Search Results for "Statutes 1990"

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Bombay High Court Dismisses Admiralty Suits as Time-Barred Under Limitation Act. Claims for Loss of Vessel and Cargo Filed Beyond Three-Year Limitation Period from Date of Vessel's Sinking.

The judgment concerns two admiralty suits filed in the Bombay High Court. Admiralty Suit No.3 of 2011 was filed by the time charterer of the vessel 'N...

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Bombay High Court Allows Appeal in Tenancy Dispute — Section 32M Certificate Conclusive Proof of Ownership. Certificate issued under Section 32M of Bombay Tenancy and Agricultural Lands Act, 1948 is conclusive evidence of tenant's purchase and civil court cannot ignore it.

The appellant, Pushpalata Narayan Thorbole, filed a second appeal against the judgment and decree dated 1.4.2014 passed in Regular Civil Appeal No. 14...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Injunction in Parking Space Dispute. Court upholds concurrent findings that petitioner failed to establish exclusive right over stilt parking space as it was not part of the sale deed.

The petitioner, Udai Raj Singh Chauhan, filed a writ petition under Article 227 of the Constitution of India before the Bombay High Court at Goa, chal...

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Bombay High Court Confirms Death Sentence for Rape and Murder of Minor Tribal Girl under POCSO Act and IPC. Circumstantial evidence including DNA, last seen, and medical evidence established guilt beyond reasonable doubt.

The case pertains to the brutal rape and murder of a 10-year-old tribal girl, Ku. S, on 15-08-2015 at the newly constructed hostel building of Adivasi...

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Bombay High Court Allows Second Appeal in Specific Performance Suit Involving Tribal Land Transfer. Decree for specific performance of agreement to sell tribal land to non-tribal can be granted subject to obtaining permission under Section 36A of Maharashtra Land Revenue Code.

The appellant, Babasaheb Dhondiba Kute, a non-tribal, entered into an agreement dated 31.07.2001 with the respondent, Radhu Vithoba Barde, a tribal, f...

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High Court of Karnataka Allows Defendants in Copyright Infringement Suit, Quashes Ex Parte Injunction for Non-Compliance with Order XXXIX Rule 3 CPC. Trial Court Failed to Record Reasons or Issue Notice Before Granting Ex Parte Injunction, Violating Mandatory Provisions of CPC.

The petitioners, Paramvah Studios Pvt. Ltd. and its Managing Director Rakshit Shetty, were defendants in a suit filed by Lahari Recording Company (res...

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High Court of Karnataka Upholds Injunction Against Defendant in Trademark Infringement Case — 'Cothagiri' Mark Deceptively Similar to 'Cothas'. Court Restrains Defendant from Using Mark 'Cothagiri' for Coffee Products, Finding Prima Facie Case of Passing Off Under Trade Marks Act, 1999.

The case involves a trademark dispute between M/s. Cothas Coffee Co. (plaintiff/respondent) and M/s. Avighna Coffee Pvt. Ltd. (defendant/appellant). T...

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High Court of Karnataka Upholds Injunction in Trademark Infringement Case — 'Cothagiri' Mark Deceptively Similar to 'Cothas'. Defendant restrained from using mark 'cothagiri' for coffee products as it is phonetically and structurally similar to plaintiff's registered trademark 'Cothas'.

The case involves a trademark infringement dispute between two coffee companies. The appellant, M/s Avighna Coffee Pvt. Ltd., was the defendant in the...