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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Trial Court's Decree of Declaration and Injunction Based on Adverse Possession. Plaintiff's long possession and payment of taxes established ownership by adverse possession over suit mill.

The case involves a dispute over a mill with an area of 134 sq. metres. The plaintiff, Amaral Pereira, claimed that his grandmother, Maria Francisca F...

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Bombay High Court Grants Injunction in Trademark Infringement and Passing Off Suit Over Pharmaceutical Marks OROFER and OROFER-XT vs COROFER and COROFER-XT. Court finds deceptive similarity and rejects acquiescence defense under Section 33 of Trade Marks Act, 1999.

The Plaintiff, Emcure Pharmaceuticals Ltd., filed a suit for trademark infringement and passing off against Corona Remedies Pvt. Ltd., alleging that t...

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High Court of Karnataka Allows Writ Petition in Excise License Transfer Dispute — Partnership Dispute Requires Civil Court Adjudication. Karnataka Appellate Tribunal's Order Quashed as Excise Authorities Cannot Summarily Reject Transfer Application Without Adjudicating Partnership Dispute.

The petitioner and respondent were partners in the firm M/s. Marthanda Enterprises, constituted under a Partnership Deed dated 15.12.2010. The firm ru...

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High Court of Karnataka Dismisses Appeal in Succession Act Case — Will Not Duly Executed as Per Section 63 of Indian Succession Act, 1925. Propounder Failed to Prove Execution and Attestation Requirements, Leading to Dismissal of Probate Petition.

The case involves an appeal filed by Mrs. Eulalia Sequeira Nee Menezes against the dismissal of her petition for probate of a Will dated 06.08.1993 al...

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Supreme Court Allows AERA's Appeal Against TDSAT Orders Under Section 31 of AERA Act — Tariff Determination Held to Be Regulatory, Not Adjudicatory, Function. Regulatory Authority Can Challenge Appellate Tribunal's Decisions on Questions of Law.

The Supreme Court of India addressed a preliminary objection regarding the maintainability of appeals filed by the Airports Economic Regulatory Author...

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Supreme Court Allows Appointment of Arbitrator in Defence Contract Dispute Over Encashment of Warranty Bond. The court held that the claims were not barred by limitation as bilateral discussions continued until 2019, and the arbitration clause covered the dispute.

The petitioner, a Swiss company engaged in arms manufacturing, entered into a contract with the Ministry of Defence, Government of India, for supply o...

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High Court of Bombay at Goa Allows State's Writ Petition Against Rejection of Written Statement — Delay Condoned Due to Administrative Bottlenecks. Order VIII Rule 1 CPC Held Directory; Trial Court Directed to Consider Condonation Application on Merits.

The State of Goa and its officers (petitioners) filed a writ petition challenging an order dated 4 June 2011 passed by the learned Principal District ...

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Bombay High Court Dismisses Application for Additional Evidence in Appeal Against Order Refusing Revocation of Administrator. Order XLI Rule 27 CPC requires strict proof of due diligence for admitting additional evidence at appellate stage.

The case involves a Chamber Summons taken out by Ferani Hotels Pvt. Ltd. (the appellant) under Order XLI, Rule 27 of the Code of Civil Procedure, 1908...

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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...