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Gujarat High Court Dismisses Second Appeal in Trust Land Exchange Dispute — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Oral Exchange Agreement from 1956 Not Proved; Possession Not Established; Suit for Declaration and Injunction Dismissed.

The appellant, Shree Nootan Kelavani Mandal, a trust registered under the Bombay Public Trust Act, 1950, filed a Second Appeal under Section 100 of th...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court Dismisses Petition Challenging Injunction in Non-Compete Clause Dispute. Temporary Injunction Granted to Restrain Former Employee from Competing with Employer for Three Years Based on Contractual Non-Compete Agreement.

The petitioner, Tapas Kanti Mandal, was employed by Cosmo Films Ltd. as a manager in its Research and Development Department from May 2003. He resigne...

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Bombay High Court Dismisses MCGM's Challenge to MERC Regulation on Compensation for Delayed Electricity Connections. Regulation 4.10 requiring distribution licensees to pay compensation for failure to provide new connections within stipulated period is valid and not ultra vires the Electricity Act, 2003.

The Municipal Corporation of Greater Mumbai (MCGM), through its Brihanmumbai Electric Supply & Transport Undertaking (BES&T), filed a writ petition un...

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Bombay High Court Dismisses MCGM's Challenge to MERC Regulation on Compensation for Delayed Electricity Connections. Regulation 4.10 requiring compensation for failure to provide new connections within stipulated time is held valid under Section 181 read with Section 57 of the Electricity Act, 2003.

The Municipal Corporation of Greater Mumbai (MCGM), a statutory corporation and local authority, filed a writ petition under Article 226 of the Consti...

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Bombay High Court Dismisses Appeal of Competing Kerosene Dealer for Lack of Locus Standi. Mere Competitor Not a Person Aggrieved Under Articles 226 and 227 of the Constitution of India.

The appellant, Rajendra Agrawal, a semi-wholesale kerosene dealer in Murtizapur, filed a Letters Patent Appeal against the order of a Single Judge dis...

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Bombay High Court Grants Injunction in Trademark Infringement Case Involving Beer Brands 'Haywards 5000' and '50000'. The court held that the numeral '5000' is an essential feature of the plaintiff's mark and that the defendants' mark '50000' is deceptively similar, leading to likelihood of confusion.

The plaintiff, Skol Breweries Limited, filed a suit for infringement and passing off against the defendants, Fortune Alcobrew Pvt. Limited and Hindust...

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Bombay High Court Dismisses MSEB's Challenge to Sale of Captive Power to Third Party Without Licence Under Electricity Act, 2003. Captive Generating Plant Not Required to Obtain Licence for Sale to Another Industrial Consumer Under Section 9 Read With Section 42 of the Electricity Act, 2003.

The petitioner, Maharashtra State Electricity Board (MSEB), filed a writ petition challenging the order of the Maharashtra State Electricity Regulator...