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Bombay High Court Quashes FIR in Cyber Stalking Case: E-mails Lacking Sexual Content Do Not Attract Section 67 of IT Act or Sections 354, 509, 506 IPC. Court holds that vulgar language without lascivious intent or threat of injury does not constitute obscenity or criminal intimidation.

The Petitioner, Joseph Paul de Sousa, sought quashing of FIR No. 30 of 2009 registered with the Cyber Cell, Mumbai, for offenses under Sections 354, 5...

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Bombay High Court Clarifies Pleading Practice in Trademark Infringement and Passing Off Suits — Single Injunction Prayer Sufficient. The court held that separate prayers for infringement and passing off are unnecessary; a single prayer for injunction suffices regardless of the ground.

This judgment arises from an interim application in a commercial IP suit filed by Hindustan Unilever Ltd against an opposing party. The court had alre...

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Bombay High Court Allows Writ Petition Challenging Termination of Contract by Municipal Corporation — Violation of Natural Justice and Contractual Obligations. Contract Termination Set Aside as Corporation Failed to Follow Contractual Dispute Resolution Mechanism and Principles of Natural Justice.

The petitioner, BVG India Ltd., was awarded a contract by the Navi Mumbai Municipal Corporation in January 2016 for a period of five years for solid w...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder and Robbery Case Due to Unreliable Circumstantial Evidence. Chain of Circumstances Not Complete to Prove Guilt Beyond Reasonable Doubt Under Sections 302 and 392 read with Section 34 of IPC.

The State of Maharashtra appealed against the judgment of the 2nd Additional Sessions Judge, Sawantwadi dated 24 January 1997 acquitting the responden...

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Bombay High Court Dismisses Injunction in Trademark Infringement and Passing Off Suit — No Deceptive Similarity Between 'Palm Grove' and 'Royal Palms' Hotels. Plaintiff's use of 'Palm Grove' always in combination with 'Ramada' and delay disentitled it to interim relief.

The Plaintiff, Palm Grove Beach Hotels Pvt. Ltd., owned and operated a mid-range hotel in Juhu, Mumbai, under the name 'Ramada Plaza Palm Grove' (prev...

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Bombay High Court Upholds Injunction Against Infringement of Registered Trade Mark SABMiller India in Beer Bottles. The Court held that use of an identical registered trade mark on identical goods constitutes infringement under Section 29 of the Trade Marks Act, 1999, and granted interim injunction.

The Respondent, SABMiller India Ltd., held a registered trade mark 'SABMiller India / SABMILLER INDIA' in classes 21 and 32 under the Trade Marks Act,...