take Effect from Date of Presidential Assent, Not from Date of Office Memorandum....

The writ petition arose from a challenge to the order of the Central Administrative Tribunal (CAT) Mumbai, which dismissed Original Application No.586 of 2011 filed by the petitioners. Petitioner No.1...

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

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...

High Court Dismisses State's Writ Petition Against Tribunal's Order for Appointment of Exc...

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

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

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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