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Bombay High Court Considers Application to Vacate Ex Parte Ad Interim Injunction in Trade Mark Infringement Suit. Allegations of Suppression of Material Facts Including Limitation of Registration in Class 25 and Prior User Evidence Are Examined.

The dispute arose from a Commercial Suit for trade mark infringement and passing off filed by Shoban Salim Thakur, sole proprietor of M/s. Family Foot...

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Bombay High Court Dismisses Writ Petitions Seeking Stay of By-Election for Municipal Ward No. 81 Pending Election Petition. By-Election Notification Upheld as Scheme of Mumbai Municipal Corporation Act, 1888 Does Not Require Staying Casual Vacancy Filling Despite Pending Challenge Under Section 33(2).

The Bombay High Court heard a group of four writ petitions filed by voters and rival candidates from Ward No. 81 of the Municipal Corporation of Great...

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Bombay High Court Dismisses Interim Application Seeking Section 340 CrPC Proceedings in Slum Rehabilitation Dispute for Alleged Fabrication of MHADA Affidavit. Court Finds Affidavit Was Authentic, E-filed Under Administrative Directions, and Served on All Parties, Negating Claim of Fraud on Court.

The case involved two writ petitions challenging a slum rehabilitation scheme on MHADA land in Bandra East, Mumbai. The petitioners claimed to be MHAD...

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Bombay High Court Hears Batch of Petitions by Retailers and Others Challenging Service Tax on Renting of Immovable Property. The levy of service tax on renting was contested under the Finance Act, 1994, Sections 65–66, on constitutional grounds.

The judgment, delivered orally on August 4, 2011, by a Division Bench of the Bombay High Court comprising Dr. D.Y. Chandrachud and Anoop V. Mohta, JJ....

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Protecting Consumer Clarity in Pharmaceutical Markets

The case involves a dispute over trademark infringement between the plaintiff's "ZITA-MET" and the defendant's "XIGAMET" in the pharmaceutical sector....

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Supreme Court Allows Appeal of Complainant in Life Insurance Claim Repudiation Case — Insurer Failed to Prove Suppression of Material Facts. Non-disclosure of existing policies not established by documentary evidence; burden of proof under Section 45 Insurance Act, 1938 not discharged.

The present civil appeal arises from the repudiation of life insurance claims by Future Generali India Life Insurance Company Limited. The appellant, ...

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Bombay High Court Dismisses Tenant's Writ Petition Challenging Eviction Decree for Rent Default. Tenant Failed to Pay Rent for Over a Decade, No Dispute as to Standard Rent or Permitted Increases, Case Falls Under Section 12(3)(a) of Bombay Rent Act.

The dispute pertains to a suit for eviction filed by the landlady, Mrs. Kusum Pandurang Keni, against the tenant, Sudhir Kumar Sengupta (since decease...

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Bombay High Court Acquits Accused in Assault on Public Servant Case Due to Material Contradictions in Witness Testimony. Conviction under Section 332 IPC set aside as prosecution witnesses gave conflicting accounts of who landed the fist blow, rendering them unreliable.

The case arises from a criminal revision application challenging the conviction of Azharali Jaferali Qureshi (the applicant) under Section 332 read wi...

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Bombay High Court Allows Petition and Declares Land Acquisition Lapsed Under Section 11A of Land Acquisition Act, 1894 Due to Non-Compliance with Time Limit. Award Excluding Subject Lands and Subsequent Inaction for Over Two Decades Leads to Lapsing of Acquisition Proceedings.

The petitioners, legal heirs of the original landowner Laxman Mahadev Katkar, challenged the land acquisition proceedings initiated by the State of Ma...