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High Court of Karnataka Allows Second Appeal in Easement Rights Case — Prescriptive Easement Claim Upheld Based on Long User and Acquiescence. Court Restores Trial Court Decree Granting Declaration of Easement by Prescription and Permanent Injunction.

The appellant, N. Vijendra Rao, filed a suit (O.S. No. 276/1994) before the Principal Civil Judge (Jr. Dn.), Mangalore, seeking a declaration of his a...

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Madras High Court Allows Appeal in Trademark Opposition Case — Registration of Device Mark Set Aside Due to Lack of Evidence of Use. The Court held that the Registrar erred in accepting user claim without proper documentary evidence, and that the appellant's prior use since 1992 was established.

The appellant, Ganesh Consumer Products Ltd., filed an appeal under Section 91 of the Trade Marks Act, 1999, against an order dated 11.09.2024 passed ...

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Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Bonafide Requirement of Landlord Upheld. Tenant's Claim of Availability of Alternate Premises Rejected as Landlord Cannot Be Compelled to Use Residential Premises for Commercial Purpose Under Maharashtra Rent Control Act.

The case involves a Civil Revision Application filed by the defendant-tenant (Parshuram Chunilal Kanojiya) challenging the eviction decree passed by t...

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Bombay High Court Allows Landlord's Petition in Eviction Suit Based on Bonafide Requirement and Non-User of Premises by Tenant. Tenant's Appeal Reversed as Appellate Court Failed to Appreciate Evidence of Tenant's Acquisition of Suitable Alternative Accommodation.

The petitioner, Mohan Vishwanath Mulay, filed a writ petition against the judgment and order dated 29th March 1993 passed by the Additional District J...

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Bombay High Court Allows Tribal Landowner's Petition Challenging Refusal of Prior Approval Under Section 36A of Maharashtra Land Revenue Code. Government Circular Cannot Override Statutory Provisions for Sale of Tribal Land.

The petitioner, Kisan Songya Bangara, a tribal agriculturist, owned land in Valshind, Thane. He sought to sell the land to respondent No. 6, a non-tri...

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Bombay High Court Considers Interim Injunction in Trade Mark Passing Off Dispute Involving 'Ajanta' Toothpaste. The Court Examines Claims of Prior Use Where Plaintiffs Alleged Sales from June 2002 and Defendants from December 2002.

Background: The dispute concerned the use of the trade mark 'Ajanta' for toothpaste. The plaintiffs claimed to be prior users of the mark for non-medi...

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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 Upholds Eviction Decree for Non-User of Commercial Premises Under Maharashtra Rent Control Act, 1999. Tenant's failure to use the suit premises for a continuous period of six months without reasonable cause constitutes ground for eviction under Section 16(1)(n) of the Act.

The revision petition was filed by the tenants challenging the judgment and decree of the trial court in Regular Civil Suit No.133/2003 and the appell...

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Bombay High Court Quashes Collector's Refusal to Grant Prior Approval Under Section 36A of Maharashtra Land Revenue Code for Sale of Tribal Land. Failure to Consider Petitioner's Application on Merits and Reliance on Unrelated Government Circular Renders Impugned Orders Unsustainable.

The petitioner, Kisan Songya Bangara, a tribal agriculturist, along with his family members, owned land bearing Survey No.46/2 (12.1 Ares) and Survey ...