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Supreme Court Partly Allows Appeal in Partition Suit — Upholds High Court's Decree for 5/9th Share but Sets Aside Sale to Third Party. Defendant No. 7's Sale of Joint Family Property to Defendant No. 9 Held Void as Purchaser Had Notice of Pending Suit.

The case pertains to a partition suit filed by Kumar Vamanrao alias Alok, Kumar Vyas alias Prateek, and Aruna (plaintiffs) against Sudheendra (defenda...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Adverse Possession.

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment and decree of the 7th Additional District Judge, ...

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Supreme Court Allows Owner's Appeal in Vicarious Liability Case Due to Lack of Employer Authorization. Unauthorized Driver Taking License Test Not Acting Within Course of Employment Absolves Owner from Liability Under Tort Law.

The dispute arose from a personal injury caused by a motor vehicle accident. The respondent, Santanuprasad Jaishankar Bhatt, was injured when a taxi o...

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Bombay High Court Grants Permanent Injunction in Trademark Infringement Suit: Sun Pharma's 'SUN' Mark Protected Against 'ABSUN'. Deceptive similarity established as dominant feature 'SUN' is common; addition of prefix 'AB' insufficient to distinguish under Section 29(2)(b) of Trade Marks Act, 1999.

The plaintiff, Sun Pharmaceutical Industries Ltd., filed a suit seeking a permanent injunction to restrain the defendant, Satej M. Katekar, proprietor...

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High Court of Judicature at Bombay Admits Appeals from City Civil Court Order in Membership Cancellation Dispute. Decision Involves Interpretation of Club Regulations and Articles of Association Regarding Eligibility of Founder Members' Kin.

The appeals arose from a common judgment dated February 22, 2006, passed by the City Civil Court, Mumbai in S.C. Suit No. 5154 of 2005, where the orig...

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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 Dismisses Appeal in Specific Performance Suit Against LIC — Tenant Association Fails to Prove Readiness and Willingness. Agreement to Sell Not Concluded as Essential Terms Remained Unsettled and No Binding Contract Was Formed Under Section 10 of Specific Relief Act, 1963.

The appeal arose from a decree of the City Civil Court, Greater Mumbai dismissing S.C. Suit No. 8228 of 1984, which was a suit for specific performanc...

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Bombay High Court on Restrictive Covenants in Redevelopment

The Bombay High Court considered three interim applications arising from a suit between two cooperative housing societies concerni...