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Bombay High Court Partially Sets Aside Arbitral Award in Breach of Contract Dispute — Payment Direction Inconsistent with Findings. Court holds that an arbitral tribunal cannot grant relief contrary to its own findings on merits, applying Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Hersheys India Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral awa...

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Bombay High Court Allows Appeal in Trademark Infringement Case — Restrains Use of 'SAMRAT' Mark for Atta. Registered proprietor of 'SAMRAT' mark in Class 30 entitled to interim injunction against phonetically identical mark for similar goods under Trade Marks Act, 1999.

The appellant, Prakash Agro Industries Ltd., a company engaged in manufacturing and marketing food products including besan, pulses, wheat flour, and ...

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Bombay High Court Dismisses Challenge to Arbitral Award in Leave and License Dispute — Petitioner's Breach of Agreement Upheld. Arbitrator's Award of Rs. 90 Lakhs Damages with Interest Not Patently Illegal Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Ropa Plastics Private Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral a...

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Bombay High Court Dismisses Plaintiff's Trademark Infringement Suit for ANTITHYROX and THYROX Against Defendant's LETHYROX. No deceptive similarity found as prefix 'LE' distinguishes marks and THYROX is descriptive of thyroid treatment.

The Plaintiff, Macleods Pharmaceuticals Limited, filed a suit against Intas Pharmaceuticals Ltd. and another for infringement of their registered trad...

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Bombay High Court Allows Accused's Petition to Recall Complainant for Cross-Examination in Cheque Dishonour Case. Magistrate's Rejection of Section 311 CrPC Application Set Aside as Failure to Exercise Jurisdiction.

The petitioner, Shankar s/o Nathuji Khandare, was the original accused in S.C.C. No. 5305/2009 filed by respondent no.2, APT Packaging Limited, under ...

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Bombay High Court Quashes Circulars Including Dealer's PDI and Free After-Sales Service Costs in Assessable Value of Vehicles — Circulars Held Ultra Vires Section 4 of Central Excise Act, 1944.

The petitioner, M/s. Tata Motors Ltd., a manufacturer of vehicles, challenged clause 7 of Circular No. 643/34/2002CX dated 1st July, 2002 and Circular...

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Bombay High Court Dismisses Appeal of Tenant Seeking Alternate Accommodation After Demolition for Road Widening — No Statutory Right to Alternate Site Under Municipal Law.

The appellant, M/s Quality Printing Press, was a tenant running a printing and packaging business in a structure at Sunrise Estate, Kurla West, Mumbai...

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Bombay High Court Dismisses Writ Petitions Challenging Rejection of Bids in Tender Process for Supply of Medical Equipment. Court upholds rejection of bids as non-responsive for not meeting essential condition of being Original Equipment Manufacturer or authorized representative.

The petitioner, Larsen & Toubro Limited, filed two writ petitions challenging the rejection of their bids by the State of Maharashtra and the Project ...

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Bombay High Court Dismisses Petitions Challenging Service Tax on Renting of Immovable Property for Warehousing and Storage. Levy of Service Tax Under Section 65(105)(zzzz) of Finance Act, 1994 on Renting of Immovable Property for Commercial Use is Valid and Constitutional.

The petitioners, including Tulsidas Khimji Warehousing Pvt. Ltd. and others, filed writ petitions challenging the levy of service tax on renting of im...