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Supreme Court Allows Landlord's Appeal in Eviction Case Under UP Urban Buildings Act, 1972. Prescribed Authority's finding of bona fide need and comparative hardship under Section 21(1)(a) reinstated as Appellate Authority's reversal lacked sufficient reasoning.

The appeal arose from a landlord-tenant dispute over a cinema building in Allahabad. The appellant, successor-in-interest to Murlidhar Aggarwal, sough...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Specific Performance Suit. No Prima Facie Case for Injunction When Possession Not Delivered and Agreement Ambiguous.

The appellant, Sanjay Suganchand Kasliwal, proprietor of Kasliwal Construction, filed an Appeal from Order under Order 43 Rule 1(r) of the Code of Civ...

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Bombay High Court Dismisses Petition Challenging Order Refusing Return of Plaint in Suit for Possession of Garage. Court Holds That Question of Valuation and Court Fee Is a Mixed Question of Law and Fact to Be Decided at Trial, Not Under Order 7 Rule 10 CPC.

The petitioner, Ganpat Govind Shigvan, was a defendant in Suit No. 2151 of 2010 filed by the respondent, Preeti Paresh Shah, and her mother for posses...

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Bombay High Court Allows Writ Petition for MEIS Benefits on Cashew Kernel Exports. Exporters entitled to MEIS reward at 5% rate for exports made after 01.11.2017, even if shipping bills were filed before that date.

The petitioner, Ajanta Industries, a proprietorship concern engaged in manufacturing and exporting cashew kernels, sought to avail the benefit of the ...

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Bombay High Court Quashes Reassessment Notice Against Bank in Income Tax Case for Lack of Fresh Material. Reopening of Assessment Under Section 148 of Income Tax Act, 1961 Held Invalid as Assessing Officer Had Already Considered Exemption Claim During Original Assessment.

The petitioner, State Bank of India, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 30.03.2001 issued...

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Bombay High Court Stays Eviction of Daughter-in-Law from Matrimonial Home in Property Dispute with In-Laws. Trial Court's Order at Notice of Motion Stage Held to Be in Nature of Final Decree; Right to Residence Under Domestic Violence Act Recognized.

The appellant, Bharati Rajesh Bhave, filed an appeal against an order passed by the trial judge on 3rd October 2015, which allowed a notice of motion ...

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Bombay High Court Dismisses Petitions of Contract Security Guards Seeking Permanent Employment Status Against Principal Company. Court Holds That Complainants Failed to Prove Employer-Employee Relationship with M/s. Greaves Cotton and Co. Limited Under Industrial Disputes Act, 1947.

The judgment concerns two writ petitions filed by a group of individuals who were employed as security guards at the factory of M/s. Greaves Cotton an...

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Bombay High Court Examines Challenge to Notification Restricting Construction Near Protected Monuments. Court Holds Rules Framed under Section 38 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 Are Intra Vires, but Does Not Decide Validity of Notification in Available Text.

The High Court of Bombay heard four writ petitions together concerning the validity of a notification dated 16.6.1992 issued under the Ancient Monumen...

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Bombay High Court Considers Interim Injunction in Trade Mark Passing Off Dispute Involving 'Ajanta' Toothpaste. The Court Examines Claims of Prior Use Where Plaintiffs Alleged Sales from June 2002 and Defendants from December 2002.

Background: The dispute concerned the use of the trade mark 'Ajanta' for toothpaste. The plaintiffs claimed to be prior users of the mark for non-medi...

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Bombay High Court Dismisses Interim Injunction Application in Passing Off Action Over Mark 'Indiacom' vs 'Indicom'. Court Holds That Plaintiff Failed to Establish Prima Facie Case of Passing Off or Deceptive Similarity Between 'Indiacom' and 'Indicom', and Balance of Convenience Favoured Defendant.

The dispute arose from a passing off action filed by Indiacom Limited (plaintiff) seeking to restrain Tata Teleservices Ltd. and others (defendants) f...