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Bombay High Court Dismisses Petition Challenging Execution Proceedings Against Director of Defunct Company. Director Added as Representative of Judgment Debtor Company, Not Personally Liable Under Decree.

The petitioner, Dr. Rekha Kamat Tarcar, was a former Technical Director of respondent no.2 company, Ravish Infusions Ltd. (now IFG Limited). She resig...

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Bombay High Court Grants Injunction Against Trade Mark Infringement and Passing Off in Pharmaceutical Product 'ONCO BCG' - Defendant's Mark 'BCG ONCO' Held Deceptively Similar Despite Common Descriptive Element 'BCG'.

The plaintiff, Serum Institute of India Limited, a pharmaceutical company, filed a suit for trade mark infringement and passing off against Green Sign...

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Bombay High Court Allows Amendment of Written Statement to Cure Signature and Verification Defect — Procedural Rules Subserve Justice. Defect in signature and verification of written statement by some defendants can be cured at appellate stage under Order 6 Rule 17 CPC as no prejudice caused.

The petitioners, original plaintiffs in Special Civil Suit No.294 of 2002, filed a suit for specific performance of contract against the respondents. ...

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Bombay High Court Dismisses Application for Condonation of Delay and Setting Aside Abatement in Second Appeal Due to Inordinate Delay and Lack of Sufficient Cause. Legal heirs failed to explain delay of over 5 years in seeking restoration of appeal after appellant's death.

The present litigation arises from a second appeal filed in 1994 which was disposed of as abated on 20.07.2012 due to the death of the sole appellant ...

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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...