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CMA(PT).No.46 of 2024

Background: This is an appeal filed under Section 117-A of the Patents Act, 1970 by the applicant against the order of the Controller of Patents rejec...

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Supreme Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 52A and Unreliable Evidence. Conviction under Section 8(b) read with Section 15(c) of NDPS Act set aside as prosecution failed to prove contraband identity and sampling procedure.

The appellant, Mangilal, was convicted under Section 8(b) read with Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Ac...

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High Court of Bombay at Goa Allows Customs Appeal, Upholds Confiscation of Cosmetics Imported Through Non-Notified Port. Import of Cosmetics Through Marmagoa Port Violates Rule 133 Read with Rule 43-A of Drugs and Cosmetics Rules, 1945, as Cosmetics Are Not Exempted Under Rule 132 and Schedule D.

The Commissioner of Customs, Goa, filed an appeal under the Customs Act, 1962, against an order of the Customs, Excise and Service Tax Appellate Tribu...

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Bombay High Court Grants Injunction Against Eris Lifesciences in Trademark Infringement Case. Phonetic Similarity Between 'NEBISTAR' and 'NEBISTOL' Leads to Restraint Order Under Trade Marks Act, 1999.

The Plaintiff, Lupin Limited, filed a suit alleging that the Defendants, Eris Lifesciences Pvt. Ltd. and others, were infringing its registered tradem...

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Bombay High Court Allows Writ Petition Challenging Disqualification of Stent Manufacturer from Tender Process. Petitioner's Drug Eluting Stents, Approved by DCGI, Held Eligible for Supply Under Rajiv Gandhi Arogya Yojana.

The Petitioner, M/s. Vascular Concepts Ltd., a company manufacturing Drug Eluting Stents, filed a Writ Petition before the Bombay High Court challengi...

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Bombay High Court Dismisses Petition Challenging Tender Award for Rabies Vaccine Supply — Performance Certificate Not in Prescribed Proforma but Substantially Compliant. Condition Held Directory, Not Mandatory; No Interference in Tender Award Absent Arbitrariness.

The petitioner, Bharat Biotech International Ltd, challenged the grant of a tender for supply of rabies vaccine by the Municipal Corporation of Greate...

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Bombay High Court Dismisses Writ Petition Challenging Extended Period Demand Under Section 11A of Central Excise Act — Suppression of Facts Justifies Extended Limitation. Forgings Classified Under Chapter 84 as Machinery Parts, Not Eligible for Exemption Under Notification No.223/88.

The Bombay High Court dismissed a writ petition filed by M/s Rajkumar Forge Limited and its director challenging orders of the Commissioner of Central...