Search Results for "prior demand and refusal"

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Madras High Court Adjudicates Trademark Opposition Over 'Big Bite' Mark in Class 30. Court Considers Application of Prior User Test and Relevance of Trans-Border Reputation Under Trademarks Act, 1999.

The appeals were filed under Section 91 of the Trademarks Act, 1999 against a common order dated 18.7.2014 by the Deputy Registrar of Trade Marks. The...

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Bombay High Court Grants Interim Injunction to Plaintiff in Copyright Dispute Over Film 'Sheela' — Prima Facie Finding of Valid Assignment Chain. Court holds that registered assignments under Section 48 of the Copyright Act, 1957 prevail over unregistered subsequent assignments.

The dispute concerns the copyright in the 1987 Hindi motion picture 'Sheela', originally produced by BS Dwarakish. Goldmines Telefilms Pvt Ltd filed a...

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Bombay High Court Acquits Policemen and Private Citizen in Corruption Case Due to Unreliable Trap Witness. Conviction under Sections 7, 13(2) r/w 13(1)(d) and Section 12 of Prevention of Corruption Act, 1988 set aside as sole trap witness was interested and testimony uncorroborated.

The case involves two appeals against conviction under the Prevention of Corruption Act, 1988. The appellants in Criminal Appeal No.248/02 were police...

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Bombay High Court Dismisses Appeal by Occupier in Company Liquidation - Licence Created After Winding Up Petition is Void. Official Liquidator Entitled to Recover Possession from Trespasser Despite Deemed Tenancy Decree.

The appeal arises from an order of a Single Judge of the Bombay High Court in a company application filed by Respondent No.3 (original applicant) agai...

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Madras High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Allegation of Sexual Assault Fails as Victim's Testimony Contradicted by Medical Evidence and Delay in FIR.

The appellant, Manikandan, was convicted by the Sessions (Fast Track Mahila) Judge, Namakkal, for offences under Sections 5(l) and 5(j)(ii) of the Pro...

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Bombay High Court Quashes Conviction in Consumer Protection Act Penalty Case for Violation of Summary Trial Procedure. Failure to Record Plea and Conduct Trial as Per Sections 254 and 262 CrPC Renders Proceedings Void.

The petitioner, Suhas Ratnakar Morey, was convicted by the Maharashtra State Consumer Disputes Redressal Commission (State Commission) under Section 2...

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Bombay High Court Allows Writ Petition Against University for Denying Affiliation Despite Central Permission for Post Graduate Unani Course. University Cannot Impose Conditions Beyond Central Council Regulations Under Indian Medicine Central Council Act, 1970.

The petitioners, Maharashtra Medical Education & Research Centre (a public trust) and its Z.V.M. Unani Medical College, sought to start a Post Graduat...

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Bombay High Court Dismisses Employer's Petition Challenging Workman's Right to Advocate in Domestic Enquiry. Management Representative with HR Background and Enquiry Experience Deemed Legally Trained Mind, Justifying Workman's Right to Legal Representation Under MRTU & PULP Act.

The case involves a challenge by the employer, The Indian Express (P) Ltd and its officers, against an order of the Industrial Court at Thane dated 9 ...

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Bombay High Court Dismisses Employer's Petition Seeking to Unilaterally Implement Notice of Change Under Section 9A of Industrial Disputes Act. Employer Cannot Implement Proposed Changes Without Settlement or Award from Competent Court.

The petitioner, J. D. Orgochem Limited (formerly Jaysynth Dyechem Ltd.), is a company engaged in manufacturing chemicals. The respondent, Dyes and Che...