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Bombay High Court Allows Petitions Challenging Cancellation of Advance Authorizations and Demand for Customs Duty in Sugar Export Cases. Non-compliance with export obligation due to government-imposed export ban constitutes force majeure, and demand for duty with interest cannot be sustained.

The judgment concerns four writ petitions filed by companies engaged in sugar trading and export, challenging the cancellation of advance authorizatio...

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Gujarat High Court Allows Appeal in Motor Accident Claim Due to Incorrect Income Assessment and Deduction Ratio. Deceased's income reassessed at Rs.7000 per month with 50% future prospects and 1/3 deduction, enhancing compensation from Rs.5,30,600 to Rs.9,52,000.

The appeal arises from a motor accident claim where the deceased Thakor Khengarji died in a vehicular accident on 23.02.2017 while riding as a pillion...

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Supreme Court Sets Aside Division Bench Order Allowing Biosimilar Launch Without Biosimilarity Claim — Remands to High Court for Fresh Consideration of Interim Relief in Drug Regulatory Dispute

The Supreme Court of India heard an appeal against an interim order of the Delhi High Court Division Bench dated 18.09.2019. The dispute involved M/s ...

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Bombay High Court Dismisses Appeal Against BMC Demolition Notice Under Section 351 of MMC Act — No Interim Relief for Unauthorized Structure Occupant. Tenancy Agreement from 1962 Does Not Confer Right to Continue Occupation After Notice Under Section 351 of the Mumbai Municipal Corporation Act, 1888.

The appellant, Michael Mascarenhas, filed an appeal challenging an order dated 30.07.2016 passed by the City Civil Court, Dindoshi, Mumbai, which reje...

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Bombay High Court Grants Temporary Injunction in Trademark Infringement and Passing Off Suit — 'LIVE IN' Mark Found Deceptively Similar to 'LIVE-IN'. Phonetic and visual similarity between marks leads to injunction under Section 29(2)(b) of the Trade Marks Act, 1999.

The Plaintiff, Federal Brands Ltd., filed a trademark infringement and passing off suit against Levi Strauss India Pvt. Ltd. seeking a temporary injun...

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Bombay High Court Grants Injunction in Trademark Infringement and Passing Off Suit Over Pharmaceutical Marks OROFER and OROFER-XT vs COROFER and COROFER-XT. Court finds deceptive similarity and rejects acquiescence defense under Section 33 of Trade Marks Act, 1999.

The Plaintiff, Emcure Pharmaceuticals Ltd., filed a suit for trademark infringement and passing off against Corona Remedies Pvt. Ltd., alleging that t...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Premium Claim Under REP Circulars — Policy Change Prospective, No Vested Right to Premium on Licenses Issued Prior to Amendment.

The petitioners, Kagaz Packaging (a partnership firm) and its partner Ms. Rajul Manoj Shah, filed a writ petition in the Bombay High Court challenging...

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Bombay High Court Upholds Validity of Rule 106-B of Drugs and Cosmetics Rules, 1945 Restricting Alcohol Content in Homoeopathic Medicines. The Court held that the rule is intra vires the Drugs and Cosmetics Act, 1940 and not violative of Article 14 or Article 19(1)(g) of the Constitution.

The Petitioner, Shrikrishna Homeo Pharmacy, a partnership firm registered under the Indian Partnership Act, 1932, carries on the business of manufactu...

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Bombay High Court Dismisses Writ Petition Challenging Auction Sale Under SARFAESI Act — Alternative Remedy Under Section 17 SARFAESI Act Available. Possession Notice Defect Does Not Vitiate Auction Sale After Confirmation; Auction Purchaser's Title Upheld.

The petitioners, Janakalyan Sahakari Bank Limited and Mohanish Rajak, filed a writ petition under Article 226 of the Constitution of India challenging...