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Bombay High Court Dismisses Appeal Against Order for Evidence Recording in Testamentary Dispute — Order Not a Judgment Under Clause 15 of Letters Patent. Preliminary Objection Upheld as Impugned Order Did Not Decide Substantive Rights of Parties.

The appeal arose from an order dated 30 August 2011 of a learned Single Judge of the Bombay High Court in a testamentary matter. The background involv...

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Bombay High Court Dismisses Students' Petitions Challenging University Attendance Ordinance. Ordinance Requiring 75% Attendance for Examination Eligibility Upheld as Valid Academic Regulation Not Violative of Fundamental Rights.

The petitioners, a group of students from various colleges affiliated with Rashtrasant Tukadoji Maharaj Nagpur University, challenged the validity of ...

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Bombay High Court Quashes Promotions in Municipal Corporation Due to Non-Compliance with Reservation Policy and Seniority Rules. The court held that promotions must follow the prescribed reservation policy and consider seniority, and directed reconsideration of promotions.

The petitioner, Narendra Barde, filed a writ petition under Article 226 of the Constitution of India challenging the promotion of Respondent Nos. 2 an...

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Bombay High Court Grants Temporary Injunction Against Defendant for Trademark Infringement and Passing Off of Identical Mark SPASGAN in Pharmaceutical Preparations. Plaintiff's Registered Trademark SPASGAN Entitled to Protection Under Trade Marks Act, 1999.

The Plaintiff, Wockhardt Limited, filed a suit against Eden Healthcare Pvt. Ltd. seeking to prevent infringement and passing off of its trademark SPAS...

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Bombay High Court Grants Temporary Injunction Against Defendant in Trademark Infringement and Passing Off Case. Plaintiff's Registered Mark 'RISO' for Rice Bran Oil Protected Against Deceptively Similar Mark 'RISOLITE' Under Trade Marks Act, 1999.

The Plaintiff, Kamani Oil Industries Pvt. Ltd., filed a suit against Bhuwaneshwar Refineries Pvt. Ltd. seeking a perpetual injunction for trademark in...

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Bombay High Court Grants Probate of Will in Favor of Grandson Despite Forgery Allegations by Son. Court Holds That Propounder Proved Due Execution and Attestation Under Section 63 of Indian Succession Act, 1925, and Caveator Failed to Prove Forgery.

The plaintiff, Hoshang Pesi Hodiwala, the grandson of the deceased B.M. Bhathena, filed a testamentary suit seeking probate of a will dated 27th Novem...

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Bombay High Court Sets Aside Arbitral Award in Domain Name Dispute for Violation of Natural Justice. Lack of Proper Notice to Registrant Renders Award Patently Illegal Under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Telepathy Inc., a US-based company, was the registrant of the domain name 'fls.in' registered on 24 March 2005. Respondent No.5, Flsmi...

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High Court of Bombay Allows Women Fishermen Cooperative to Continue Fishing Contract Pending Policy Consideration — Legitimate Expectation of Renewal Based on Exemplary Performance. Court Directs State to Consider Framing Policy for Allotting Fishing Rights to Women's Cooperatives Under Fisheries Act.

The petitioner, Ambika Mahila Matsyavyavasayik Sahakari Sanstha Ltd., is a cooperative society formed exclusively by women from the fishermen communit...

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Bombay High Court Dismisses Appeal Seeking Enforcement of Consent Terms Against Non-Signatory Defendant in Debenture Dispute. Interpretation of Consent Decree Held That Clause 11(a) Obligation to Pay Was Only on Defendant No.5, Not Defendant No.6, Who Was Not a Party to the Consent Terms.

The case involves two appeals filed by the original Defendant No.5 (Dewanchand Ramsaran Trading Pvt. Ltd. and others) against a common order of the le...