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High Court of Bombay at Goa Adjudicates Upon Legality of Hotel Construction in Coastal Regulation Zone III Area Without Mandatory Ministry Approval. Developers Allegedly Built in No Development Zone Without Necessary MEF Clearance Despite CRZ Notification Requiring Prior Approval.

Background: The petitioners, two public interest organizations, filed writ petitions challenging the construction of a hotel in Goa by respondent nos....

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Supreme Court Hears Appeal Against Bombay High Court Judgment Upholding Sanction of Competing Slum Scheme; Appeal Ongoing.

The dispute centered on a 2,005 sq. mts. parcel in Malad, Mumbai, originally declared a slum in 1987 under the Maharashtra Slum Areas (Improvement, Cl...

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Bombay High Court Allows Reference to Arbitration in Derivative Action Under Arbitration and Conciliation Act. Section 45 Does Not Require Reciprocity of Territory; Disputes Under Buyback Agreement Without Arbitration Clause Covered by Related Agreements' Arbitration Clauses.

The case pertained to a Notice of Motion under Section 45 of the Arbitration and Conciliation Act, 1996 filed by Defendant Nos. 1 and 2 in a suit brou...

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Bombay High Court Considers Interim Injunction in Trade Mark Passing Off Dispute Involving 'Ajanta' Toothpaste. The Court Examines Claims of Prior Use Where Plaintiffs Alleged Sales from June 2002 and Defendants from December 2002.

Background: The dispute concerned the use of the trade mark 'Ajanta' for toothpaste. The plaintiffs claimed to be prior users of the mark for non-medi...

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Bombay High Court Examines Validity of Eviction Notices under Slum Act in Slum Rehabilitation Dispute. Petitioners Challenged Eviction Notices Issued under Sections 33 and 38 of Maharashtra Slum Areas Act, 1971, Alleging Lack of Section 3C(1) Declaration.

The matter arose from a writ petition filed under Article 226 of the Constitution of India by Om-Sai Darshan Cooperative Housing Society (Proposed) an...

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Bombay High Court Adjudicates Notice of Motion in Trade Mark Infringement Suit — Use of Registered Mark on Recycled Bottles Examined Under Sections 29 and 30 of Trade Marks Act, 1999; Defendant's Claim of Inadvertent Use Rejected.

The case arose from a trade mark infringement action instituted by SABMiller India Limited (formerly SKOL Breweries Ltd.) against Som Distilleries & B...

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Bombay High Court Upholds Cantonment Board's Pay-and-Park Scheme on MG Road, Pune — Scheme Intra Vires Due to Incidental Powers Under Cantonment Act, 1924. Bye-law 43 and Rule 46 Confer Authority to Regulate Traffic and Levy Parking Fees, Not Violative of Article 19(1)(g).

This writ petition under Article 226 of the Constitution of India challenged a pay and park scheme introduced by the Pune Cantonment Board on Mahatma ...