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Bombay High Court Quashes FIR Against Recovery Officer in CBI Corruption Case — Applicant Not a Public Servant Under Prevention of Corruption Act. Employee of Private Recovery Agency Cannot Be Prosecuted Under Section 7 of PC Act as He Is Not a 'Public Servant' Under Section 2(c) of the Act.

The applicant, Prashant Vinayakrao Sable, was employed as a Recovery Officer with M/s. Yash Consultancy Services, a private recovery agency engaged by...

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Supreme Court Reverses High Court's Order for Accounts; Holds Export Transactions as Sales Not Agency. Distinction Between Sale and Agency Clarified Under Indian Contract Act, 1872, Based on Contractual Terms and Course of Dealing.

The dispute arose between a trader in hides and skins (respondent) and an exporter (appellant) over the nature of their contractual relationship durin...

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Bombay High Court Grants Temporary Injunction in Trademark Infringement and Passing Off Suit — 'LIVE IN' Mark Found Deceptively Similar to 'LIVE-IN'. Phonetic and visual similarity between marks leads to injunction under Section 29(2)(b) of the Trade Marks Act, 1999.

The Plaintiff, Federal Brands Ltd., filed a trademark infringement and passing off suit against Levi Strauss India Pvt. Ltd. seeking a temporary injun...

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Bombay High Court Grants Interim Protection to Petitioners in Commercial Arbitration Petition Under Section 9 of Arbitration Act. Exclusive Rights to Manufacture Ice Cream Under 'Vadilal' Brand in Designated Territories Preserved Pending Arbitration Arising from 1993 Family Settlement.

Shailesh R. Gandhi, Bela S. Gandhi, and Vadilal Dairy International Limited (formerly Super Milk Makers Private Limited) filed a petition under Sectio...

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Bombay High Court Allows Section 11 Applications in International Commercial Arbitration — Habitual Residence Determined at Time of Agreement. Applicant Residing in UAE at Time of Agreement Held to be Habitually Resident Outside India Under Section 2(1)(f)(i) of Arbitration and Conciliation Act, 1996.

The judgment concerns three arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Aslam Ismail Khan Deshmu...

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Supreme Court Acquits Vendor in Food Adulteration Case Due to Manufacturer's Warranty Defense. Vendor of sealed pan masala held entitled to protection under Section 19(2) of Prevention of Food Adulteration Act, 1954 as he sold the product in original manufacturer's sealed package with warranty.

The appellant was convicted under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 for selling adulterated pan...