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Bombay High Court Dismisses Passing Off Injunction in Pharmaceutical Trademark Dispute Due to Delay and Acquiescence. Similarity of marks alone insufficient for interim relief when defendant has used its registered mark for nearly a decade without evidence of confusion.

The plaintiff, Torrent Pharmaceuticals Ltd, filed a suit for trademark infringement and passing off against Wockhardt Ltd and Overseas African Remedie...

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Bombay High Court Disposes of Civil Revision Applications by Tenants in Eviction Proceeding Under Maharashtra Rent Control Act, 1999. Tenants Raised Issues of Non-Decision of Order 41 Rule 27 CPC Applications, Delayed Judgment, and Misinterpretation of Section 15 of the Rent Act.

The Bombay High Court heard two Civil Revision Applications filed by tenants Vasant Mahadeo Gujar and Smt. Khatija Ismail Panhalkar against the common...

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Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

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Supreme Court Considers Whether Lift Installation Contracts Are 'Works Contract' or 'Sale of Goods' for Sales Tax Purposes. The Matter Was Referred to a Larger Bench to Resolve Conflict Between Prior Rulings and to Determine the Applicability of the Predominant Intention Test After Recent Judgments.

The matter stems from multiple writ petitions and civil appeals challenging the classification of contracts for manufacture, supply and installation o...

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High Court of Bombay Disposes Three Criminal Applications in Matrimonial Dispute Seeking Quashing of FIRs. Accusations Involve IPC, POCSO Act, and Juvenile Justice Act Allegations Between Family Members.

The High Court of Judicature at Bombay dealt with three interconnected proceedings arising from a matrimonial dispute between a husband (Prakash Hotch...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act in Demurrage Dispute, Upholding Concurrent Findings Below. Clause 10(v) Held to Create Direct Liability for Demurrage, Not Indemnity, and Counterclaim for Option Cargo Damages Rejected.

The dispute arose from a coal supply contract dated 18 September 1999 between the appellant, an Indian company, and the respondent, an Australian comp...

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Bombay High Court Allows Contractor's Suit for Recovery of Unpaid Amounts and Interest in Construction Contract Dispute. Holds that Delayed Payments Attract Interest Under Section 61 of the Indian Contract Act, 1872, and Excess Recovery from Mobilisation Advance Must Be Refunded.

The plaintiff, M/s Ajay Deep Construction Pvt. Ltd., filed a suit against the Maharashtra State Police Housing & Welfare Corporation Ltd. for recovery...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of the Constitution Violated as Statements of Co-Accused Not Supplied.

The petitioner, wife of the detenu Kirti Vanabhai Patel, filed a habeas corpus petition under Article 226 of the Constitution challenging the detentio...