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Bombay High Court Grants Interim Injunction to Plaintiff in Copyright Dispute Over Film 'Sheela' — Prima Facie Finding of Valid Assignment Chain. Court holds that registered assignments under Section 48 of the Copyright Act, 1957 prevail over unregistered subsequent assignments.

The dispute concerns the copyright in the 1987 Hindi motion picture 'Sheela', originally produced by BS Dwarakish. Goldmines Telefilms Pvt Ltd filed a...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Leave to Sue Under Section 92 CPC for Public Trust Dispute. Section 52 of Maharashtra Public Trust Act Bars Application of Sections 92 and 93 CPC to Public Trusts.

The petitioners, members of Mahad Taluka Maratha Seva Sangh, a trust registered under the Maharashtra Public Trust Act, 1950 and the Societies Registr...

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Bombay High Court Dismisses Appeal in Trademark Infringement Suit Over 'THE ASWA' and 'ASĀVA' Marks — No Prima Facie Case for Injunction Due to Lack of Phonetic Similarity and Descriptive Nature of Mark.

The appellant, Meher Distilleries Private Limited, is the registered proprietor of the trademark 'THE ASWA' under Registration No.2716867 in Class-33 ...

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Bombay High Court Holds Service of Writ of Summons Without Copy of Plaint Invalid in Commercial Suits Under Commercial Courts Act, 2015 — Time for Filing Written Statement Does Not Run Until Proper Service Effected.

The judgment addresses an interim application by the defendant, Metso India Pvt Ltd, in a commercial suit filed by Atlanta Limited. The core issue was...

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Bombay High Court Dismisses Habeas Corpus Petition by Father for Custody of Minor Child in International Parental Abduction Case. Court holds that habeas corpus is not maintainable when custody is with lawful guardian and child's welfare requires stability.

The petitioner, Khaled Kamal Hussein Mohamed Kassem, an Egyptian national, filed a habeas corpus petition seeking the production and custody of his mi...

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Bombay High Court Allows Husband's Petition Challenging Rejection of Applications for Modification and Recall of Interim Maintenance Order on Ground of Fraud. Family Court Directed to Decide Applications Afresh After Considering Allegations of Fraudulent Suppression of Wife's Employment.

The petitioner, Premdeep Matlane, filed a criminal writ petition challenging the common order dated 16.2.2019 passed by the learned Judge, Family Cour...

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Bombay High Court Dismisses MMRDA's Challenge to Arbitral Award in Powai Land Development Dispute. Court upholds arbitrator's interpretation of tripartite agreement regarding lease premium and development charges under the Arbitration and Conciliation Act, 1996.

The case involves an arbitration petition filed by Mumbai Metropolitan Region Development Authority (MMRDA) and the State of Maharashtra under Section...

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Bombay High Court Dismisses Promoter's Second Appeal in RERA Case for Non-Compliance with Pre-Deposit Order. Pre-deposit under Section 43(5) of RERA is mandatory; failure to deposit results in dismissal of appeal under Section 44.

The case involves a second appeal filed by M/s Renaissance Infrastructure and others (the promoter) against the dismissal of their appeal under Sectio...