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Bombay High Court Dismisses Union's Petition Challenging Tribunal's Order on Scope of Reference. The Industrial Tribunal correctly held that the transfer of employees issue was beyond the scope of the reference under Section 10 of the Industrial Disputes Act, 1947.

The petitioner, VIP Industries Shramik Sangh, a registered trade union, filed a writ petition under Articles 226 and 227 of the Constitution of India ...

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Bombay High Court Dismisses Appeal by Municipal Corporation in Demolition Notice Case. Court holds that demolition notices under Section 351 of the Mumbai Municipal Corporation Act, 1888 require prior show-cause notice and opportunity of hearing, upholding trial court's order setting aside notices.

The Municipal Corporation of Greater Mumbai (appellant) filed an appeal against an order of the City Civil Court, Mumbai, which set aside demolition n...

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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 Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...

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High Court of Bombay at Nagpur Bench Dismisses Writ Petition Challenging Setting Aside of Ex Parte Decree in Recovery Suit. Trial Court's Discretionary Order to Allow Defendant to File Written Statement on Payment of Costs Upheld Under Order 9 Rule 7 CPC.

The petitioner, Dr. Sujitnath Banerjee, filed a suit for recovery of Rs.2,32,62,249/- against the respondents. The defendants were served but failed t...

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Bombay High Court Dismisses Arbitration Petitions for Enforcement of Foreign Awards Due to Non-Compliance with Section 47 of the Arbitration and Conciliation Act, 1996 — Failure to Produce Original or Certified Copies of Arbitration Agreement and Award Renders Petitions Not Maintainable.

The judgment concerns two arbitration petitions filed by Armada (Singapore) Pte. Ltd. against Ashapura Minechem Ltd. seeking enforcement of foreign aw...

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Bombay High Court Grants Injunction Against Defendant for Infringing Registered Trade Mark 'Indian Express' in Devnagari Script. The Court held that use of the mark in Devnagari script constitutes infringement and passing off, rejecting the defence of honest concurrent use.

The Plaintiffs, The Indian Express Limited and Indian Express Newspapers (Mumbai) Ltd., are the owners and proprietors of the well-known 'Indian Expre...

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Bombay High Court Dismisses Copyright Infringement Suit Against Film 'Baaghi' — No Substantial Similarity Found Between Plaintiffs' and Defendants' Works. The court held that similarities were at the level of general ideas, not protectable expression under the Copyright Act, 1957.

The Plaintiffs, XYZ Films LLC, PT Merantau Films, and Sikhya Entertainment Private Limited, filed a copyright infringement suit against UTV Motion Pic...