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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Upholds Injunction Against Infringement of Registered Trade Mark SABMiller India in Beer Bottles. The Court held that use of an identical registered trade mark on identical goods constitutes infringement under Section 29 of the Trade Marks Act, 1999, and granted interim injunction.

The Respondent, SABMiller India Ltd., held a registered trade mark 'SABMiller India / SABMILLER INDIA' in classes 21 and 32 under the Trade Marks Act,...

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Bombay High Court Admits Central Excise Appeal on Conditional Exemption and Cenvat Credit. The Appeal Raises Substantial Questions of Law Regarding Notification No.6/2006-C.E. and Credit on Aggregates Used in Export.

The Bombay High Court heard a central excise appeal filed by Mahindra & Mahindra Ltd. against the Commissioner of Central Excise, Mumbai-V. The appell...

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Bombay High Court Overrules Preliminary Objection to Territorial Jurisdiction in Trademark Suit, Holding Section 134(2) of Trade Marks Act, 1999 Confers Additional Forum. Plaintiff Allowed to Sue Where It Carries on Business Even If Cause of Action Arose Elsewhere.

The case arose out of a suit for perpetual injunction filed by Hindustan Unilever Limited (plaintiff) against Ashique Chemicals and others (defendants...

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High Court of Karnataka Hears Appeal Against Dismissal of Suit for Permanent Injunction Involving Temple Dispute. Plaintiffs Sought Injunction to Restrain Interference with Possession of Temple Premises in Residential Complex.

The appeal under Section 96 read with Order XLI of the Code of Civil Procedure, 1908 was filed against the judgment and decree dated 09.09.2016 passed...

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Bombay High Court Allows Liquidator's Petition Against Service Tax Demand on Deemed Sale Transaction. VAT Already Levied on Same Transaction Under MVAT Act Precludes Service Tax Under Finance Act, 1994.

The petitioner, Nayana Premji Savala, as Liquidator of Swire Oilfield Services India Private Limited (company in liquidation), filed a writ petition c...

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Bombay High Court Allows Writ Petition Challenging Rejection of Temporary Injunction in MOFA Dispute Over Parking Spaces. Court Restrains Society Members from Obstructing School's Use of 110 Stilt Parking Spaces Pending Suit.

The petitioner, Goel Ganga Foundation, runs an international school and filed a suit for injunction against the Federation of Swarganga Co-operative S...