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Bombay High Court Grants Permanent Injunction in Trademark Infringement Suit: Sun Pharma's 'SUN' Mark Protected Against 'ABSUN'. Deceptive similarity established as dominant feature 'SUN' is common; addition of prefix 'AB' insufficient to distinguish under Section 29(2)(b) of Trade Marks Act, 1999.

The plaintiff, Sun Pharmaceutical Industries Ltd., filed a suit seeking a permanent injunction to restrain the defendant, Satej M. Katekar, proprietor...

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SECOND APPEAL NO. 148 OF 2016

The dispute centered on rights to perform pooja and collect offerings at Goddess Shree Rupa Bhavani Temple in Solapur, registered as a public trust. T...

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Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of IA for Framing Additional Issues in Injunction Suit. Order 14 Rule 1 and 5 CPC does not mandate framing of issues on every factual controversy; only on material propositions of fact or law.

The petitioner, plaintiff in O.S. No.374/2016, filed a suit for permanent injunction against the respondents to restrain them from interfering with hi...

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High Court of Karnataka Dismisses Appeal in Property Dispute — Upholds Trial Court's Decree for Declaration and Permanent Injunction. Plaintiff's Title Established Through Registered Sale Deed and Tax Records, Defendant's Adverse Possession Claim Fails for Lack of Evidence.

The Regular First Appeal was filed by the defendant against the judgment and decree dated 16.4.2009 passed by the XV Additional City Civil Judge, Bang...

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Bombay High Court Hears Suit by Trustees of Public Charitable Trust for Declaration of Ownership of Suit Properties Under Maharashtra Public Trusts Act, 1950. Defendant's Probate-Based Claim to Trust Properties and Alleged Trespass Prompted Suit for Declaration and Permanent Injunction.

The dispute arose between the trustees of the Banaji Limji Agiary Trust, a public charitable trust registered under the Maharashtra Public Trusts Act,...

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Bombay High Court Dismisses Revision Against Execution of Foreign Court's Costs Order. Foreign judgment imposing costs is a decree enforceable under Section 44A of CPC, 1908, and the executing court cannot go behind the decree.

The Petitioner, M/s. Alcon Electronics Pvt. Ltd., challenged an order dated 15th April, 2011 passed by the learned District Judge-2, Nashik, which rej...