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Bombay High Court Dismisses Challenge to Section 479(2) of MMC Act, 1888 — License Fee Fixation by Commissioner Upheld. The court held that the power to fix fees is not unguided and does not violate Articles 14 or 19(1)(g) of the Constitution.

The petitioners, Rushabh Outdoors (a partnership firm) and Vandana Borse (proprietress of M/s. Synnovation), challenged the constitutional validity of...

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Gujarat High Court Quashes Retrospective Withdrawal of Export Incentive Scheme. Retrospective Cancellation of Transport and Marketing Assistance Scheme Violates Legitimate Expectation and Promissory Estoppel, Unreasonable Classification Under Article 14.

The petitioners, exporters of agricultural products, were beneficiaries of the Transport and Marketing Assistance (TMA) Scheme introduced by the Minis...

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Bombay High Court Grants Interim Injunction Against Defendant in Trademark Infringement and Passing Off Suit — Use of 'KATARIA INSURANCE' Held Deceptively Similar to Plaintiff's Registered Marks 'KATARIA' and 'KATARIA INSURANCE CONSULTANCY' Under Trade Marks Act, 1999.

The plaintiff, Bhavesh Suresh Kataria, proprietor of Kataria Jewellery Insurance Consultancy, filed a suit for trademark infringement and passing off ...

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Bombay High Court Quashes Inquiry Officer's Penalty Order for Lack of Jurisdiction in Misdescription of Cargo Case. Container Corporation of India's Inquiry Officer acted without authority under the Indian Railways Act, 1989 and the Railways (Punitive Charges for Misdescription of Goods) Rules, 2004.

The case involves two writ petitions arising from an order dated 10.09.2012 passed by an Inquiry Officer, Shri Srinivas Mudgerikar, appointed by the H...

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Bombay High Court Dismisses Petition Challenging Labour Court Award Under Section 33-C(2) of Industrial Disputes Act, 1947. Relationship of Employer and Employee Established Between Market Committee and Licensed Weighman.

The Agricultural Produce Market Committee, Solapur, and its Chairman filed a writ petition challenging a Labour Court award dated 29 November 1997, wh...

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Bombay High Court Quashes Eviction Orders Against Tenant in Public Premises Act Case — Estate Officer Lacks Jurisdiction Over Genuine Tenancy Dispute. Lawful Tenant Cannot Be Evicted Under Public Premises (Eviction of Unauthorised Occupants) Act, 1971; Dispute Must Be Adjudicated by Civil Court.

The petitioner, Nusli Neville Wadia, was a lawful monthly tenant of Flat No.B/27 at Mayfair Gardens, Malabar Hill, Mumbai, since 1 October 1972, payin...

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Bombay High Court Dismisses Petition Challenging Industrial Court Order for Reinstatement with Full Back Wages. Termination of Workmen Held to Be Colourable Exercise of Employer's Rights and Victimization Under Industrial Disputes Act, 1947.

The petitioner, Anglo French Drugs & Industries Ltd., challenged an order of the Industrial Court dated 11th April 2002, which allowed a revision appl...