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CUSTOMS APPEAL NO. 100 OF 2012

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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 Revision Against Concurrent Findings in Tenancy Declaration Suit. Applicant fails to prove membership of deceased tenant's family or residence in suit premises under Section 7(15)(d) of Maharashtra Rent Control Act, 1999.

The case involves a Civil Revision Application filed by Pradeep Kumar Lalit Kumar Pandya challenging the concurrent judgments of the Small Causes Cour...

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Supreme Court Partially Allows Appeal in Recovery Suit Against Sick Industrial Company — Suspension of Proceedings Under Section 22(1) of SICA Does Not Bar Suit for Unadmitted Debt. High Court's Grant of 24% Compound Interest Reduced to 12% Simple Interest.

The case involves a dispute between Fertilizer Corporation of India Ltd. (FCIL), a public sector undertaking, and M/s Coromandal Sacks Private Limited...

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High Court of Karnataka Disposes of Death Reference and Appeals Arising from 2000 Church Bomb Blast Case. Accused Allegedly part of Deendar Anjuman, charged with conspiracy under IPC Sections 120-B, 121-A, 124-A, 153-A.

On December 17, 2014, the High Court of Karnataka delivered a common judgment in Criminal RC No. 3/2008, Criminal Appeal No. 1203/2008, and Criminal A...

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Bombay High Court Dismisses Husband's Appeal for Divorce Under Article 4(8) of Law of Divorce — De Facto Separation Must Be 'Freely Consented' by Both Spouses. Husband's Adultery and Abandonment of Wife Precluded Finding of Free Consent Despite 25 Years of Separation.

The appellant-husband filed a Matrimonial Petition under Article 4(4), (5) and (8) of the Law of Divorce (Divorce Act of 1910) seeking divorce on grou...

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Bombay High Court Decides Appeal Regarding Retrospective Reassessment of Property Tax Under Mumbai Municipal Corporation Act, 1888. Single Judge had Quashed Orders and Demands Reassessing Rateable Value from 1-4-2000.

The Municipal Corporation of Greater Mumbai issued special notices in 2001 and 2002 reassessing the rateable value of Dalamal Tower Premises Co-operat...

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Bombay High Court Dismisses Monsanto's Petition on Seed Supply as Sale, Allows Subway's Petition on Franchise as Service. Court Holds That Impregnated Seed Supply is Sale of Goods Under Maharashtra Value Added Tax Act, 2002, While Franchise Agreement is Not a Deemed Sale of Intellectual Property Rights.

The Bombay High Court adjudicated two writ petitions tagged together, raising the common issue of whether certain transactions were liable to service ...

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High Court of Karnataka Considers Challenge to State Notification Fixing Sugarcane Price Despite Central FRP Under Essential Commodities Act. Section 6 of the EC Act Grants Overriding Effect to Central Orders Over Inconsistent State Enactments.

Multiple writ petitions were filed before the High Court of Karnataka challenging the state government's notification fixing sugarcane price and the c...