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Bombay High Court Allows Appeal in Property Dispute, Sets Aside Injunction Against Dispossession. Plaintiff Failed to Prove Possession and Suit for Possession Based on Title Was Barred by Limitation.

The present First Appeal arises from a judgment of the City Civil Court, Mumbai, in S.C. Suit No.5551/1990, where the suit was decreed in favor of the...

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Bombay High Court Dismisses Revision Against Rejection of Preliminary Objection on Maintainability of Suit Against Public Trust. Permission of Charity Commissioner Not Required When Suit is by a Third Party for Enforcement of Civil Rights Unconnected with Trust Administration.

The applicant, Maharashtra Shetkari Seva Mandal, a public trust, challenged an order dated 16.7.2008 passed by the Civil Judge, Junior Division, Manma...

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Bombay High Court Allows Appeal in Essential Commodities Act Case — License Cancellation Set Aside for Violation of Natural Justice. Licensee Denied Opportunity to Cross-Examine Witnesses, Rendering Inquiry Void.

The case pertains to an appeal against the cancellation of a fair price shop license under the Essential Commodities Act, 1955. The appellant, Rampras...

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Bombay High Court Dismisses Petitions Challenging Consent Decree in Suit for Specific Performance — No Fraud or Collusion Found in Consent Terms Filed by Counsel. Consent decree upheld as valid and binding under Order XXIII Rule 3 CPC.

The petitioners, Dhanaji Kashinath Shendkar and others, filed writ petitions challenging a consent decree passed in a suit for specific performance. T...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Involving Beer Labels. Plaintiff's mark 'HAYWARDS 5000' held to be infringed by defendant's use of '5000' in similar label, as numeral is an essential feature not descriptive of beer strength.

The plaintiff, Skol Breweries Limited, filed a suit for trademark infringement and passing off against the defendants, Som Distilleries & Breweries Li...

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Bombay High Court Dismisses Writ Petition Challenging Defence Land Claim Over Leasehold Property. Petitioner's Title Not Established Against Union of India's Claim of Ownership Over Land Leased to Colaba Land & Mill Company.

The petitioner, TCI Industries Limited, claimed to be a lessee of land admeasuring 10.264 acres in Colaba, Mumbai, by virtue of an Indenture of Assign...

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Bombay High Court Upholds Eviction Under Public Premises Act for Subletting Without Consent. Life Insurance Corporation's Eviction Order Against Tenant's Legal Heirs Confirmed as Subletting to Private Companies Constitutes Unauthorised Occupation.

The case involves an appeal against an eviction order passed under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The Life Insura...