Search Results for "substantial damage"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "substantial damage"

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High Court

Bombay High Court Grants Injunction Against 'ULTRA TUFF' Cement for Infringing 'ULTRATECH CEMENT' Trademark and Passing Off. The court held that the mark 'ULTRA TUFF' is deceptively similar to the registered trademark 'ULTRATECH CEMENT The Engineer's Choice' under Section 29 of the Trade Marks Act, 1999, and restrained the defendants from using the mark.

28 Jun 2011

The plaintiff, Ultra Tech Cement Limited, filed a suit alleging that the defendants, Alaknanda Cement Pvt. Ltd. and another, were infringing its regis...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Eviction Orders Under Goa Rent Control Act. Petitioner's Application to Set Aside Ex-Parte Eviction Order Rejected Due to Lack of Sufficient Cause for Non-Appearance.

2 Dec 2011

The petitioner, Jaiprakash Chintaman Sardessai, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court at G...

High Court

Bombay High Court Allows Arbitration Application Despite Accord and Satisfaction Defence in Insurance Claim Dispute. Court Appoints Arbitrator to Decide Whether Full and Final Settlement Receipt Was Obtained Under Coercion.

3 Aug 2012

The applicant, Vishwa Paper Mills (a division of Yog Industries Ltd.), filed an application under Section 11(6) of the Arbitration and Conciliation Ac...

High Court

Bombay High Court Upholds Injunction Against Videocon for Infringing Whirlpool's Registered Washing Machine Designs Under Designs Act, 2000. The court found that Videocon's washing machine was identical in shape and configuration to Whirlpool's registered designs, and the designs were novel and not prior published.

13 Aug 2012

The respondent, M/s Whirlpool of India Limited, filed a suit against the appellant, M/s Videocon Industries Limited, alleging infringement of its regi...

High Court

Bombay High Court Quashes Restriction Order Against Foreign National in Fatal Accident Case — Para 11(2) of Foreigners Orders, 1948 Cannot Be Used to Impose Bail-Like Conditions After Grant of Bail. The restriction order requiring the petitioner to remain within Greater Mumbai during trial was set aside as it amounted to an additional condition not warranted under the Foreigners Orders.

14 Sep 2012

The petitioner, Nooria Y. Haveliwala, a foreign national, was involved in a motor accident on 22nd February 2010 that resulted in the death of PSI Shi...

High Court

Bombay High Court Dismisses Petition to Restrain Invocation of Bank Guarantee in Airport Development Contract Dispute. Court holds that bank guarantee is an independent contract and can be invoked only in case of breach, but no prima facie case of fraud or irretrievable injustice established.

29 Nov 2012

The petitioner, Housing Development and Infrastructure Limited (HDIL), filed an arbitration petition under Section 9 of the Arbitration and Conciliati...

High Court

Bombay High Court Dismisses Writ Petition Challenging Injunction in Electricity Act Dispute — LILO Scheme Not a 'Works' Under Section 164. Court holds that LILO scheme does not constitute 'laying of electric lines' under Section 164 of the Electricity Act, 2003, and that the District Judge correctly upheld the injunction against the petitioner.

9 Jan 2019

The petitioner, Century Rayon Limited, challenged an order dated 28 June 2018 passed by the learned District Judge-4, Kalyan, dismissing its Miscellan...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Construction Contract Dispute — Upholds Claims for Reimbursement and Infructuous Expenses but Sets Aside Award for Loss of Profits as Unsupported by Evidence. The court held that loss of profits cannot be awarded without proof of actual loss and that the contractor failed to discharge its burden.

22 Jan 2019

The Municipal Corporation of Greater Bombay (MCGM) challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The di...

High Court

Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

1 Mar 2019

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

High Court

Bombay High Court Quashes CBDT Action Plan Points System for Tax Recovery as Arbitrary and Unconstitutional. The court struck down the system of awarding points to Income Tax Officers for achieving tax recovery targets, holding it ultra vires the Income Tax Act, 1961 and violative of Article 14 of the Constitution.

11 Apr 2019

The Bombay High Court, in a judgment dated 11th April 2019, dealt with two petitions challenging a portion of the Central Action Plan for the financia...

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