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Bombay High Court Allows Release of Imported Bearings in IPR Suspension Case — Mandamus Issued for Violation of IPR Rules 2007. Customs Authorities Suspended Clearance Without Confiscation Order or Notice Under Rule 7 of IPR Rules, Violating Principles of Natural Justice.

The petitioners, NBU Bearings Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Mere Change of Opinion Invalid. Reassessment Based on Same Commencement Certificate Date Already Considered in Original Assessment Under Section 143(3) Cannot Be Sustained.

The petitioner, M/s. Mistry Lalji Narsi Development Corporation, a partnership firm engaged in development and construction, challenged a notice issue...

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Bombay High Court Allows FERA Appeal: Tribunal Erred in Affirming Penalty for Alleged Contravention of Section 9(1)(f)(i) of FERA 1973 — Remittances Protected Under Remittances in Foreign Exchange (Immunities and Exemptions) Act, 1991 and Scheme of 1991.

The appellants, four individuals, received US$ 25,000 each in their savings bank accounts with Bank of Baroda on or about 12 October 1991, totaling US...

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Bombay High Court Upholds Dismissal of Employee in Disciplinary Proceedings for Misconduct. Court holds that findings of domestic enquiry are not perverse and punishment is proportionate.

The petitioner, TCE Consulting Engineers Ltd., challenged the order of the Industrial Court which set aside the dismissal of the first respondent, Dil...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'Café Madras' Restaurant Name. The mark 'Café Madras' held to be inherently distinctive and entitled to protection against use by a subsequent restaurant of the same name.

The plaintiffs, the Kamath family, have been running a restaurant named 'Café Madras' in Matunga, Mumbai since 1938. The restaurant has acquired a re...

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Gujarat High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Conviction under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as sole interested witness's testimony insufficient without independent corroboration.

The appellant, Zaverilal Ramjibhai Gala, was a Chief Engineer with Gujarat Electricity Board (GEB) and was convicted by the Special Judge (ACB), Kutch...

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High Court of Karnataka Quashes Stamp Duty Demand on Arbitral Award Passed Outside State — Stamp Duty Payable Only Where Award is Made Under Section 3 of Karnataka Stamp Act, 1957. Arbitral Award Made in Mumbai Not Subject to Karnataka Stamp Duty When Sought to be Executed in Karnataka.

The petitioner, Mahindra & Mahindra Financial Services Ltd, a financial institution, entered into a loan agreement with respondents No. 1 and 2. The a...

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Bombay High Court Grants Probate to Deceased Wife's Will in Testamentary Suit Filed by Husband. Sons' Allegations of Forgery, Undue Influence, and Mutual Will Irrevocability Fail; Court Holds Due Execution Proved Under Indian Succession Act, 1925.

The plaintiff, husband of the deceased Vilasgauri Manilal Doshi, filed a testamentary suit seeking probate of his wife’s will dated 15 April 1970. T...