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Bombay High Court Dismisses Union of India's Petition Challenging CAT Order Barring Recovery of Excess Salary Paid Due to Employer's Error. Employer Cannot Recover Excess Payment When Employee Did Not Misrepresent and Recovery Would Cause Hardship.

The case involves a challenge by the Union of India and others against an order of the Central Administrative Tribunal (CAT) which directed the petiti...

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Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit Despite Defendant's Preliminary Objections. Plaintiff's Mark 'ESSEL' Found to Have Acquired Distinctiveness and Defendant's Use Likely to Cause Confusion.

The plaintiff, Essel Propack Ltd., filed a suit in 2010 against Essel Kitchenware Ltd. and another defendant for trademark infringement and passing of...

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High Court of Karnataka Dismisses Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Plaintiff Failed to Prove Marriage and Consequential Rights Over Suit Property; Courts Below Correctly Appreciated Evidence.

The appellant, Basangouda, filed a suit for declaration and injunction in O.S. No. 20/2006 before the Additional Civil Judge (Sr. Dn.), Raichur, claim...

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Supreme Court Upholds Tribunal and High Court Decision That Income-Tax Officer Cannot Assess Same Income Both Individually and as Unregistered Firm. Assessment of Unregistered Firm Invalid After Option Exercised to Assess Partners Under Income-tax Act, 1922, Section 23(3).

The dispute arose out of assessment proceedings for the assessment year 1954-55 involving three individuals, M, P and G, who carried on business in se...

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High Court of Bombay Allows Section 37 Appeals, Directs Inclusion of Solatium in National Highways Acquisition Awards. Omission of 30% Solatium Held to be a Computational Error Rectifiable Under Section 34 of Arbitration and Conciliation Act, 1996.

Background: The matters involved a batch of appeals under Section 37 of the Arbitration and Conciliation Act, 1996, challenging arbitral awards that d...

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Bombay High Court Considers Appeal in Trade Mark Infringement Case Where Corporate Name Used for Dissimilar Goods. Court Examines Whether Section 29(4) or 29(5) of Trade Marks Act, 1999 Applies When Registered Mark Is Part of Tradename for Unrelated Pharmaceuticals.

The appeal arose from a suit filed by Raymond Limited (plaintiff) against Raymond Pharmaceuticals Pvt. Ltd. (defendant) for trade mark infringement. T...

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Karnataka High Court Delivers Judgement in Criminal Petition No. 4606 of 2023 Under Section 482 Cr.P.C. The Court Reviews Whether Allegations of Breach of Contract and Misappropriation Constitute Criminal Offences Under IPC Sections 406, 420, and Others.

The criminal petition was filed under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the entire proceedings in C.C.No.10486/2023...