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Supreme Court Hears Appeals on Forum for Trial in SEBI Act Cases — Retrospective Application of 2002 and 2014 Amendments Disputed. Court Considers Whether Change from Magistrate to Sessions Court and Subsequent Special Courts Affects Pre‑2002 Offences Still Pending.

This batch of appeals and petitions before the Supreme Court concerned the proper forum for trial of offences under the Securities and Exchange Board ...

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Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...

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Bombay High Court Dismisses Appeal in Suit for Specific Performance — Limitation Bar Not Decided at Plaint Stage. Question of limitation is a mixed question of law and fact requiring trial under Order 7 Rule 11(d) CPC.

The present appeal arises from a suit filed by the predecessor of respondent Nos. 1(i) to 1(iii) (the plaintiff) against the appellants (defendants) s...

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Bombay High Court Grants Permanent Injunction in Trademark Infringement and Passing Off Suit. Defendant's marks 'Ultraplus Cement', 'Ultra HiTouch', and 'UltraPower' held deceptively similar to registered 'UltraTech' marks under Section 29 of the Trade Marks Act, 1999.

The plaintiffs, UltraTech Cement Limited and another, filed a commercial IP suit seeking a permanent injunction to restrain the defendant, M/s. Shiv C...

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Bombay High Court Allows Pharmacy College and Students' Petitions Against Pharmacy Council of India's Refusal to Grant Approval for D. Pharm Course. Court holds that AICTE approval is sufficient for conducting D. Pharm course and PCI cannot refuse approval solely on ground of lack of its own approval.

The judgment involves two writ petitions: one by a pharmacy college (Shri Bhairavnath Nisarga Mandal's College of Pharmacy) and another by students an...

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Bombay High Court Quashes FIR and Orders Compensation for Unauthorized Sealing of Cable Network Control Room — Police Action Without Statutory Authority Violates Fundamental Rights Under Article 19(1)(g) of Constitution of India.

The petitioners, a partnership firm running a cable television network under the name U.S.A. Cable Networks and its members, filed a writ petition und...

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Bombay High Court Dismisses Suit for Lack of Jurisdiction in Trademark Infringement Case Involving Lions Club International. Court holds that no part of cause of action arose within its territorial jurisdiction under Section 9A of CPC as amended for Maharashtra.

The plaintiff, International Association of Lions Club (Lions Club International), filed a suit in the Bombay High Court seeking a perpetual injunctio...

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Bombay High Court Dismisses Suit for Lack of Jurisdiction in Trademark Infringement Case Involving Lions Club International. Court holds that no part of cause of action arose within its territorial jurisdiction under Section 9A of CPC as amended for Maharashtra.

The plaintiff, International Association of Lions Club, filed a suit in the Bombay High Court seeking a perpetual injunction restraining the defendant...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over HAMON Mark. Plaintiff's registered trademark 'HAMON' found to be infringed by Defendant's use of 'HAMON COOLING' and 'HCS HAMON COOLING' in trade and corporate name.

The Plaintiff, John Cockerill Hamon SA, filed a Commercial IP Suit alleging infringement and passing off of its registered trademark 'HAMON' by the De...