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Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...

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Full Bench of Bombay High Court Determines Reference on Maintainability of Section 18 Reference Under Land Acquisition Act, 1894 After 2013 Act Came into Force. Key Issue Involves Whether Landowners Can Seek Enhancement Under Old Act When Award Passed After Commencement of 2013 Act.

Background: The matter arose from a land acquisition proceeding initiated by the Pune Municipal Corporation under the Land Acquisition Act, 1894. A no...

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Bombay High Court Dismisses Review Petition in Arbitration Appointment Case — No Error Apparent on Face of Record. Court holds that review cannot be used as an appeal and that the arbitrator's appointment under Section 11 of the Arbitration and Conciliation Act, 1996 is not subject to review on merits.

The petitioners, Roptonal Ltd (formerly Indian Film Company (Cyprus) Ltd) and Viacom 18 Media Pvt. Ltd., filed a review petition in the Bombay High Co...

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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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High Court of Karnataka Considers Challenge to Government Order Handing Over Mahabaleshwara Temple to Ramachandrapura Mutt. The Court Examines Validity of Revenue Department's Order Under Bombay Public Trust Act and Constitutional Provisions.

The matter involved a batch of writ petitions and writ appeals filed before the High Court of Karnataka at Bengaluru, including Writ Petition No.30609...

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Bombay High Court Dismisses Appeal in Trade Secret Misappropriation Case — No Prima Facie Case for Injunction Against Nasal Spray NOXGUARD. Confidentiality Agreement Did Not Cover Information Allegedly Misused; Appellant Failed to Establish That Respondents Used Its Confidential Information.

The Appellant, SaNOtize Research and Development Corp., a Canadian corporation, filed a Commercial Appeal against an order dated 21st October 2021 dis...