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Bombay High Court Upholds Removal of Peon for Habitual Absence in Disciplinary Proceedings. Administrative Appeal Dismissed as Petitioner Failed to Show Sufficient Cause for Absence and Disobeyed Transfer Orders.

The petitioner, Vikas Sureshrao Waghmare, was appointed as a Peon in the District Court, Ahmednagar on 11.10.2001 and was made permanent from 18.04.20...

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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Criminal Intent. Complaint under Section 338 IPC fails as essential ingredients of grievous hurt by rash or negligent act not established without expert evidence.

The petitioner, a practicing ophthalmologist, challenged the judgment of the Additional Sessions Judge, Pune, which upheld the Magistrate's order issu...

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Bombay High Court Upholds Tribunal's Finding of Export Sale Under Section 5(1) Central Sales Tax Act, 1956 — Sale Completed by Transfer of Documents After Goods Crossed Customs Frontiers. Letter Dated 16/7/1971 Did Not Alter Original Contract Terms; Sale Held in Course of Export.

The case involves a sales tax reference under Section 61(1) of the Bombay Sales Tax Act, 1959, at the instance of the Commissioner of Sales Tax, Mahar...

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Bombay High Court Dismisses Appeal Against Rejection of Time-Barred Counterclaim in Arbitration. Limitation for Counterclaim Runs from Date of Termination of Contract, Not from Subsequent Correspondence.

The appeal arose from an order dated 1 October 2012 passed by a learned Single Judge under Section 34 of the Arbitration and Conciliation Act, 1996, d...

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Bombay High Court Grants Injunction in Copyright Infringement Case for Technical Drawings of Flash Lights. Court holds that copyright subsists in technical drawings under Section 2(c) of the Copyright Act, 1957, and that reproduction in a three-dimensional form constitutes infringement.

The plaintiff, Photoquip India Limited, filed a copyright infringement suit against Delhi Photo Store and Sunlight Industries, alleging that the defen...

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Bombay High Court Dismisses Notice of Motion in Trademark Infringement Suit Due to Delay and Lack of Urgency. Plaintiffs' claim for interim injunction rejected as they failed to establish prima facie case and balance of convenience.

The plaintiffs, Lokhandwala Construction Industries Pvt. Ltd. and Lokhandwala Builders Pvt. Ltd., filed a suit for trademark infringement and passing ...

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Bombay High Court Dismisses Appeal and Revision by Corporation Against Arbitral Award in Contract Dispute. Court Upholds Award of Interest and Costs Under Arbitration Act, 1940, Finding No Ground for Interference Under Section 30 or Section 115 CPC.

The appellant, Maharashtra Krishna Valley Development Corporation, a corporation incorporated under the Maharashtra State Krishna Valley Development C...

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Bombay High Court Quashes Process Against Managing Director in Drugs Case for Lack of Specific Allegations. Complaint Under Drugs and Cosmetics Act, 1940 Failed to Show Active Role of Director, Process Recalled Under Section 204 CrPC.

The applicant, D.R. Salgaoncar, was the Managing Director of Geno Pharmaceuticals Ltd., which manufactured a drug sample that was found to be of subst...