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Bombay High Court Dismisses Writ Petitions Seeking Stay of By-Election for Municipal Ward No. 81 Pending Election Petition. By-Election Notification Upheld as Scheme of Mumbai Municipal Corporation Act, 1888 Does Not Require Staying Casual Vacancy Filling Despite Pending Challenge Under Section 33(2).

The Bombay High Court heard a group of four writ petitions filed by voters and rival candidates from Ward No. 81 of the Municipal Corporation of Great...

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Bombay High Court Considers Maintainability of Commercial Appeals Against Interim Orders in Trademark Infringement Suits. Preliminary Objection Raised That Orders Impugned Do Not Fall Within Appealable Categories Under Section 13(1A) of Commercial Courts Act, 2015 as Amended.

These two commercial appeals were filed by the original defendants in intellectual property suits pending before the Bombay High Court. The suits, ins...

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Bombay High Court Reviewed Writ Petition Against IPAB Order Cancelling Pharmaceutical Trademark Registration. The Court Examined Whether Rectification Application Was Maintainable Under Section 124 Trade Marks Act, 1999 and Whether IPAB Correctly Applied Deceptive Similarity Test to Cancel OFLOMAC Mark.

The dispute concerned pharmaceutical trademarks OFLOMAC and OFRAMAX. Macleods Pharmaceuticals Limited, the petitioner, challenged an order of the Inte...

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Supreme Court Allows Appeals of Shiksha Karmis in Bias and Natural Justice Conflict. Breach of Audi Alteram Partem Cured by Revisional Hearing Where No Actual Bias Proved Under Section 40(c) of Madhya Pradesh Panchayat Raj Act Avam Gram Swaraj Adhiniyam, 1993.

The case involves four civil appeals arising from a split verdict of the Supreme Court regarding the validity of appointments of Shiksha Karmi (Grade ...

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Bombay High Court Dismisses Petition Challenging IRDA's Rejection of Insurance Broker License Transfer. Transfer of Corporate Agency License Requires Prior Approval Under Insurance Act, 1938 and IRDA Regulations.

The petitioners, including Wills India Insurance Brokers Pvt. Ltd. and others, filed a writ petition under Article 226 of the Constitution of India ch...

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Bombay High Court Grants Injunction in Quia Timet Action for Passing Off Based on Distinctive Bottle Shape of Vodka. Shape of a bottle can be protected as a trademark or get-up if it has acquired distinctiveness and is likely to cause confusion.

The plaintiff, Gorbatschow Wodka KG, a German company manufacturing Vodka, filed a quia timet action against John Distilleries Limited alleging that t...

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Bombay High Court Dismisses Challenge to Metro Fare Hike; Judicial Review Not Permitted Over Specialist Committee's Decision Under Metro Act. Fare Fixation Committee's Determination Based on Section 34 Prevails Over Contractual Fare Stipulations, Limited to Checking Arbitrariness or Perversity.

The writ petition challenged the Fare Fixation Committee's decision to increase Mumbai Metro fares from Rs.9-13 to Rs.10-110 from January 2015. The pe...

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High Court of Karnataka Kalaburagi Bench Hears Batch of Writ Petitions Challenging Amendments to Karnataka Agricultural Produce Marketing Act. Petitioners Seek Declaration that Deletion of 'Trader' from Section 72 and Insertion of Rule 76-A are Unconstitutional.

The present proceedings comprised a batch of writ petitions filed before the High Court of Karnataka, Kalaburagi Bench, under Articles 226 and 227 of ...