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Bombay High Court Grants Permanent Injunction in Trademark Infringement Suit: Sun Pharma's 'SUN' Mark Protected Against 'ABSUN'. Deceptive similarity established as dominant feature 'SUN' is common; addition of prefix 'AB' insufficient to distinguish under Section 29(2)(b) of Trade Marks Act, 1999.

The plaintiff, Sun Pharmaceutical Industries Ltd., filed a suit seeking a permanent injunction to restrain the defendant, Satej M. Katekar, proprietor...

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Madras High Court Dismisses Petitioner's Writ for Refund of Excess Hoarding Fees Due to Disputed Facts. Claim for Refund Under Contracts Not Maintainable in Writ Jurisdiction, Must Be Adjudicated by Civil Court.

The matter involved a writ petition filed by M/s. Diamond Publicities, a proprietorship concern, seeking a writ of mandamus to direct the Greater Chen...

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Supreme Court Allows Appeal in Part in Foreign Currency Arbitral Award Enforcement Case. Twin Principles Laid Down: Date of Enforceability for General Conversion, Date of Deposit for Amounts Deposited in Court.

The Supreme Court addressed the issue of the correct date for converting a foreign currency arbitral award into Indian rupees for enforcement. The app...

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Bombay High Court Dismisses Plaintiffs' Suit for License Fee and Compensation, Allows Defendant's Counter-Claim for Losses Due to Suppression of No Development Zone Status. Plaintiffs held liable for fraudulent misrepresentation regarding land use, entitling Defendant to damages for demolished tower.

The plaintiffs, owners of a larger property in Madh, Malad, Mumbai, entered into a leave and license agreement with the defendant, a telecom company, ...

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Bombay High Court Allows Appeal in Specific Performance Suit — Upholds Appellate Court's Dismissal of Suit. Court holds that plaintiff failed to prove agreement and readiness and willingness, and suit was barred by limitation under Article 54 of Limitation Act, 1963.

The appeal arises from a suit for specific performance of an agreement for sale of immovable property. The plaintiff, Manoj Manilal Gala (appellant), ...

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Bombay High Court Dismisses Retired Railway Employee's Petition for Transfer of Quarters to Son. Transfer of Railway Quarters from Retiring Employee to Son is Not a Matter of Right but Subject to Administrative Policy and Availability.

The petitioner, A.M. Attar, was a guard in the Central Railway who retired on 28 February 1997. He was allotted railway quarters at Byculla, Mumbai. H...