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Supreme Court Dismisses Appeal by Seed Company, Upholds Consumer Status of Small Agriculturist in Buyback Dispute. Cultivation of Safed Musli for Livelihood Held Not Commercial Purpose Under Section 2(d) of Consumer Protection Act, 1986.

The case involves a dispute between M/s Nandan Biomatrix Ltd., a seed company, and S. Ambika Devi, a small landholder. In 2003, the appellant advertis...

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Bombay High Court Allows Appeal in NDPS Case Due to Non-Compliance with Section 50 - Conviction Set Aside for Failure to Inform Appellant of Right to be Searched Before Gazetted Officer or Magistrate.

The appellant, Shridhar Laxman Chennuri, was convicted by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) ...

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High Court of Bombay at Goa Allows Customs Appeal, Upholds Confiscation of Cosmetics Imported Through Non-Notified Port. Import of Cosmetics Through Marmagoa Port Violates Rule 133 Read with Rule 43-A of Drugs and Cosmetics Rules, 1945, as Cosmetics Are Not Exempted Under Rule 132 and Schedule D.

The Commissioner of Customs, Goa, filed an appeal under the Customs Act, 1962, against an order of the Customs, Excise and Service Tax Appellate Tribu...

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Bombay High Court Quashes FDA Orders Stopping Production of Johnson's Baby Powder Due to Violation of Natural Justice. Orders passed without providing test reports or hearing the manufacturer were set aside as arbitrary and in breach of principles of audi alteram partem.

The petitioner, Johnson & Johnson Pvt Ltd, a manufacturer of pharmaceuticals and cosmetics including 'Johnsons Baby Powder', challenged three orders p...

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Supreme Court Dismisses State's Appeal in Excise Duty Dispute Over Non-Potable Weak Spirit. State's Authority to Levy Excise Duty is Limited to Alcoholic Liquors for Human Consumption Under Entry 51 List II of the Constitution, While Non-Potable Spirit Falls Under Central Power Under Entry 84 List I.

The appeals arose from a common judgment of the High Court of Orissa, which allowed writ petitions filed by the respondent-company and set aside deman...

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Bombay High Court Allows Writ Petitions Challenging Demand of VAT on Pan Masala Containing Tobacco under MVAT Act, 2002. Exemption Under Schedule Entry A-45 Upheld and Part Payment Orders Quashed as Explanation Inserted by Notification dated 21.01.2006 Held Ultra Vires.

The dispute arose under the Maharashtra Value Added Tax Act, 2002 regarding the levy of VAT on pan masala containing tobacco (gutkha/mawa) for the fin...

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Supreme Court Upholds Gauhati High Court Decision Striking Down Assam Rural Health Regulatory Authority Act, 2004 for Repugnancy with Indian Medical Council Act, 1956. Diploma in Medicine and Rural Health Care Held to Be a Medical Qualification Requiring Central Permission Under Section 10A of IMC Act.

The case involves appeals against the Gauhati High Court's judgment striking down the Assam Rural Health Regulatory Authority Act, 2004. The Assam Act...

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Bombay High Court Dismisses Appeal Against Refusal of Interim Injunction in Trademark 'Covishield' Passing Off Dispute. Cutis Biotech failed to establish prima facie case of passing off as the mark 'Covishield' is descriptive and not exclusively associated with the appellant.

The dispute concerns the trademark 'Covishield'. The appellant, Cutis Biotech, a sole proprietorship, filed a suit in the Commercial Court at Pune see...