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Bombay High Court Upholds Arbitrator's Interim Injunction in Franchise Dispute Over Trademark Use. Negative Covenant in Franchise Agreement Restrains Use of Mark Containing 'Kamats' After Termination.

The dispute arose out of a franchise agreement dated 24 March 2011 between Deepak Thorat (Petitioner) and Vidli Restaurant Ltd. (Respondent), with Vit...

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Bombay High Court Allows Revision Application of Co-defendant in Suit for Declaration and Injunction — Deletion of Party Ordered Under Order 1 Rule 10 CPC. Co-defendant Against Whom No Relief Claimed is Not a Necessary Party.

The case involves two civil revision applications arising from a suit filed by Vidharbha Enterprises (plaintiff) against the Union of India and BSNL (...

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Bombay High Court Dismisses Petition to Amend Scheme for Parsee Panchayat Trust Elections. Court holds that proposed amendments to the Anjuman Committee composition are not in the interest of the trust and would alter the fundamental structure of the scheme.

The present petition was filed by Mr. Minoo Rustomji Shroff and others seeking modification of the scheme for the election of trustees of the Parsee P...

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Supreme Court Allows Appeal in Civil Procedure Case — Suit Must Proceed De Novo After Plaint Returned for Lack of Jurisdiction. Exclusive Jurisdiction Clause in Agreement Ousts Jurisdiction of Gurgaon Court, Rendering Proceedings Void Ab Initio Under Order VII Rule 10 CPC.

The Supreme Court considered a reference arising from a suit for recovery filed by the respondent against the appellant based on a franchise agreement...

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High Court of Karnataka Quashes FIR in Aadhaar Enrolment Fraud Case — No Prima Facie Case Made Out. Allegations of forgery and cheating under IPC Sections 465, 468, 469, 471, 420, 120-B read with 34 fail as complaint lacks specific details and essential ingredients.

The petitioner, Sri Naresh Kumar R.P., CEO of M/s Edurays India, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking qu...

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Bombay High Court Grants Interim Injunction Restraining Release of Marathi Film 'Mukkam Post' in Copyright Infringement Suit. Court finds prima facie case of substantial similarity between plaintiff's script and defendants' film, and balance of convenience in favour of plaintiff.

The plaintiff, Everest Entertainment LLP, filed a suit for copyright infringement against the defendants, including Mahesh Vaman Manjrekar, Great Mara...

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Bombay High Court Dismisses Writ Petition Challenging Sales Tax Assessment Orders Due to Availability of Alternative Remedy. Petitioners Failed to Show Exceptional Circumstances to Bypass Statutory Remedy of Reference Under Section 61(1) of Bombay Sales Tax Act, 1959.

The petitioners, Tata Sons Limited and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court chal...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Continuation of Status Quo Order Pending Hearing of Section 17 Application. Tribunal's Order Held to Be Interim Measure, Not Final Determination, and Within Its Jurisdiction Under Section 17 of Arbitration and Conciliation Act, 1996.

The appellant, Board of Control for Cricket in India (BCCI), entered into a franchise agreement with the respondent, Deccan Chronicle Holdings Limited...

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Bombay High Court Dismisses PIL Challenging BCCI's Amendment Excluding IPL and CLT20 from Conflict of Interest Regulations. The court held that the amendment was a valid policy decision by a private body and not subject to judicial review unless it violates statutory provisions or fundamental rights.

The petitioner, Cricket Association of Bihar, filed a Public Interest Litigation (PIL) challenging the amendment to Regulation 6.2.4 of the BCCI Regul...