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High Court

Bombay High Court Dismisses Review and Writ Petitions in GST Input Tax Credit Refund Case for Duty Free Shops. Sale of duty free goods at airport departure area is not export, hence no refund of ITC under Section 54 of CGST Act, 2017.

7 Oct 2019

The judgment concerns three matters: a criminal application seeking review of dismissal of a PIL, and two writ petitions challenging an adjudication o...

High Court

Bombay High Court Dismisses Plaintiff's Suit for Trade Mark Infringement and Passing Off Against Defendants Over 'SUNCONTROL' Mark. The Court held that 'SUNCONTROL' is descriptive and not distinctive, and that the plaintiff failed to establish secondary meaning or likelihood of confusion.

12 Jul 2016

The plaintiff, Garware Polyester Limited, filed a suit for trade mark infringement and passing off against 3M Company and 3M India Limited, alleging t...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 Notice. Failure to Inform Appellant of Right to Search Before Magistrate or Gazetted Officer Renders Recovery of Contraband Illegal and Conviction Unsustainable.

12 Oct 2015

The appellant, Ms. Naomi Banda, a Zambian national, was convicted by a Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction in Trademark and Copyright Infringement Suit Due to Suppression of Material Facts. Plaintiff's Conduct of Suppressing Prior User and Earlier Litigation Disentitles It to Equitable Relief Under Trade Marks Act, 1999 and Copyright Act, 1957.

29 Sep 2015

The suit was filed by ITC Limited against NTC Industries Ltd. for trademark and copyright infringement and passing off in relation to cigarettes and t...

High Court

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.

11 Mar 2015

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

High Court

Bombay High Court Quashes NDPS Prosecution for Lack of Sanction Under Section 36A(2) of NDPS Act — Cognizance by Special Court Without Valid Sanction Held Illegal. The court held that the mandatory requirement of previous sanction under Section 36A(2) of the NDPS Act was not complied with, rendering the entire prosecution void.

9 Feb 2015

The applicants, Shailesh Kanada (accused No.3) and Kailash Rajput (accused No.2), were prosecuted in NDPS Special Case No.51/13 pending before the Spe...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Case Involving Pharmaceutical Marks LOX and XYLOX. Court finds prima facie that Defendants' XYLOX marks are deceptively similar to Plaintiff's LOX family of marks, and that the defence of common origin or acquiescence is not made out.

16 Sep 2014

The Plaintiff, Neon Laboratories Ltd., filed a suit for trademark infringement and passing off against Themis Medicare Ltd. (Defendant No. 1) and Ciro...

High Court

Bombay High Court Grants Decree in Favour of Plaintiff in Trademark Infringement and Passing Off Action — Defendant's Mark 'EASY WASH' Held Deceptively Similar to Plaintiff's Registered Mark 'EZEE' for Liquid Detergent.

25 Feb 2013

The Plaintiff, Godrej Consumer Products Limited, filed a suit for trademark infringement and passing off against Alchemy Biotech Private Limited. The ...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay. Delay of 10 Months Between Release on Bail and Detention Order Held to Snap Live Link, Vitiating Preventive Detention Under Section 3(1) of COFEPOSA, 1974.

3 Oct 2006

The petitioner, wife of the detenu Shyam Dharmadas Amlani, challenged the detention order dated 15th October 2005 passed by the State Government under...

High Court

Bombay High Court Dismisses Petition Challenging Valuation of Physician's Free Samples Under Central Excise Act. Free samples of medicines are excisable goods and must be valued under Rule 4 of Central Excise Valuation Rules, 2000 based on price of comparable goods sold in the market.

28 Sep 2006

The petitioners, Indian Drugs Manufacturer's Association and M/s. Emil Pharmaceuticals Industries Pvt. Ltd., challenged Circular No. 813 dated 25/4/20...

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