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Bombay High Court Dismisses Application to Set Aside Ex-Parte Order in Property Dispute Due to Limitation. Delay of Over 3 Years in Challenging Ex-Parte Decree Under Order 9 Rule 13 CPC Held Not Sufficiently Explained.

The case involves a Chamber Summons filed by the Plaintiff/Applicant, Smt. Gopi, widow of Tarachand R. Advani, seeking to set aside an ex-parte order ...

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Bombay High Court Upholds Injunction Against Infringement of Registered Trade Mark SABMiller India in Beer Bottles. The Court held that use of an identical registered trade mark on identical goods constitutes infringement under Section 29 of the Trade Marks Act, 1999, and granted interim injunction.

The Respondent, SABMiller India Ltd., held a registered trade mark 'SABMiller India / SABMILLER INDIA' in classes 21 and 32 under the Trade Marks Act,...

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Bombay High Court Quashes Suspension of Cricketer in BCCI Match-Fixing Case for Violation of Natural Justice. Suspension Order Passed Without Show-Cause Notice or Opportunity of Hearing Set Aside as Arbitrary and Unreasonable.

The petitioner, Hiken Naresh Shah, a professional cricketer, challenged his suspension order dated 12th July 2015 passed by the President of the Board...

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Bombay High Court Quashes Criminal Proceedings Against Directors and Officers in Cheque Dishonour Case Due to Absence of Specific Allegations. Vicarious Liability Under Section 138 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role in Issuance of Cheque.

The petitioners, including M/s. GIC Housing Finance Ltd. and its directors/officers, filed a writ petition under Article 226 of the Constitution read ...

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Bombay High Court Quashes Criminal Proceedings Against Accused in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Failure to Perform Contractual Obligation Does Not Attract Offences Under Sections 406, 420, 120B IPC Without Evidence of Dishonest Intention at Inception.

The judgment arises from a criminal application and writ petition filed by Mahendra Premji Gangar and Kalyanji Premji Gangar (applicants/petitioners),...

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Bombay High Court Dismisses Petition by Education Society Challenging Quashing of Teacher's Termination. Termination Based on Alleged Caste Fraud Set Aside as Employee's Caste Certificate Was Valid and No Misrepresentation Proven.

The petitioners, Pratibha Niketan Education Society and Pratibha Niketan High School, Nanded, challenged the judgment and order dated 21/08/2015 of th...

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NCLAT Dismisses ED's Appeal as Time-Barred in IBC Resolution Plan Approval Case — Delay of 62 Days Not Condoned Due to Lack of Sufficient Cause.

The Directorate of Enforcement (ED) filed an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) challenging an order dated 07.0...

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Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of Balance Sale Consideration Condoned. The court held that the conditional decree was satisfied by deposit under court orders, and the judgment-debtor's right to rescind was lost as he did not seek rescission before deposit.

The appellant, filed a suit for specific performance of an agreement for sale of 3.75 acres of land dated 14.11.2011, wherein the respondent, agreed t...