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Bombay High Court Dismisses Revenue Appeal in Income Tax Case, Holds Compensation for Loss of Agency as Capital Receipt. Amount received by assessee for giving up right to use trade mark and resigning as director is capital receipt not taxable under Section 2(24) and Section 4 of Income Tax Act, 1961.

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal allowing the appeal of the assess...

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Bombay High Court Adjudicates Notice of Motion in Trade Mark Infringement Suit — Use of Registered Mark on Recycled Bottles Examined Under Sections 29 and 30 of Trade Marks Act, 1999; Defendant's Claim of Inadvertent Use Rejected.

The case arose from a trade mark infringement action instituted by SABMiller India Limited (formerly SKOL Breweries Ltd.) against Som Distilleries & B...

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Bombay High Court Grants Injunction Against Defendant in Trade Mark Infringement and Passing Off Case — Use of Plaintiff's Embossed Bottles for Country Liquor Constitutes Infringement of Registered Mark 'TANGO PUNCH' Under Trade Marks Act, 1999.

The plaintiff, Brihan Karan Sugar Syndicate Private Limited, and the defendant, South Konkan Distilleries, both manufacture and sell country liquor. T...

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Bombay High Court Allows Assessee's Claim for Capital Gains Treatment in Partnership Dissolution Case. Gains from Sale of Land Held as Co-owned Personal Asset Not Business Income Under Income Tax Act, 1961.

The case involved an income tax reference under Section 256 of the Income Tax Act, 1961, for the assessment year 1988-89. The assessee, an individual ...

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High Court of Gujarat Hears Appeal Against Rejection of Interim Injunction in Trademark Infringement and Passing Off Suit. The Court Examines Whether Trial Court Erred in Denying Interim Protection Despite Registered Device Mark and Alleged Joint Use of the 'Kshetrapal' Mark.

The dispute centered on the use of the trademark 'Shree Kshetrapal' / 'Kshetrapal Construction' by two individuals in the construction business in Guj...

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Protecting Consumer Clarity in Pharmaceutical Markets

The case involves a dispute over trademark infringement between the plaintiff's "ZITA-MET" and the defendant's "XIGAMET" in the pharmaceutical sector....