Search Results for "prima facie material"

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Bombay High Court Dismisses Passing Off Injunction in Pharmaceutical Trademark Dispute Due to Delay and Acquiescence. Similarity of marks alone insufficient for interim relief when defendant has used its registered mark for nearly a decade without evidence of confusion.

The plaintiff, Torrent Pharmaceuticals Ltd, filed a suit for trademark infringement and passing off against Wockhardt Ltd and Overseas African Remedie...

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Supreme Court Grants Bail to Accused in Unlawful Activities (Prevention) Act Case Due to Lack of Prima Facie Evidence for Terror Funding. Payment of Extortion Money Under Duress for Business Operations Does Not Constitute Terror Funding Under Section 17 of Unlawful Activities (Prevention) Act, 1967.

The dispute arose from a criminal appeal concerning bail denial to an accused charged with multiple offences, including under the Unlawful Activities ...

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Bombay High Court Considers Appeal Under Section 37 Against Interim Order Under Section 9 in Property Development Arbitration. The Impugned Order Granted Conditional Relief Including Injunction and Appointment of Receiver Pending Arbitration.

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996 read with Clause 15 of the Letters Patent challenged an order passed by a le...

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Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Action. Plaintiff's prior adoption and use of 'HOM' as acronym for 'House Of Mandarin' in restaurant services established, and defendant's adoption found not honest.

The plaintiff, Indian Express and Commercial Ventures and Projects Private Limited, filed a suit for trademark infringement and passing off against Fu...

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Bombay High Court Examines Revision Applications Against Rejection of Discharge in Murder Case: Sufficiency of Prima Facie Material at Stage of Discharge Questioned

The case arose from the brutal murder of Sunil Kumar Lahoria, proprietor of M/s. S.K. Builders and Developers, at Vashi, Navi Mumbai, on 16th February...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Appellate Order Granting Temporary Injunction in Property Dispute. Appellate Court's interference with trial court's discretionary order upheld where trial court failed to consider relevant material and prima facie case was established.

The petitioners, Mrs. Jennifer Mascarenhas and Mr. Januario Mascarenhas, filed a writ petition in the High Court of Bombay at Goa challenging an order...

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Bombay High Court Dismisses Plaintiff's Claim for Short-Landed Cargo Due to Lack of Evidence and Limitation. The court held that the plaintiff failed to prove that the consignment was loaded on board the vessel and that the suit was barred by limitation under the Indian Carriage of Goods by Sea Act, 1925.

The plaintiff, Wallace Pharmaceuticals Pvt. Ltd., filed a suit for recovery of US$154,000 representing the CIF value of 40 drums of Lincomycin HCL BP ...

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Bombay High Court Dismisses Petition Challenging Paternity Test Order in Maintenance Case Under Section 125 CrPC. Court Holds That DNA Test Is Necessary to Determine Father-Child Relationship When Paternity Is Disputed and No Other Evidence Exists.

The petitioner, Vinod Arlekar, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash orders passe...