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High Court of Bombay Finds Industrial Court's Order Erroneous for Reading Unproved Consent Certificate Under Section 28(1A) of Trade Union Act. Failure to Prove Consent Certificate as Required by Section 28(1A) of Trade Union Act, 1926 Renders Industrial Court Proceeding Without Jurisdiction.

The petitioner, Arun Asatkar, was a member of the Nagpur Union of Working Journalists since 1978 and worked at Lokmat newspaper. A dispute arose regar...

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Bombay High Court Dismisses Monsanto's Petition on Seed Supply as Sale, Allows Subway's Petition on Franchise as Service. Court Holds That Impregnated Seed Supply is Sale of Goods Under Maharashtra Value Added Tax Act, 2002, While Franchise Agreement is Not a Deemed Sale of Intellectual Property Rights.

The Bombay High Court adjudicated two writ petitions tagged together, raising the common issue of whether certain transactions were liable to service ...

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Bombay High Court Grants Interim Injunction to Plaintiff in Trademark Infringement and Passing Off Case. The court restrained the defendant from using deceptively similar 'PRINCE' and crown device marks for PVC pipes, finding a strong prima facie case of infringement and passing off.

The plaintiff, Prince Pipes and Fittings Ltd., a Mumbai-based company, has been using the mark 'PRINCE' and a 'crown device' since 1987 for manufactur...

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Bombay High Court Upholds Tax on Hire Purchase Components Under Bombay Sales Tax Act — Option Money, Insurance, and Hire Premium Included in Sale Price. Hire Purchase Transaction Constitutes a Sale and Resale Deduction Under Section 8 Not Available.

The case involves two sales tax references under the Bombay Sales Tax Act, 1959, arising from the Maharashtra Sales Tax Tribunal. The applicant, M/s. ...

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Bombay High Court Grants Temporary Injunction Against Defendant in Trademark Infringement and Passing Off Case. Plaintiff's Registered Mark 'RISO' for Rice Bran Oil Protected Against Deceptively Similar Mark 'RISOLITE' Under Trade Marks Act, 1999.

The Plaintiff, Kamani Oil Industries Pvt. Ltd., filed a suit against Bhuwaneshwar Refineries Pvt. Ltd. seeking a perpetual injunction for trademark in...

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Supreme Court Allows Assessee's Appeals; Profits from Sale of Gold and Shares Held Capital Receipts Not Taxable as Income. Court Rules Transactions Were Realisation of Investment, Not Adventures in Nature of Trade, and High Court Erred in Treating Tribunal's Finding as Unreviewable Fact.

The appeals arose from references under Section 66(2) of the Income Tax Act, 1922 concerning the assessee, a large landholder, who had inherited subst...

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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...