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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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WRIT PETITION NO. 2329 OF 2003

The petitioners, K.P. Power Private Limited and its director, filed a writ petition in 2003 before the Bombay High Court seeking a mandamus to compel ...

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Bombay High Court Grants Interim Injunction in Favor of Plaintiff in Trademark Infringement and Passing Off Suit. Registered Trademark 'SACU-V' for Heart Failure Drug Protected Against Deceptively Similar Mark 'SACV' for Same Composition Pharmaceutical Product.

The Plaintiff, Glenmark Pharmaceuticals Ltd., is engaged in manufacturing and sale of pharmaceutical preparations. It adopted the trademark 'SACU-V' i...

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Supreme Court Allows CBI Appeals in PC Act Cases: Consent Under Section 6 DSPE Act Not Required for Investigation of Central Government Employees; Notification Under Section 3 PC Act Not a Condition Precedent for Trial by Special Judge.

The Supreme Court of India heard two appeals filed by the Central Bureau of Investigation (CBI) against a common judgment of the High Court of Andhra ...

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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 Allows Petition Challenging Stamp Duty Assessment on Flat Purchase Agreements. Agreements for sale of flats in a building under construction are agreements to sell, not conveyances, and stamp duty is to be assessed on the consideration stated in the agreement, not on market value.

The petitioner, M/s. Padmavati Construction Co., a partnership firm, was developing a plot of land in Chembur, Mumbai. The registered owner, Bombay Co...

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Bombay High Court Allows Students' Challenge to Caste Certificate Scrutiny Committee's Adverse Findings in Medical College Admissions. Court holds that the Scrutiny Committee must follow principles of natural justice and provide opportunity of hearing before invalidating caste certificates.

The petitioners, students admitted to medical colleges in Maharashtra, challenged the orders of the Caste Scrutiny Committee which invalidated their c...