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Bombay High Court Dismisses Second Appeal in Real Estate Dispute — Upholds Concurrent Findings on Agreement to Sell and Possession. Appellant failed to prove readiness and willingness to perform contract under Section 16(c) of Specific Relief Act, 1963.

The appellant, Mohammed Zain Khan, filed a Second Appeal before the Bombay High Court challenging the concurrent judgments of the trial court and the ...

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Bombay High Court Dismisses Interim Injunction in Trademark Infringement Suit Over 'MAUJ' vs 'MOJ' — No Deceptive Similarity Found. Phonetic and structural comparison of marks 'MAUJ' and 'MOJ' held not deceptively similar; plaintiff failed to establish prima facie case for interim relief.

The plaintiff, Mauj Mobile Private Limited, filed a commercial IP suit alleging infringement of its registered trademark 'MAUJ' (registered in Classes...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased motorcyclist found 50% negligent for accident with car, reducing claimants' compensation proportionately under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of Jayant Bagal, who died in a collision between his motorcycle and an Indica car...

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Bombay High Court Dismisses LPG Distributor's Challenge Against Discontinuation of Home Delivery Charges Beyond Contract Territory. Principle of Legitimate Expectation Cannot Be Invoked Against Statutory Policy or When No Representation Was Made by the Authority.

The petitioner, M/s Jay Gas Agency, a proprietorship firm represented by Sneha Vilas Kulkarni, was appointed as an LPG distributor by Hindustan Petrol...

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Bombay High Court Grants Injunction in Trademark Infringement and Passing Off Suit Over Pharmaceutical Marks OROFER and OROFER-XT vs COROFER and COROFER-XT. Court finds deceptive similarity and rejects acquiescence defense under Section 33 of Trade Marks Act, 1999.

The Plaintiff, Emcure Pharmaceuticals Ltd., filed a suit for trademark infringement and passing off against Corona Remedies Pvt. Ltd., alleging that t...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Deceased Driver's Own Negligence Not Covered Under Section 166 of Motor Vehicles Act, 1988. Tribunal's finding of employment and salary set aside; penal interest direction modified.

The case arises from a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the dependents of Nazir Beg, who died in a motor acc...

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Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit Despite Defendant's Preliminary Objections. Plaintiff's Mark 'ESSEL' Found to Have Acquired Distinctiveness and Defendant's Use Likely to Cause Confusion.

The plaintiff, Essel Propack Ltd., filed a suit in 2010 against Essel Kitchenware Ltd. and another defendant for trademark infringement and passing of...