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Bombay High Court Dismisses Petition Challenging Validity of MRTP Act Provisions. Court holds that Sections 49(7) and 127 of Maharashtra Regional and Town Planning Act, 1966 are constitutionally valid and not ultra vires Articles 14, 19(1)(g), 21, 21A, 47 and 243(w).

The petitioners, Chalisgaon Municipal Council and a resident, filed a writ petition under Article 226 of the Constitution challenging the constitution...

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High Court of Karnataka Upholds Tribunal Order Directing Appointment of Teacher from Additional List — Selection Authority Cannot Deny Appointment Based on Non-Existent Waiting List After Candidates Selected from Additional List Are Entitled to Appointment

The petitioner, the Selection Authority and Secretary of the Karnataka High School Examination Board, challenged the order dated 09.03.2020 passed by ...

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Karnataka High Court Dismisses PIL Challenging Amendment to Stone Crushers Act Reducing Distance from Dams. Court Holds Amendment Within Legislative Competence and Not Violative of Fundamental Rights.

The petitioner, R. Anjaneya Reddy, filed a Public Interest Litigation under Articles 226 and 227 of the Constitution of India challenging the Karnatak...

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Bombay High Court Grants Injunction Against Trade Mark Infringement and Passing Off in Pharmaceutical Product 'ONCO BCG' - Defendant's Mark 'BCG ONCO' Held Deceptively Similar Despite Common Descriptive Element 'BCG'.

The plaintiff, Serum Institute of India Limited, a pharmaceutical company, filed a suit for trade mark infringement and passing off against Green Sign...

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High Court of Bombay at Goa Allows Appeals in Land Acquisition Compensation Dispute — Communidade of Colvale v. Benjamin Pereira & Anr. Tenancy Rights Not Established by Mere Revenue Entries or Rent Receipts; Deemed Purchase Under Goa Agricultural Tenancy Act Requires Proof of Actual Cultivation.

The appellant, Communidade of Colvale, owned survey no. 220/1. Two notifications under Section 4(1) of the Land Acquisition Act, 1894, acquired 1,09,0...

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Bombay High Court Dismisses Challenge to Validation Act in Import Fee Dispute. Parliament Competent to Enact Retrospective Validation to Cure Defect in Subordinate Legislation, Even if It Affects Pending Litigation.

The petitioners, M/s R. Piyarelall Import & Export Ltd. and its director, challenged the constitutional validity of the Destructive Insects and Pests ...

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Bombay High Court Dismisses Appeal Against Refusal of Interim Stay in No Confidence Motion Case — No Fresh Motion Barred Under Section 35(3-A) of Bombay Village Panchayats Act, 1958 as First Motion Was Not Moved or Carried.

The appellant, Tatyasaheb Ramchandra Kale, was elected Sarpanch of Theur village panchayat in 2010. On 5 October 2011, a no confidence motion was init...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'Café Madras' Restaurant Name. The mark 'Café Madras' held to be inherently distinctive and entitled to protection against use by a subsequent restaurant of the same name.

The plaintiffs, the Kamath family, have been running a restaurant named 'Café Madras' in Matunga, Mumbai since 1938. The restaurant has acquired a re...