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Supreme Court Considers Scope of Section 45 of Arbitration and Conciliation Act in International Commercial Disputes. Multiple Issues Framed on Reference to Arbitration in Multi-Party Joint Venture Agreements.

The dispute arose from a series of joint venture and ancillary agreements executed between Indian company Chloro Controls (I) P. Ltd. and foreign coll...

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WRIT PETITION NO.853 OF 2012

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Bombay High Court Grants Permanent Injunction in Trademark Infringement Suit: Sun Pharma's 'SUN' Mark Protected Against 'ABSUN'. Deceptive similarity established as dominant feature 'SUN' is common; addition of prefix 'AB' insufficient to distinguish under Section 29(2)(b) of Trade Marks Act, 1999.

The plaintiff, Sun Pharmaceutical Industries Ltd., filed a suit seeking a permanent injunction to restrain the defendant, Satej M. Katekar, proprietor...

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Bombay High Court Hears Appeal Under Section 37 of Arbitration Act Challenging Arbitral Award. Dispute Related to Charter Hire Agreement for Offshore Drilling, Involving Claims for Lost Equipment, Day Rates, and Demobilisation Fees.

The Bombay High Court considered an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Oil and Natural Gas Corporation Lt...

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Bombay High Court Dismisses Petition Challenging Labour Welfare Fund Cess as Unconstitutional. Levy under Maharashtra Labour Welfare Fund Act, 1953 held to be a fee for services rendered, not a tax, and validly imposed on establishments including those with contract labour.

The petitioner, Mohan Dhotre, a resident of Mumbai, filed a writ petition challenging the constitutional validity of the levy under the Maharashtra La...

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Bombay High Court Dismisses Airport Operator's Challenge to Customs Regulation Requiring Bill of Entry for Export Goods. Regulation 5(2) of Handling of Cargo in Customs Areas Regulations, 2009 Held Intra Vires Customs Act, 1962 and Constitutional.

The petitioner, M/s. Mumbai International Airport Private Ltd., filed two writ petitions challenging the validity of Regulation 5(2) of the Handling o...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Rejection of Petition Under Section 163A MV Act — Claimants Entitled to Compensation as Per Structured Formula Despite Alleged Contributory Negligence.

The appellants, Ashabai, Seema, and Umesh, are the legal representatives of the deceased Kalyan Kothi. They filed a claim petition under Section 163A ...