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Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

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Bombay High Court Dismisses Appeal Against Injunction in Trademark Infringement Case. 'ULTRATUFF' Held Deceptively Similar to 'ULTRATECH CEMENT' Under Trade Marks Act, 1999.

The respondent-plaintiff, Ultratech Cement Limited, filed a suit for trademark infringement and passing off against the appellants-defendants, Alaknan...

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Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

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Bombay High Court Dismisses Interim Injunction in Trademark Infringement Suit Over 'MAUJ' vs 'MOJ' — No Deceptive Similarity Found. Phonetic and structural comparison of marks 'MAUJ' and 'MOJ' held not deceptively similar; plaintiff failed to establish prima facie case for interim relief.

The plaintiff, Mauj Mobile Private Limited, filed a commercial IP suit alleging infringement of its registered trademark 'MAUJ' (registered in Classes...

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Bombay High Court Dismisses Suit by Condominium Against Developer for Declaration of Rights Over Adjoining Plots as Barred by Limitation. Claims for Easement and Right of Way Held Time-Barred Under Articles 25, 65, and 113 of Limitation Act, 1963.

The Plaintiffs, Beach Towers Condominium and its President, filed a suit in 2012 seeking declarations that they have a right of way and easement over ...

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Bombay High Court Dismisses Admiralty Suit for Suppression of Facts and Abuse of Process — Arrest of Vessel Set Aside with Return of Security. Plaintiff suppressed filing of proceedings in Hong Kong and China, leading to dismissal of suit and release of security.

The plaintiff, Sinoriches Enterprises Co. Ltd., filed Admiralty Suit No.76 of 2011 in the Bombay High Court seeking a decree and arrest of the vessel ...

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Bombay High Court Grants Interim Injunction Against Former Employees and Transporter for Design Infringement and Passing Off of Copper Tubes. Registered Designs under Designs Act, 2000 held valid and infringed by identical products.

The plaintiff, Mandev Tubes Pvt Ltd, a manufacturer of copper tubes since 1964 with an annual turnover of Rs. 11 crores, filed a suit alleging design ...

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Bombay High Court Considers Application for Appointment of Receiver in Partition Suit. Notice of Motion Seeks Interim Relief for Joint Family Properties Allegedly Misappropriated by Co-Owners.

The plaintiff filed a suit for declaration that he is entitled to a 1/10th share in the assets and properties of the joint family and for partition by...

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Supreme Court Dismisses Appeal in Bank Account Suit — Plaint Rejected as Barred by Limitation Under Article 113 of Limitation Act, 1963. Exchange of Correspondence Cannot Extend Limitation Once Right to Sue Accrues.

The appellant, Shakti Bhog Food Industries Ltd., filed a civil suit in 2005 against the Central Bank of India and another respondent seeking a decree ...