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Bombay High Court Allows Appeal in Trademark Infringement Case — Parksons Cartamundi Pvt. Ltd. v. Suresh Kumar Jasraj Burad. The court found that the marks 'MERELANE' and 'MARICELL' are deceptively similar and granted an interim injunction restraining the defendant from using the mark 'MARICELL'.

The appellant, Parksons Cartamundi Pvt. Ltd., filed a suit for infringement of its registered trademark 'MERELANE' and for passing off against the res...

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Bombay High Court Allows Petition, Sets Aside Order 9 Rule 13 CPC Restoration in Specific Performance Suit. Defendant Failed to Show Sufficient Cause for Non-Appearance Despite Knowledge of Proceedings.

The petitioner, Hemant Ganeshprasad Jaiswal, filed a suit for specific performance of an agreement for sale dated 6.2.2006 against the respondent, Mur...

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Bombay High Court Dismisses Writ Petition Challenging Slum Rehabilitation Scheme Under DCR 33(10) — Scheme Substantially Implemented, No Interference Warranted. Petitioners Failed to Establish Locus Standi or Eligibility, and the Scheme Had Progressed to Construction Stage.

The case involves a writ petition filed by twenty-one persons claiming to be occupants of a slum known as Meer Hussain Tangewala Chawl on land owned b...

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Bombay High Court Quashes Remand Orders by POTA Special Judge for Lack of Jurisdiction Under Section 167 CrPC. Special Judge Appointed Under Section 23(4) of POTA Cannot Exercise Magisterial Powers of Remand.

The petitioner, Saquib Abdul Hamid Nachan, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India before the Bombay Hi...

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Bombay High Court Dismisses Application to Strike Off Defence in Foreign Award Enforcement Proceedings. Security Deposit Condition Not a Bar to Defend Petition on Merits Under Order 39 Rule 11 CPC and Section 49 of Arbitration and Conciliation Act, 1996.

The petitioners, Pacific Basin Handymax (UK) Ltd., filed a Notice of Motion under Order 39 Rule 11 of the Code of Civil Procedure, 1908, seeking to st...

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Bombay High Court Dismisses Writ Petitions Challenging Mutation Entry in Property Dispute — Petitioners Failed to Establish Title or Possession. Court Held That Mutation Entries Do Not Confer Title and That Civil Suit Is Appropriate Remedy for Title Disputes.

The judgment pertains to a group of writ petitions filed by members of the Shirole family challenging a mutation entry in the revenue records of a pro...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Bombay High Court Dismisses Petition Challenging Professor Selection in Marathi Department. Court Upholds Selection Committee's Discretion in Assessing API Scores and Interview Performance, Affirms Appellate Authority's Order Under Section 76(7) of Maharashtra Universities Act, 1994.

The petitioner, Dr. Pramod Munghate, challenged the selection and appointment of respondent No.3 as Professor in Marathi at the University of Mumbai. ...

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Bombay High Court Dismisses Husband's Application for Perjury Proceedings Against Wife in Family Court Appeal. False statements in pleadings alone do not warrant prosecution under Section 340 Cr.P.C. without proof of intentional falsehood and necessity for prosecution.

The applicant, Dr. Santosh Chandrashekar Shetty (husband), filed a Civil Application under Section 340 of the Code of Criminal Procedure, 1973, seekin...