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High Court of Judicature at Bombay Delivers Oral Judgment in Section 9 Arbitration Petition Involving Concession Agreement for Restaurant Operation. Dispute Pertains to Interim Measures Sought in Connection with a Seven-Year Concession Agreement for a Restaurant at Juhu Airport.

The High Court of Judicature at Bombay heard an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, filed by M/s. Surv...

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Supreme Court Upholds Licensing Conditions on Orchestra Bars Under Maharashtra Police Act, 1951. Gender-Based Numerical Restrictions on Performers Held Valid as Reasonable Restrictions in Public Interest Under Article 19(6) of the Constitution.

The appeals arose from a judgment of the High Court of Bombay that upheld conditions imposed by the Commissioner of Police, Brihan Mumbai, on orchestr...

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Supreme Court Upholds High Court Judgment Setting Aside Appellate Authority Order Under Madhya Pradesh Shops & Establishments Act, 1958. The Court affirmed that clubs not being residential clubs are exempt from the Act under Section 3(j), rendering the Appellate Authority's reinstatement order invalid.

The dispute arose from the termination of services of the appellants, who were employees at a club run by the respondents. The appellants filed a comp...

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Bombay High Court Grants Injunction Against Passing Off and Trade Mark Infringement of 'CARTER'S BLUE' Mark. Defendants' Use of Deceptively Similar Names Despite Conducting Agreement and Registration Constitutes Passing Off.

The plaintiff, Mehboob Khan, sole proprietor of 'Carter's Blue' restaurant, filed a suit for trade mark infringement and passing off against the defen...

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Bombay High Court Allows Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court sets aside award for ignoring contractual terms and failing to consider counterclaims.

The judgment concerns two arbitration petitions arising out of the same arbitral award. The petitioners (original respondents) challenged the award un...

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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...

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Bombay High Court Allows Petitions Challenging Demolition Notices for Hotels/Restaurants in Thane — Municipal Corporation's Action Quashed for Violation of Natural Justice and Lack of Proper Hearing Under Section 478 of the Mumbai Municipal Corporation Act, 1888.

The judgment involves a group of ten writ petitions filed by owners/occupiers of hotels, bars, and restaurants in Thane city, challenging demolition n...