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Bombay High Court Allows Appeal in Trademark Infringement Case — Parksons Cartamundi Pvt. Ltd. v. Suresh Kumar Jasraj Burad. The court found that the marks 'MERELANE' and 'MARICELL' are deceptively similar and granted an interim injunction restraining the defendant from using the mark 'MARICELL'.

The appellant, Parksons Cartamundi Pvt. Ltd., filed a suit for infringement of its registered trademark 'MERELANE' and for passing off against the res...

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Bombay High Court Dismisses Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Letters Patent Appeal against decree for possession and mesne profits dismissed as no substantial question of law or perversity found in concurrent findings of fact.

The present Letters Patent Appeal arises from a judgment and decree passed by a Single Judge of the Bombay High Court in First Appeal No. 133/1976, wh...

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Bombay High Court Dismisses Appeal by Municipal Corporation Against Rejection of Petition to Set Aside Arbitral Award. Arbitrator's Findings on Contractual Interpretation and Delay Held Final Under Section 30 of Arbitration Act, 1940.

The appellant, Municipal Corporation of Greater Bombay, had invited tenders for re-construction of Zakariya Bunder road in May 1989. Respondent no.1 s...

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Bombay High Court Dismisses Appeals Against Refusal to Injunction Bank Guarantee Encashment in Arbitration Dispute. Court Holds That Fraud or Irretrievable Injustice Must Be Established for Injunction Against Bank Guarantees Under Section 9 of Arbitration and Conciliation Act, 1996.

The appellant, Felguera Gruas India Private Limited (FGIPL), entered into contracts with the first respondent, Tuticorin Coal Terminal Private Limited...

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Bombay High Court Dismisses Workman's Appeal Against Termination Without Enquiry, Upholding Misconduct Findings and Denying Backwages. Court Holds That Misconduct Proved Under Section 11-A of Industrial Disputes Act, 1947 Does Not Entitle Workman to Backwages for Period Before Labour Court's Finding.

The case involved an industrial dispute between a workman and his employer. The appellant, a workman, was terminated from service on 28 June 1979 alon...

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Supreme Court Dismisses Assessee in Income Tax Appeal Over TDS Disallowance. Disallowance of Rs. 57,11,625 upheld under Section 40(a)(ia) of Income Tax Act, 1961 as assessee failed to deduct tax at source on payments exceeding Rs. 20,000 per goods receipt to truck operators under Section 194C.

The dispute arose from an income tax assessment for the year 2005-2006 involving Shree Choudhary Transport Company, a partnership firm engaged in tran...

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Bombay High Court Dismisses Defendants' Notice of Motion to Set Aside Injunction in Trademark Infringement Suit. Court holds that Order XXXIX Rule 4 CPC cannot be used as a review mechanism and that the word 'NATURAL' is descriptive but may acquire distinctiveness through secondary meaning.

The plaintiffs, Siddhant Ice Creams Pvt. Ltd. and two others, filed a suit for trademark infringement, passing off, and copyright infringement against...