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Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit — KYK Mark and Trade Dress Protected. Leave under Clause XIV of Letters Patent granted to combine causes of action for infringement and passing off.

The plaintiffs, Mohtimbas Engineering Pvt. Ltd. (Plaintiff No.1, an Indian stockist and distributor) and a Taiwanese manufacturer (Plaintiff No.2), fi...

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High Court of Bombay at Goa Dismisses Appeal Against SARFAESI Proceedings — Tenant's Claim Not Established. The court held that the appellant failed to prove tenancy and that the remedy under Section 17 of the Securitisation Act is available to any person aggrieved, including tenants.

The appellant, Modinasab Indikar, filed a first appeal before the High Court of Bombay at Goa against the order of the District Magistrate, Salcete, d...

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Bombay High Court Dismisses Petitions Challenging Port Trust's Eviction Notices for Unauthorized Occupants. Held that lessees/licensees whose tenures expired and who continued in possession without consent are unauthorized occupants liable to eviction under the Major Port Trusts Act, 1963.

The judgment concerns a group of writ petitions filed by various entities who were originally lessees or licensees of land belonging to the Board of T...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Rejection of Reference for Compensation for Mining Lease Rights in Land Acquisition. Mining Lessee Not Entitled to Separate Compensation for Loss of Mining Rights Under Land Acquisition Act, 1894.

The petitioner, Pravinkumar Gosalia, was a mining lessee of certain lands in Quitol Village, Quepem Taluka, Goa. His father had obtained a mining leas...

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Bombay High Court Allows Appeal in Property Dispute Case — Court Receiver Appointed to Protect Suit Premises Pending Trial. Dispute Involves Alleged Illegal Dispossession of Widow and Minor Son from Residential Flat and Office Premises by In-Laws.

The appeal arises from a suit filed by Khushnuma Ibrahim Khan and her minor son Raghib Ibrahim Khan (appellants) against Asadullah Khan and others (re...

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Bombay High Court Dismisses Petition to Restrain Invocation of Bank Guarantee in Airport Development Contract Dispute. Court holds that bank guarantee is an independent contract and can be invoked only in case of breach, but no prima facie case of fraud or irretrievable injustice established.

The petitioner, Housing Development and Infrastructure Limited (HDIL), filed an arbitration petition under Section 9 of the Arbitration and Conciliati...

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Bombay High Court Upholds Eviction of Licensee from MSRTC Premises Under Bombay Government Premises (Eviction) Act, 1955 — Licensee Cannot Claim Protection After Expiry of Licence Period.

The petitioner, Shyam Ramapati Pandey, was allotted space for running a scooter and cycle stand at the Main Bus Stand, Ganesh Peth, Nagpur, by the Mah...

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Bombay High Court Dismisses Challenge to Arbitral Award in Guarantee Dispute — Guarantor's Liability Not Discharged by Family Settlement Without Bank's Consent. Family Settlement Between Guarantor and Principal Debtor Does Not Discharge Guarantor Under Section 134 of Indian Contract Act, 1872.

The petitioner, Narinder Pal Agarwal, was a director and guarantor of Narendra Metal Converters Pvt. Ltd., which had taken loans from Saraswat Coopera...