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Bombay High Court Dismisses Appeal in Trademark Infringement Suit Over 'THE ASWA' and 'ASĀVA' Marks — No Prima Facie Case for Injunction Due to Lack of Phonetic Similarity and Descriptive Nature of Mark.

The appellant, Meher Distilleries Private Limited, is the registered proprietor of the trademark 'THE ASWA' under Registration No.2716867 in Class-33 ...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court Upholds Eviction Decree on Ground of Unauthorized Subletting in Small Causes Court Appeal. Tenant's claim of club membership occupancy fails as evidence shows exclusive possession by third parties without landlord's consent.

The petitioner, Louis Lobo, was the defendant in a rent suit filed by the original plaintiffs, Mohamed Yusuf Moosa and subsequently Parasmal Keshrimal...

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Bombay High Court Dismisses Tenants' Petition Against Dismissal of Application to Set Aside Decree in Eviction Suit. Decree Passed Not Ex-Parte but Under Order XVII Rule 2 CPC, as Defendants Had Appeared Earlier and Failed to Appear at Subsequent Hearings Without Sufficient Cause.

The dispute arose from an eviction suit filed by Kshtriya Dnyati Sabha, a registered public trust under the Bombay Public Trust Act, 1950, against the...

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Bombay High Court Dismisses Appeal Against Interlocutory Injunction in Film Rights Dispute — Agreement for Commission and Overflow Payments Upheld as Prima Facie Valid.

The appeal arose from an order of a Learned Single Judge granting interlocutory relief in a suit concerning rights in the film 'Hum Hai Rahi Pyar Ke'....