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Bombay High Court Dismisses Appeal Against Municipal Corporation in Property Dispute Over Open Space. Injunction Denied as Plaintiffs Failed to Establish Possession or Title Over Suit Premises Under Section 38 of Specific Relief Act, 1963.

The appeal arose from an order dated 10.02.2021 of the City Civil Court at Dindoshi dismissing the Notice of Motion No. 438 of 2021 in L.C.Suit No. 14...

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Bombay High Court Dismisses Petition Challenging Substitution of Assignee in Pending DRT Proceedings Under SARFAESI Act. Assignment of debt under Section 5 of SARFAESI Act entitles assignee to continue pending recovery proceedings without fresh filing, and amendment of cause title is permissible.

The petitioner, Alpha and Omega Diagnostics India Ltd., challenged a common order of the Debt Recovery Appellate Tribunal (DRAT) which upheld the orde...

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Bombay High Court Grants Injunction in Trademark Infringement and Passing Off Suit Over 'BADEMIYA' Mark. Plaintiffs' registered trademarks 'BADEMIYA'S' and 'BADEMIYA' in Classes 29 and 42 are infringed by defendant's use of 'BADEMIYAN' for similar food business.

The plaintiffs, a partnership firm and its partners, filed a suit for trademark infringement and passing off against the defendant. The plaintiffs' bu...

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Bombay High Court Dismisses Petition Challenging Cooperative Society's Refusal to Admit Member Under Section 23 of Maharashtra Cooperative Societies Act, 1960. Court upholds society's right to reject membership based on non-compliance with by-laws and lack of eligibility.

The petitioner, Dilip Bobde Patil, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the r...

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Bombay High Court Allows Appeals in Central Excise Cases Involving 100% EOU — Cenvat Credit on Inputs and Capital Goods Allowed Despite Procedural Lapses. Substantial compliance with Central Excise Rules, 2002 and Notification No. 22/2003-CE sufficient for entitlement to Cenvat credit.

The judgment concerns three Central Excise Appeals filed by Shri Dharampal Lalchand Chug and Shri Kamal Lalchand Chug, who are sole proprietors of 100...