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Bombay High Court Acquits Accused in Rape and Kidnapping Case Due to Inconsistent Evidence and Consent. Conviction under Sections 363, 366, 376 IPC Set Aside as Prosecution Failed to Prove Lack of Consent and Age of Victim Beyond Reasonable Doubt.

The appellant, Govind Shripat Maraskolhe, was convicted by the Ad hoc Additional Sessions Judge, Wardha in Sessions Trial No. 56/2006 for offences und...

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Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

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Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit Despite Defendant's Preliminary Objections. Plaintiff's Mark 'ESSEL' Found to Have Acquired Distinctiveness and Defendant's Use Likely to Cause Confusion.

The plaintiff, Essel Propack Ltd., filed a suit in 2010 against Essel Kitchenware Ltd. and another defendant for trademark infringement and passing of...

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CRIMINAL APPEAL NO.466 OF 2016

The appeal was filed before the Bombay High Court against the judgment of the Additional Sessions Judge, Parbhani, convicting the appellant under Sect...

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High Court of Karnataka Quashes Criminal Proceedings Against Contractor in Section 482 Cr.P.C. Petition. FIR Under Sections 379, 406, 420 IPC Quashed as Dispute Was Civil in Nature and Complaint Filed as Counterblast for Recovery of Money.

The dispute arose from a construction contract between Modern Asset (petitioner) and KNK Constructions Private Limited (2nd respondent). The 2nd respo...

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Bombay High Court Reviewed Writ Petition Against IPAB Order Cancelling Pharmaceutical Trademark Registration. The Court Examined Whether Rectification Application Was Maintainable Under Section 124 Trade Marks Act, 1999 and Whether IPAB Correctly Applied Deceptive Similarity Test to Cancel OFLOMAC Mark.

The dispute concerned pharmaceutical trademarks OFLOMAC and OFRAMAX. Macleods Pharmaceuticals Limited, the petitioner, challenged an order of the Inte...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Cotton Supply Dispute. Consolidation of Claims from Nine Contracts with Identical Terms Does Not Violate Fundamental Policy of Indian Law Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, BST Textile Mills Pvt. Ltd., entered into nine contracts with the respondent, The Cotton Corporation of India Ltd., for the purchase o...

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Bombay High Court Dismisses Plaintiff's Copyright Infringement Claim Against Film 'Umeed' — No Substantial Similarity Found. Court holds that ideas and themes are not copyrightable under the Copyright Act, 1957, and that the plaintiff failed to establish access or copying.

The plaintiff, Shivani Tibrewala, a writer/director, filed a suit alleging copyright infringement by the defendants, Rajat Mukherjee and others, in re...