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Bombay High Court Quashes DGFT Order Cancelling Advance Authorisation and EPCG Licences for Optical Fibre Manufacturer — Violation of Natural Justice and Non-Application of Mind. Petitioner's licences restored as cancellation was based on irrelevant considerations and without proper hearing.

The petitioner, Ashwini Ashish Dighe, proprietor of Sunteck Telecommunications, a manufacturer of optical fibres, filed a writ petition challenging th...

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Supreme Court Allows Appeal in Trademark Infringement Case Under Trade Marks Act, 1999. Registered Trademark 'RENAISSANCE' Found Infringed by 'SAI RENAISSANCE' Due to Deceptive Similarity and Transborder Reputation Under Section 29(4).

The appeal arose from a trademark infringement dispute between an appellant-plaintiff, a global hotel chain incorporated in Delaware, USA, and respond...

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Karnataka High Court Reserved Order on Petition to Quash Criminal Case Against ACC Directors for Legal Metrology Act Violations. Non-Impleadment of Company and Lack of Inquiry Under Section 202 Cr.P.C. Raised as Key Grounds.

The criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was filed by ACC Limited, a cement manufacturer, and its Man...

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Bombay High Court Dismisses State Appeal in Food Adulteration Case Due to Procedural Lapses. Non-Compliance with Rule 22 of Prevention of Food Adulteration Rules, 1955 Regarding Division and Sealing of Samples Leads to Upholding of Acquittal.

The State of Maharashtra appealed against the acquittal of the respondent-accused for offences under the Prevention of Food Adulteration Act, 1954. Th...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Involving Beer Labels. Plaintiff's mark 'HAYWARDS 5000' held to be infringed by defendant's use of '5000' in similar label, as numeral is an essential feature not descriptive of beer strength.

The plaintiff, Skol Breweries Limited, filed a suit for trademark infringement and passing off against the defendants, Som Distilleries & Breweries Li...

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Bombay High Court Dismisses Revenue's Appeal in Sales Tax Case on Handling Charges. Handling charges for registration of motor cycles are not part of sale price under Section 2(25) of MVAT Act, 2002.

The Revenue appealed against an order of the Maharashtra Sales Tax Tribunal which set aside tax on handling charges collected by the respondent, a dea...

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Bombay High Court Dismisses Plaintiff's Trademark Infringement Suit for Lack of Evidence of Use and Passing Off. Marks VIVACITY and VIVZ held not deceptively similar to registered mark VIVA under Trade Marks Act, 1999.

The Plaintiffs, Arviva Industries (India) Ltd., filed a suit seeking an injunction against the Defendants, Vikas M. Tulsian and others, alleging infri...

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Bombay High Court Allows Petition of Manufacturer in Excise Duty Dispute Over Transit Insurance. Insurance cost incurred by manufacturer on behalf of dealer after factory gate sale is not includible in assessable value under Central Excise Act, 1944.

The petitioner, Mercedes Benz India Private Limited, a company incorporated under the Companies Act, 1956, manufactures motor vehicles and parts at it...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Service of notice under Section 138 of Negotiable Instruments Act, 1881 must be proved by actual delivery or proper postal endorsement; mere dispatch is insufficient.

The petitioner, Ananda Rao Kanthamaneni, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Co...