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Bombay High Court Dismisses Second Appeal in Real Estate Dispute — Upholds Concurrent Findings on Agreement to Sell and Possession. Appellant failed to prove readiness and willingness to perform contract under Section 16(c) of Specific Relief Act, 1963.

The appellant, Mohammed Zain Khan, filed a Second Appeal before the Bombay High Court challenging the concurrent judgments of the trial court and the ...

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Bombay High Court Allows Insurer's Appeal in Part and Enhances Compensation for Claimants in Goods Carriage Accident — Deceased Traveling as Owner of Goods Not Gratuitous Passenger. Insurer Directed to Pay Enhanced Compensation with Pay-and-Recover Rights Under Motor Vehicles Act, 1988.

The appeals arise from a judgment and award dated 26.09.2012 passed by the Motor Accident Claim Tribunal, Ahmednagar in M.A.C.P. No.80/2010 under Sect...

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Bombay High Court Dismisses Appeal by Acquiring Body in Land Acquisition Compensation Case — Enhances Compensation for Claimants. Market value of acquired land determined based on comparable sale instances and potential for development under Land Acquisition Act, 1894.

The appeal arises out of a judgment in Land Acquisition Reference No. 05/1999, where the learned Single Judge enhanced the compensation awarded by the...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'Café Madras' Restaurant Name. The mark 'Café Madras' held to be inherently distinctive and entitled to protection against use by a subsequent restaurant of the same name.

The plaintiffs, the Kamath family, have been running a restaurant named 'Café Madras' in Matunga, Mumbai since 1938. The restaurant has acquired a re...

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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 Grants Unconditional Leave to Defend in Summary Suit for Diamond Recovery — Jangad Notes Held to Be Mere Acknowledgments of Entrustment Without Promise to Pay, Raising Triable Issues Under Order 37 CPC.

The plaintiff, Divyesh K. Kothari, filed a summary suit against M/s. Aatam Gems and its partners (defendants) for recovery of Rs.25,67,850/- with inte...