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WRIT PETITION NOS.1489 2010

Multiple writ petitions were filed before the Nagpur Bench of the Bombay High Court by various lecturers and teachers against the State of Maharashtra...

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Supreme Court Allows Land Owner's Appeal in Consumer Case, Holding No Joint Liability for Developer's Default. Collaboration Agreement and Tripartite Agreement Did Not Impose Obligation on Land Owner to Flat Buyers Under Consumer Protection Act, 1986.

The appeals arose from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) allowing a complaint by flat buyers against a ...

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Supreme Court Enforces Foreign Award in Two-Tier Arbitration — Holds ICC Award Enforceable Despite Prior Indian Award. Two-Tier Arbitration Clause Valid Under Indian Law; Natural Justice Opportunity Afforded to Respondent.

The dispute arose from a contract between Centrotrade Minerals and Metals Inc., a US corporation, and Hindustan Copper Ltd. (HCL) for the sale of copp...

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Bombay High Court Quashes Removal of Sarpanch Under Section 39(1) of Maharashtra Village Panchayats Act, 1959 — Lack of Proper Enquiry and Non-Application of Mind. The court held that removal without affording opportunity of hearing and without proper enquiry is unsustainable.

The petitioner, Shri Jagdish Mannalalji Sancheriya, was directly elected as Sarpanch of Gram Panchayat, Anji (Mothi), District Wardha in March 2019 fo...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Employee in School Termination Case. Non-Compliance with Mandatory Procedure under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 Renders Termination Illegal.

The petitioners, Lady Yashodabai Joshi Ladies Club (a registered Public Trust) and the Head Master of Golden Kids English High School (collectively re...

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Bombay High Court Allows Writ Petition Challenging Apex Grievance Redressal Committee Order in Slum Rehabilitation Case. AGRC's Reversal of Developer Termination Set Aside for Non-Application of Mind and Violation of Natural Justice.

The petitioner, Hanuman Nagar (Jogeshwari) SRA CHS (Proposed), is a society of slum dwellers residing on a plot in Jogeshwari, Mumbai. In 2006, the ma...

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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...

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High Court of Karnataka Quashes FIR in Corruption Case Due to Lack of Sanction Under Section 17A of PC Act — FIR Registered Without Prior Approval from Competent Authority for Investigation Against Public Servant

The petitioner, Ningappa G @ Ningappa Savant, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.PC) / Section 52...

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Bombay High Court Allows Appeal in Patent and Trademark Infringement Case — Finds No Prima Facie Case for Injunction. Court holds that patent for method and apparatus does not extend to product, and trademark registration is subject to opposition, thus no interim injunction warranted.

The appeal arises from an order dated 19.11.2009 in Notice of Motion No.3709 of 2009 in Suit No.2576 of 2009, whereby the trial court granted an inter...