Search Results for "prior restraint"

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Supreme Court Holds High Court Has Exclusive Jurisdiction Under Section 29A(4) of Arbitration Act for Extension of Time. The term 'Court' in Section 29A(4) is interpreted to mean the High Court, not the Civil Court, to ensure uniformity and avoid multiplicity of proceedings.

The case arose from a dispute between Jagdeep Chowgule (appellant) and Sheela Chowgule & Ors. (respondents) concerning the jurisdiction to entertain a...

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High Court of Karnataka Dismisses Petition by Foreign Shareholder Challenging Constitutional Validity of Section 272(1)(e) Companies Act, 2013. Section 272(1)(e) is not ultra vires the Constitution; second proviso to Section 272(3) does not apply to petitions under Section 272(1)(e).

The petitioner, Devas Employees Mauritius Private Limited, a company incorporated under the laws of Mauritius and a shareholder of Devas Multimedia Pr...

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Bombay High Court Dismisses Passing Off Injunction in Pharmaceutical Trademark Dispute Due to Delay and Acquiescence. Similarity of marks alone insufficient for interim relief when defendant has used its registered mark for nearly a decade without evidence of confusion.

The plaintiff, Torrent Pharmaceuticals Ltd, filed a suit for trademark infringement and passing off against Wockhardt Ltd and Overseas African Remedie...

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Bombay High Court Dismisses Petition Challenging Interim Compensation Order in Lease Dispute. Appellate court's order granting interim compensation under Section 43(1) of the Presidency Small Cause Courts Act, 1882 upheld as compensatory and not penal.

The petitioners, heirs of the original lessee Hashambhai Jetha, were granted a lease of a plot of land admeasuring 3341 sq. yards by an Indenture of L...

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Bombay High Court Hears Constitutional Challenge by Repeat Rape Convicts Against Section 376-E IPC. Sentencing Provision for Life Imprisonment for Repeat Sexual Offenders Alleged to be Arbitrary and Lacking Procedure.

Three writ petitions tagged together challenge the constitutional validity of Section 376-E of the Indian Penal Code, 1860 (IPC), inserted by the Crim...

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High Court of Bombay hears writ petition challenging constitutional validity of Section 48(5) of MVAT Act, 2002 on input tax credit set-off — Petitioner seeks reading down of 'actually paid' to 'ought to have been paid'

The writ petition under Article 226 of the Constitution of India was filed by a partnership firm registered as a dealer under the Maharashtra Value Ad...