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Bombay High Court Quashes Criminal Complaint Against Directors for Lack of Sanction Under Section 197 CrPC. Acts Alleged Were in Official Capacity, Making Sanction Mandatory Before Prosecution.

The applicants, Mr. Arvind Navinchandra Mafatlal and Mr. Hrishkesh Arvind Mafatlal, filed a criminal application under Section 482 of the Criminal Pro...

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Bombay High Court Dismisses Petition Seeking Physical Bid Submission in Online Tender Process. Court Holds That Government Resolution Dated 27.09.2018 Mandating Online Submission Does Not Violate Principles of Natural Justice or Arbitrary Exercise of Power.

The petitioner, M/s. AGC-SCCPL JV, a joint venture bidder, filed a writ petition before the Bombay High Court at Aurangabad seeking a direction to the...

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WRIT PETITION NO.5186 OF 2001

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Bombay High Court Dismisses Appeal in Section 9 Arbitration Application Due to Lack of Party Identity with Arbitration Agreement. Joint Venture Agreement's Arbitration Clause Does Not Bind Non-Signatory Respondents as They Are Not Parties to the Agreement.

The appeal was filed against the judgment and order dated 2 July 2014 of the learned Single Judge in Arbitration Petition No.66 of 2014, which dismiss...

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Bombay High Court Dismisses Writ Petition Challenging Auction Sale Under SARFAESI Act — Petitioner Failed to Deposit 25% of Sale Price. Condition Precedent Under Rule 9(3) of Security Interest (Enforcement) Rules, 2002 Not Fulfilled, and Alternative Remedy Under Section 17 of SARFAESI Act Available.

The petitioner, an individual aged about 70 years, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court c...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'Café Madras' Restaurant Name. The mark 'Café Madras' held to be inherently distinctive and entitled to protection against use by a subsequent restaurant of the same name.

The plaintiffs, the Kamath family, have been running a restaurant named 'Café Madras' in Matunga, Mumbai since 1938. The restaurant has acquired a re...

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Bombay High Court Dismisses Petition by Employer Challenging Industrial Court's Order Granting Permanency to Contract Labourers. Employer-Employee Relationship Established Despite Contractor Deployment Under MRTU and PULP Act, 1971.

The petitioner, M/s Uni Klinger Ltd., challenged the judgment of the Industrial Court, Ahmednagar dated 28.08.2003, which allowed complaints filed by ...

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Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit Despite Defendant's Preliminary Objections. Plaintiff's Mark 'ESSEL' Found to Have Acquired Distinctiveness and Defendant's Use Likely to Cause Confusion.

The plaintiff, Essel Propack Ltd., filed a suit in 2010 against Essel Kitchenware Ltd. and another defendant for trademark infringement and passing of...