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Bombay High Court Grants Permanent Injunction in Trademark Infringement and Passing Off Suit. Defendant's marks 'Ultraplus Cement', 'Ultra HiTouch', and 'UltraPower' held deceptively similar to registered 'UltraTech' marks under Section 29 of the Trade Marks Act, 1999.

The plaintiffs, UltraTech Cement Limited and another, filed a commercial IP suit seeking a permanent injunction to restrain the defendant, M/s. Shiv C...

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Bombay High Court Dismisses Appeal Against ESI Coverage for Restaurant Using Power and LPG. Establishment with 17 employees using electric wet grinder and LPG for cooking held to be a 'power-using' factory under Section 2(12) of ESI Act, 1948.

The appellant, a proprietary concern named Shri Ganesh Bhandar, filed an appeal against the order of the Employees Insurance Court, Nagpur, which dism...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act, 1985. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Conviction Unsustainable.

The appellant, Sheikh Mehboob Sheikh Hussain, was convicted by the learned Special Judge (NDPS Court), Nagpur, in Special Criminal Case No.47/2001 und...

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Karnataka High Court Allows Petition Challenging Discriminatory Tax Notification Excluding Lead Sub-Oxide from Industrial Input List. Lead Sub-Oxide Held to Be an Industrial Input Under Entry 67 of Third Schedule to KVAT Act, Entitled to Reduced Tax Rate.

The petitioner, M/s A.P.S. Industries, a partnership firm engaged in the manufacture and sale of Lead Sub Oxide (Lead Oxide Grey), challenged a notifi...

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Bombay High Court Dismisses Petitioner's Challenge to Tender Rejection by Government Company. Court upholds rejection based on past adverse order, holding that government companies can consider past performance in tender evaluation.

The petitioner, Design Dialogues (India) Pvt Ltd, a private limited company, filed a writ petition under Article 226 of the Constitution of India befo...

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Bombay High Court Dismisses Petition Challenging Rejection of Brand Rate Drawback Claims for Tea Exports. Confirms revocation of brand rate letters and recovery of drawback amounts with interest due to failure to prove actual duty payment.

The petitioners, Hindustan Lever Limited and its shareholder, filed a writ petition under Article 226 of the Constitution of India challenging an orde...

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Bombay High Court Allows Writ Petitions Against Levy of Excise Duty on Fabrication and Construction of Structurals - Activities Do Not Amount to Manufacture Under Section 2(f) of Central Excise Act, 1944. Fabrication at site results in immovable property, not excisable goods.

The judgment concerns two writ petitions under Article 226 of the Constitution of India filed by M/s Shapoorji Pallonji & Co. and Ceat Tyres of India ...

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Bombay High Court Allows Petition Challenging Detention Under COFEPOSA Due to Non-Communication of Co-detenu's Revocation to Advisory Board. Failure to Forward Revocation Order and Representation to Advisory Board Before Considering Detenu's Case Vitiated Detention Order.

The petitioner, Ramesh Singh, a friend of the detenu, challenged the detention order dated 3rd October 2003 issued under Section 3(1) of the Conservat...