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Bombay High Court Dismisses Injunction in Trademark Infringement and Passing Off Suit — No Deceptive Similarity Between 'Palm Grove' and 'Royal Palms' Hotels. Plaintiff's use of 'Palm Grove' always in combination with 'Ramada' and delay disentitled it to interim relief.

The Plaintiff, Palm Grove Beach Hotels Pvt. Ltd., owned and operated a mid-range hotel in Juhu, Mumbai, under the name 'Ramada Plaza Palm Grove' (prev...

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Gujarat High Court Dismisses Appeals by District Panchayat in Failed Sterilization Cases, Upholds Compensation for Unwanted Child. Negligence in Tubectomy Operation Leads to Liability for Maintenance of Child Born After Failed Procedure.

The case involves three Second Appeals filed by the Patan District Panchayat and others against a common judgment of the Appellate Court in a suit for...

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Bombay High Court Allows Appeals Against Arrest of Vessel in Cargo Damage Claim — Maritime Lien Not Established. Bill of Lading Claim Does Not Give Rise to Maritime Lien; Owner Not Liable Due to Demise Clause.

The case involves three appeals filed against an order of a learned single Judge of the Bombay High Court in Admiralty Suit No.27 of 1999. The suit wa...

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Municipal Corporation of Greater Mumbai Challenges Human Rights Commission's Order in Road Accident Case -- High Court Quashes Commission's Recommendations as Exceeding Jurisdiction Under Protection of Human Rights Act

The Municipal Corporation of Greater Mumbai filed a writ petition challenging the order of Maharashtra State Human Rights Commission dated 19/1/2018 i...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Insurance Company's Appeal Dismissed. Claimants awarded enhanced compensation for death of breadwinner under Motor Vehicles Act, 1988, with future prospects and multiplier applied correctly.

The case arises from a motor accident claim petition filed by the legal representatives of S.B. Yeshwant, who died in a road accident on 19.08.2018. T...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantor's Property — Maintains That Guarantor Is a 'Borrower' Under Section 2(1)(f) of SARFAESI Act and That Writ Jurisdiction Is Not Available When Alternative Statutory Remedy Exists Under Section 17 of SARFAESI Act.

The petitioner, Mr. Latif Yusuf Manikkoth, filed a writ petition before the Bombay High Court challenging the possession notice issued by the Bank of ...

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Supreme Court Dismisses Lessee's Claim for Damages in Wild Life Sanctuary Case — No Right to Compensation Without Acquisition. Notification Under Section 18 of Wild Life (Protection) Act, 1972 Does Not Confer Right to Damages for Loss of Use.

The Supreme Court dismissed the appeal filed by M/s Natesan Agencies (Plantations), a partnership firm, against the judgment of the Madras High Court ...

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Bombay High Court Awards Compensation to Widow and Children for Death of Patient in Mental Hospital Due to Negligence. State Held Vicariously Liable for Failure to Provide Adequate Staff and Security at Yerwada Mental Hospital.

The petitioners, the widow and two children of a deceased man, filed a writ petition seeking compensation from the State of Maharashtra and its office...

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of Pillion Rider Due to Negligent Driving. Court Confirms That Medical Expenses Incurred for Treatment of Injured Claimant Who Later Died Are Recoverable Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 03.02.2019 involving a motorcycle (GJ-12-AV-2141) and a dumper (GJ-12-AZ-7755). The dumper, driven rashly and...