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Bombay High Court Dismisses Defendants' Notice of Motion to Set Aside Injunction in Trademark Infringement Suit. Court holds that Order XXXIX Rule 4 CPC cannot be used as a review mechanism and that the word 'NATURAL' is descriptive but may acquire distinctiveness through secondary meaning.

The plaintiffs, Siddhant Ice Creams Pvt. Ltd. and two others, filed a suit for trademark infringement, passing off, and copyright infringement against...

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Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Lack of Material to Show Harm or Danger. Petitioner's involvement in two theft cases insufficient to justify externment under Section 56 of Maharashtra Police Act, 1951 as there was no evidence of witnesses unwilling to depose.

The petitioner, Pankaj Prakash Shimpi, filed a writ petition under Article 226 of the Constitution of India challenging the externment proceedings ini...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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Bombay High Court Allows SICOM Petition to Enforce Guarantee Liability Under State Financial Corporations Act, 1951. Guarantors' Defense of Discharge Due to Variation in Contract Rejected as Guarantees Were Continuing and No Material Alteration Occurred.

The petition was filed by SICOM Ltd., a State Financial Corporation, under Sections 31(1)(aa) and 32 of the State Financial Corporations Act, 1951, se...

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Supreme Court Allows Appeals in Election Petition Case for Non-Disclosure of Cause of Action. Allegations of Corrupt Practice Struck Out for Vagueness and Lack of Material Facts Under Section 83 of Representation of the People Act, 1951.

The case arises from an Election Petition filed by the first respondent under Section 81 of the Representation of the People Act, 1951, challenging th...

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Bombay High Court Quashes Food Adulteration Proceedings Due to Delayed Complaint Beyond Shelf Life of Sample. Prosecution Not Maintainable as Accused's Right to Reanalysis Under Section 13(2) of Prevention of Food Adulteration Act, 1954 Was Lost.

The High Court of Judicature at Bombay, Nagpur Bench, heard a batch of criminal applications filed by various accused persons—proprietors, partners,...