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Bombay High Court Grants Interim Injunction Against Trademark Infringement in Favor of Plaintiff. Passing Off Claim Deferred Due to Pending Rectification Proceedings Under Section 124 of Trade Marks Act, 1999.

The plaintiffs, Hem Corporation Pvt. Ltd. and three individuals (erstwhile partners of a firm), filed a suit for trademark infringement and passing of...

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Bombay High Court Allows Appeal in ESI Act Case — Establishes Separate Entities Not Functionally Interconnected. Functional Interconnectivity Test Under Section 75(1)(g) of ESI Act, 1948 Requires Common Supervision, Finance, and Labour; Mere Common Partners Insufficient.

The appellant, M/s. New Power Supply, a partnership concern engaged in manufacturing and repairing power transformers, filed an appeal against the jud...

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Bombay High Court Dismisses Writ Petitions Challenging Cooperative Society Registration and Minister's Order — Upholds Validity of Registration Under Maharashtra Cooperative Societies Act, 1960. Petitioners lacked locus standi and alternative remedy was available, hence writ petitions not maintainable.

The judgment pertains to two writ petitions filed by cooperative housing societies and their members challenging the registration of another cooperati...

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Bombay High Court Dismisses Petition Challenging Recall of Fair Price Shop License Transfer. Transfer of License Through Partnership Deed While Licensee Alive Held Indirect and Prohibited Under Government Policy.

The petitioner, Gulabsingh Gopichand Chavan, filed a writ petition challenging an order passed by the Minister for Food, Civil Supplies and Consumer P...

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Bombay High Court Grants Injunction in Trademark Infringement and Passing Off Suit Over 'BADEMIYA' Mark. Plaintiffs' registered trademarks 'BADEMIYA'S' and 'BADEMIYA' in Classes 29 and 42 are infringed by defendant's use of 'BADEMIYAN' for similar food business.

The plaintiffs, a partnership firm and its partners, filed a suit for trademark infringement and passing off against the defendant. The plaintiffs' bu...

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Bombay High Court Pronounced Judgment on Writ Petition Against Refusal of Stamp Duty Refund Under Maharashtra Stamp Act, 1958. Limitation Dispute Under Section 48(3) Due to Correction of Applicant's Name Beyond Six Months.

The writ petition was filed by Freedom City Ventures, a partnership firm, seeking to quash the order dated 21st June 2014 passed by the Inspector Gene...

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Bombay High Court Considers Interim Injunction in Trade Mark Passing Off Dispute Involving 'Ajanta' Toothpaste. The Court Examines Claims of Prior Use Where Plaintiffs Alleged Sales from June 2002 and Defendants from December 2002.

Background: The dispute concerned the use of the trade mark 'Ajanta' for toothpaste. The plaintiffs claimed to be prior users of the mark for non-medi...

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Bombay High Court Allows Partition Suit in Joint Hindu Family Property Dispute — Upholds Trial Court and First Appellate Court Decrees. The court held that the plaintiff proved the existence of joint family business and properties, and the suit was not barred by limitation or res judicata.

The case involves a dispute over partition of Joint Hindu Family properties. The plaintiff, Premsukh, filed a suit for partition and separate possessi...