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Bombay High Court Grants Injunction in Trademark Infringement Case: 'ROFOL' vs 'PROFOL'. Prior Registration of 'ROFOL' by Plaintiff in 1992 Entitles Injunction Against Defendant's Deceptively Similar Mark 'PROFOL' Under Section 29 of Trade and Merchandise Marks Act, 1958.

The plaintiff, M/s. Neon Laboratories Limited, filed a suit for infringement and passing off against the defendants, M/s. Medical Technologies Ltd. an...

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Bombay High Court Remands Injunction Matter in Property Dispute for Fresh Consideration of Subsequent Developments. The court set aside the appellate order and restored the injunction application, directing the trial court to examine new evidence of mundkarial rights and permissions obtained lis pendens.

The petitioners, defendants in a civil suit, were injuncted from constructing a house by the trial court on 13.9.2011. The appellate court confirmed t...

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High Court of Bombay Division Bench Hears Reference on Appealability of Interim Injunction Orders in Regular Civil Appeals. Reference Concerns Whether Order 43 Rule 1(r) CPC Covers Interim Injunctions Granted by First Appellate Courts Under Order 41 CPC.

This matter came before a Division Bench as a reference made by a learned Single Judge of the High Court who doubted the correctness of earlier single...

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Supreme Court Dismisses Appeals Against Interlocutory Order in Shree Jagannath Temple Construction Case. Construction within prohibited area of centrally protected monument requires compliance with AMASR Act, but public works for devotees may be permitted subject to statutory permissions.

The Supreme Court dismissed two appeals challenging an interlocutory order of the Orissa High Court in a Public Interest Litigation concerning alleged...

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Bombay High Court Dismisses Appeal Against Order Requiring Preliminary Issue on Jurisdiction Under Section 9A CPC. Once a Jurisdictional Objection is Raised, the Court Must Frame a Preliminary Issue Even if the Defendant Later Seeks to Withdraw It at the Interlocutory Stage.

The First Respondent (Mumbai International Airport) filed a suit against the Appellant (Mukund Ltd.), the Airports Authority of India, and the State o...

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Bombay High Court Decides Appeal Against Interim Injunction in Tenancy Possession Dispute; Considers Whether Temporary Restraint Order Was Justified

The case arose from a tenancy and possession dispute over Flat No.5, Second Floor, Goolestan, Cuffe Parade, Mumbai. The plaintiff, a senior citizen an...