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High Court of Karnataka Upholds Service Tax on Restaurant Services as Valid Exercise of Union Legislative Power. Service Tax on Supply of Food and Drinks in Restaurants is Not a Tax on Sale of Goods but a Tax on Service, Falling Under Entry 97 of List I.

The case involves two intra-court appeals filed under Section 4 of the Karnataka High Court Act, challenging a learned Single Judge's common order dat...

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Bombay High Court at Goa Dismisses Writ Petition Against Restaurant Construction Due to Alternative Remedy Under Section 127 of Maharashtra Land Revenue Code, 1966. Petitioner failed to exhaust statutory remedy before approaching High Court under Article 226 of Constitution of India.

The petitioner, Mr. Rosario Valadares, filed a writ petition before the Bombay High Court at Goa challenging the construction of a restaurant by the r...

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Supreme Court Upholds Licensing Conditions on Orchestra Bars Under Maharashtra Police Act, 1951. Gender-Based Numerical Restrictions on Performers Held Valid as Reasonable Restrictions in Public Interest Under Article 19(6) of the Constitution.

The appeals arose from a judgment of the High Court of Bombay that upheld conditions imposed by the Commissioner of Police, Brihan Mumbai, on orchestr...

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Bombay High Court at Goa Upholds Compensation for Housewife's Permanent Disability in Motor Accident Case. Notional Income of Housewife Assessed at ₹4,000 per Month for Computing Compensation Under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 25 August 2009, when a vehicle bearing registration No. GA 07/C-0989, driven by Rajendra Datta ...

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Bombay High Court Dismisses Petition for CBI Investigation into Death of Finnish Tourist. Court upholds police conclusion of accidental death, finding no credible evidence of homicide or failure of investigation.

The petitioner, Minna Pirhonen, a Finnish national and mother of Felix Dahl, filed a criminal writ petition seeking transfer of the investigation into...

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Bombay High Court Allows Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court sets aside award for ignoring contractual terms and failing to consider counterclaims.

The judgment concerns two arbitration petitions arising out of the same arbitral award. The petitioners (original respondents) challenged the award un...

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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.

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

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'RAJDHANI' Mark for Restaurant Services. Prior User of Mark Since 1965 Entitled to Protection Against Subsequent User.

The plaintiff, M/s. Ishwar Bhuvan Refreshments Annexe, a partnership firm, filed a suit for trademark infringement and passing off against the defenda...