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Bombay High Court Allows Appeal in Missing Person Declaration Case — Father Presumed Dead After 7 Years of Unexplained Disappearance. Presumption of Death Under Section 108 of the Indian Evidence Act, 1872 Applies When Person Missing for Over 7 Years and Not Heard Of.

The appellant, Vishwesh Dogra Suvarna, filed a suit in the Trial Court seeking a declaration that his father be declared as 'dead'. The father had bee...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement Held to Be Leave and Licence, Not Sale. Court upholds finding that the agreement dated 22 April 1977 was a sham document and the transaction was a leave and licence arrangement, not an agreement for sale.

The Appellant, M/s. Imageads and Communications Pvt. Ltd., filed a suit for specific performance of an agreement dated 22 April 1977, claiming that Re...

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Bombay High Court Dismisses Plaint in Copyright Infringement Suit for Lack of Cause of Action and Abuse of Process. Plaintiff failed to identify any protectable work or substantial similarity with defendant's film, leading to dismissal with costs.

The plaintiff, Akashaditya Harishchandra Lama, filed a suit for copyright infringement seeking an interim injunction to restrain the release of the fi...

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INTERIM APPLICATION NO.1767 OF 2020

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Bombay High Court Dismisses Plaintiff's Trademark Infringement Suit for Lack of Evidence of Use and Passing Off. Marks VIVACITY and VIVZ held not deceptively similar to registered mark VIVA under Trade Marks Act, 1999.

The Plaintiffs, Arviva Industries (India) Ltd., filed a suit seeking an injunction against the Defendants, Vikas M. Tulsian and others, alleging infri...