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Karnataka High Court Dharwad Bench Hears Appeal Against Permanent Injunction in Trademark Dispute Over ‘KITCHEN KING’ Brand. Trial Court Had Restrained Defendant from Using Deceptively Similar Mark and Awarded Damages.

The appeal arose from a judgment and decree dated 24.07.2017 in O.S. No.7/2012 passed by the Principal District Judge, Ballari. The plaintiff, a regis...

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Bombay High Court Dismisses State Appeal in Drugs and Cosmetics Act Case Due to Procedural Lapses. Acquittal of partners and manufacturing chemist upheld as prosecution failed to establish manufacturing link and compliance with sampling rules.

The State of Maharashtra appealed against the acquittal of four respondents (Laxmichand Nagaji Jain, Jeetendra Nagaji Jain, Chaburao Sampatrao Nagre, ...

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High Court of Karnataka Quashes Criminal Proceedings Against Drug Manufacturer for Lack of Sanction Under Section 32 of Drugs and Cosmetics Act, 1940. Prosecution for Alleged Violation of Sections 18(a)(i) and 17B(d) Held Invalid Without Prior Sanction.

The petitioners, including a pharmaceutical company and its directors/employees, challenged the criminal proceedings initiated against them in Spl.CC....

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Supreme Court Strikes Down Caste-Based Discrimination in Prison Manuals as Unconstitutional. Prison Rules Dividing Labour and Segregating Barracks by Caste Violate Articles 14, 15, 17, 21, and 23 of the Constitution.

The petitioner, Sukanya Shantha, a journalist, filed a writ petition under Article 32 of the Constitution seeking directions for the repeal of offendi...

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High Court of Judicature at Bombay Considers Challenge to Arbitral Award Under Section 34 of Arbitration Act in Commercial Dispute. Petition Involves Interpretation of Contractual Clauses Allowing Rejection of Goods After Acceptance, Contrary to Section 42 of Sale of Goods Act.

The petitioner, a manufacturing company, issued a purchase order to the respondent, a trading company, for the supply of stainless steel seamless tube...

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Bombay High Court Quashes Criminal Proceedings Against Director in Drugs and Cosmetics Act Case Due to Lack of Vicarious Liability. Non-executive director cannot be held liable under Section 34 of Drugs and Cosmetics Act, 1940 without specific averments of being in charge of business.

The applicant, Devendra Vinaykant Sheth, was original accused No. 7 in R.C.C. No. 686 of 2004 pending before the Chief Judicial Magistrate, Ahmednagar...

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Bombay High Court Upholds Acquittal in Food Adulteration Case Due to Denial of Right to Re-Analysis. Accused Acquitted as Sample Became Unfit for Analysis Under Section 13(2) of Prevention of Food Adulteration Act, 1954.

The State of Maharashtra filed three appeals against the acquittal of the accused Harishchandra Sadhuram Agarwal, a vendor and proprietor of a kirana ...