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Bombay High Court Upholds Eviction of Tenant for Using Commercial Shop for Residential Purposes Under Section 13(1)(a) of Bombay Rent Act. Change of User from Business to Residence Constitutes Acts Contrary to Section 108(o) of Transfer of Property Act, Even Without Physical Damage.

The case involves a dispute between the original plaintiff-respondent, Prabhakar Shravan Shinde, the owner of two shops in Kalyan, and the original de...

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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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Bombay High Court Adjudicates Notice of Motion in Trade Mark Infringement Suit — Use of Registered Mark on Recycled Bottles Examined Under Sections 29 and 30 of Trade Marks Act, 1999; Defendant's Claim of Inadvertent Use Rejected.

The case arose from a trade mark infringement action instituted by SABMiller India Limited (formerly SKOL Breweries Ltd.) against Som Distilleries & B...

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Bombay High Court Allows Cancellation of Trademark 'PAXIL' for Non-Use Under Section 47 of Trade Marks Act, 1999. Petitioner's Global Reputation and Prior Use Established 'Person Aggrieved' Status.

The Petitioner, Glaxo Group Limited, a global pharmaceutical company, filed a petition under Section 47 of the Trade Marks Act, 1999 seeking cancellat...

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Bombay High Court Allows Petitioner's Challenge Against CIDCO's Revocation of Change of User Permission — Doctrine of Promissory Estoppel Applied Against Public Authority. CIDCO Cannot Revoke Permission After Allottee Acts Upon It to Its Detriment.

The petitioner, M/s. Shree Ambica Developers, a sole proprietorship of Mr. Madeva Patel, was allotted Plot No. 1 in Sector 1, Kharghar, Navi Mumbai by...

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Bombay High Court Grants Temporary Injunction in Trademark Infringement and Passing Off Suit — 'LIVE IN' Mark Found Deceptively Similar to 'LIVE-IN'. Phonetic and visual similarity between marks leads to injunction under Section 29(2)(b) of the Trade Marks Act, 1999.

The Plaintiff, Federal Brands Ltd., filed a trademark infringement and passing off suit against Levi Strauss India Pvt. Ltd. seeking a temporary injun...

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Supreme Court Allows NDMC Appeals in Property Tax Dispute — Upholds Unit Area Method as Valid. The impugned Bye-laws are not ultra vires the NDMC Act, 1994, as they fall within the rule-making power under Section 388 and are consistent with Section 63.

The Supreme Court allowed the appeals filed by the New Delhi Municipal Council (NDMC) against the Delhi High Court judgment dated August 10, 2017, whi...