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Madras High Court Adjudicates Trademark Opposition Over 'Big Bite' Mark in Class 30. Court Considers Application of Prior User Test and Relevance of Trans-Border Reputation Under Trademarks Act, 1999.

The appeals were filed under Section 91 of the Trademarks Act, 1999 against a common order dated 18.7.2014 by the Deputy Registrar of Trade Marks. The...

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High Court of Bombay Hears Section 9 Petition for Interim Measures in Commercial Matter. Arbitration Act, 1996 invoked for pre-arbitral relief in a contractual dispute.

This petition, filed under Section 9 of the Arbitration and Conciliation Act, 1996, sought interim measures from the Bombay High Court. The petitioner...

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High Court of Karnataka Allows Petition Under Section 482 CrPC Challenging Rejection of Application Under Section 305(6) CrPC for Appointment as Company Representative. The court held that the trial court's order doubting the genuineness of resignation was unsustainable and directed fresh consideration.

The petitioner, Krishnaswamy Sridhar, was accused No.4 in Special C.C. No.245/2002 pending before the XLVI Additional City Civil and Sessions Judge an...

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Bombay High Court Allows Interest on Delayed Refund of CENVAT Credit Under Section 11BB of Central Excise Act, 1944. Petitioner entitled to interest from expiry of three months from date of refund application till actual refund.

The petitioner, Qualcomm India Private Limited, a company incorporated under the Companies Act, 1956, is engaged in providing support services to its ...

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High Court of Karnataka Allows Appeal in KVAT Act Classification Dispute — Authority for Clarification & Advance Rulings Not Properly Constituted Under Section 60. Product 'Yakult' Held Entitled to Benefit of Entry 19 of First Schedule as Milk Product, Taxable at 4% Not 14%.

The appellant, Yakult Danone India Pvt Ltd, is the manufacturer of a product called 'Yakult', which it claimed is akin to 'lassi' and thus a milk prod...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Lease Finance Dispute — Depreciation Disallowance and Penalty Recoverable Under Contract. Arbitrator's interpretation of lease clauses upheld as plausible; no interference under Section 34 of Arbitration & Conciliation Act, 1996.

The petitioner, Aditya Birla Chemicals (I) Limited, filed a petition under Section 34 of the Arbitration & Conciliation Act, 1996, challenging an arbi...

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Bombay High Court Dismisses Winding-Up Petition in Company Dispute Over Back-to-Back Payment Clause. Payment Obligation Conditioned on Receipt from HAL, Not Absolute Debt, Hence Bona Fide Dispute Exists.

The petitioner, Tata Advanced Materials Ltd., filed a company petition under Sections 433 and 434 of the Companies Act, 1956, seeking winding up of th...

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Bombay High Court Dismisses Petition Challenging Retrospective Recovery of Supervision Charges in Distillery License — Levy Upheld as Contractual Obligation Under Section 58A of Bombay Prohibition Act, 1949.

The petitioners, Sahakar Maharshi Bhausaheb Thorat Sahakari Sakhar Karkhana Ltd. and another, filed a writ petition challenging a demand notice dated ...

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Bombay High Court Allows SFC's Claim for Priority Over Central Excise Dues in Recovery from Borrower's Assets. State Financial Corporation's Statutory Charge Under Section 29 of SFC Act, 1951 Prevails Over Crown Debt Under Central Excise Act, 1944.

The petitioner, SICOM Ltd., a State Financial Corporation established under the State Financial Corporations Act, 1951, advanced a term loan of Rs. 51...