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NCLAT Dismisses Appeal by Financial Creditor Against Dismissal of Section 95 Petition Due to Existing Moratorium Under Section 96 IBC — Prior Initiation of Personal Insolvency by Another Creditor Bars Subsequent Petitions Against Same Personal Guarantor

The appellant, Indian Bank, a Financial Creditor, filed a petition under Section 95 of the Insolvency and Bankruptcy Code, 2016 against the respondent...

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High Court of Karnataka Dismisses Second Appeals in Land Dispute, Upholding Concurrent Findings of Courts Below. Suit for Declaration of Title and Injunction Dismissed as Plaintiffs Failed to Prove Possession and Title Over Suit Property.

The present appeals arise out of a suit for declaration of title and permanent injunction filed by the appellants (plaintiffs) against the respondent ...

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High Court of Karnataka Delivers Order on Petition to Quash Criminal Complaint in Share Forgery Case — Allegations of Duplicate Shares and Impersonation Reviewed Under IPC Sections 467 and 418 Without Specific Accusations Against Company Officials

This criminal petition under section 482 of the Code of Criminal Procedure, 1973 was filed by United Spirits Limited, a public limited company, seekin...

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Bombay High Court Grants Injunction Against Eris Lifesciences in Trademark Infringement Case. Phonetic Similarity Between 'NEBISTAR' and 'NEBISTOL' Leads to Restraint Order Under Trade Marks Act, 1999.

The Plaintiff, Lupin Limited, filed a suit alleging that the Defendants, Eris Lifesciences Pvt. Ltd. and others, were infringing its registered tradem...

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Madras High Court Adjudicates Trademark Opposition Over 'Big Bite' Mark in Class 30. Court Considers Application of Prior User Test and Relevance of Trans-Border Reputation Under Trademarks Act, 1999.

The appeals were filed under Section 91 of the Trademarks Act, 1999 against a common order dated 18.7.2014 by the Deputy Registrar of Trade Marks. The...

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Bombay High Court Allows Petition by Society Members Against Unauthorized Construction and Demolition by Developer. Members have locus standi to challenge illegal construction; administrator must act lawfully.

The petitioners, who are members of the Linking Road Housing Society Limited, filed a writ petition challenging the unauthorized construction and demo...

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Supreme Court Allows Appeal in Title Suit Over Land Dispute, Reversing High Court on Requirement to Challenge Sale Deed. Plaintiff Established Title Through Valid Gift Deed Under Muslim Law, Making Subsequent Sale Deed Void Ab Initio and Unnecessary for Cancellation Under Code of Civil Procedure, 1908.

The dispute involved a title suit over land where the appellants, as legal heirs of the original plaintiff, claimed ownership through a registered gif...

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Bombay High Court Partially Allows Petition Against Ban on Transport of Banned Food Products Through Maharashtra. Inter-State Transport of Banned Products Not Prohibited Under Section 30(2)(a) of Food Safety and Standards Act, 2006.

The petitioners, including the driver, cleaner, owner of a truck, and a transporter, challenged an order dated 15/7/2020 issued by the Food Safety Com...

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High Court of Judicature at Bombay, Nagpur Bench Considers Second Appeal on Condonation of Delay in Mesne Profit Appeal. Limitation for Appeal Under Code of Civil Procedure, 1908 Arises from Date of Decree Drawing, Not Judgment.

The appellant, Maharashtra State Warehousing Corporation, was a tenant in the suit premises owned by the respondents. After a decree for possession wa...