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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Sorted by: recent Court: mumbai Page 1 of about 92 results (0.054 seconds)

Sep 16 2016 (HC)

Larsen and Toubro Limited and Another Vs. Hindustan Petroleum Corporat ...

Court : Mumbai

..... the merits of an arbitral award are to be looked into under certain specified circumstances. 24. in dda v. r.s. sharma and co., (2008) 13 scc 80, the court summarised the law thus: 21. from the above decisions, the following principles emerge: (a) an award, which is (i) contrary to substantive provisions ..... set aside. the learned judge has maintained the award of liquidated damages in the background itself. remand and power of appellate court under section 37 of the arbitration act 58. we have to keep in mind the scope and object of the arbitration while deciding the appeal arising out of judgment ..... of the respective contract; or (iv) patently illegal; or (v) prejudicial to the rights of the parties; is open to interference by the court under section 34(2) of the act. (b) the award could be set aside if it is contrary to: (a) fundamental policy of indian law; or (b) the interest ..... in the recorded fact of number of joints, required to be carried out by landt. 34. the supreme court, reiterated the principle of section 34 of the arbitration act and the scope of court to interfere with the findings given by the arbitrator. in the present case, as recorded above, the expert ..... union of india, [2008] 14 scc 785. 53. recently, in associate builders (supra), the apex court has elaborated those principles in following words: 15. this section in conjunction with section 5 makes it clear that an arbitration award that is governed by part i of the arbitration and conciliation act, 1996 can be set .....

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Jun 17 2016 (HC)

KSB Aktiengesellschaft and Another Vs. Anil Agarwal

Court : Mumbai

..... intellectual property rights. annexure "2" to the note that she submits today has a list of 12 separate litigations initiated by the plaintiffs in various courts, including this court, in which the plaintiffs have obtained favourable orders. she also points out that dr. d.y. chandrachud, j. (as he then was) while ..... anr. v ksb real estate and finance private limited; notice of motion no.4019 of 2007 in suit no.2930 of 2007; decided on 11th february 2008). if there was any dispute about the plaintiffs' mark being recognized as a well-known mark, it is, ms. kshirsagar submits, put to rest by ..... defendant is or must be deemed to be an unregistered proprietor or user at least for the purposes of section 29(4) of the trade marks act, 1999 using dissimilar goods and, therefore, liable to suffer an injunction. if, on the other hand, the defendant persists in this claim in regard ..... too does not assist the defendant because he would then be liable to suffer injunction under sections 29(1), 29(2) and 29(3) of the act. thus, viewed from either perspective, this one submission alone is sufficient to warrant the grant of an injunction. 22. the other defences are trivial. i ..... disposal of the suit, the defendant by himself, his servants, agents, assignees, distributors and dealers be restrained by an order and injunction of this hon'ble court from manufacturing, selling, exhibiting for sale, marketing his goods/ products/ services bearing the impugned mark "ksb" and/or any other mark similar to the .....

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May 06 2016 (HC)

Shaikh Zahid Mukhtar and Others Vs. The State of Maharashtra and Other ...

Court : Mumbai

..... beneficial legislation, seeks to solve. the judicial approach should be dynamic rather than static, pragmatic and not pedantic and elastic rather than rigid. this court while acting as a sentinel on the qui vive to protect fundamental rights guaranteed to the citizens of the country must try to strike a just balance between ..... , 1950 also states that everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. the supreme court, in krishna janardhan bhat vs. dattatraya g. hegde (2008)4 scc 54)put the matter thus: 44. the presumption of innocence is a human right. (see narender singh v. state ..... as already indicated, guarantees the protection of personal autonomy of an individual. in anuj garg v. hotel assn. of india [(2008) 3 scc 1] (scc p. 15, paras 34-35), this court held that personal autonomy includes both the negative right of not to be subject to interference by others and the positive right of ..... for the state of maharashtra has made detailed submissions. his first submission is based on the decision of the apex court in the case of ashoka kumar v. union of india (2008)6 scc 1). his submission is that the challenge to the constitutional validity of any legislation can be only on ..... india. he pointed out that in the decision in the case of hinsa virodhak sangh v. mirzapur moti kuresh jamat and others (2008)5 scc 33), the apex court has observed that what one eats is one's personal affair and it is a part of his right to privacy which is .....

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Apr 22 2016 (HC)

Adi Dara Patel and Others Vs. S. R. Jondhale and Others

Court : Mumbai

..... its joinder as a party defendant in the suit. that prrayer was rejected as not pressed. therefore, the chamber summons for the other reliefs, namely, leave of the court to regularise the act of taking possession of the land, which is custodia legis, does not survive. those reliefs cannot be granted once the chamber summons as a whole is dismissed as not ..... in the state. there is thus clear delay in filing the writ petition and the writ petition is therefore liable to be rejected. (see swaika properties vs. state of rajasthan ((2008) 4 scc 695)) 89. it is submitted that the conduct of the petitioners is not clean and un-blemishable. the petitioners are attempting to approbate and reprobate a clear designed ..... (see pg. 223- 226/wp part ii) (ii) panchanama and possession receipt dated 28th march, 2007 (see pgs. 226 and 225/wp part ii) (iii) tabulated statement dated 20th february, 2008 (see pg./234/wp part ii) whereas, the following documents mention the date as 9th march, 2007:- (i) notice under section 11 dated 29th march, 2007 (see pg. 227-228 ..... ram singh vs. state of u. p. and ors. civil misc. writ petition no. 37964 of 2009 order dated 27th july, 2015 (high court of allahabad). (x) swaika properties (p) ltd. and anr. vs. state of rajasthan and ors. (2008) 4 scc 695. (xi) the state of bombay vs. morarji cooverji (1958) vol. lxi b. c. r. 318. (xii) m. p. mittal .....

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Mar 22 2016 (HC)

Kazi Mohamad Issac and Others Vs. Nagesh Babusso Gaudo and Others

Court : Mumbai Goa

..... . moji ram, air 1978 sc 484; (ii) pandit ishwardas vs. state of madhya pradesh and others, (1979) 4 scc 163 and (iii) haryana waqf board vs. shanti sarup and others, (2008) 8 scc 671. 13. on the contrary, it is submitted by the learned counsel for the respondents that the prayer for amendment of the plaint and production of additional document ..... , rule 17 of c.p.c would not apply to this case as the suit was instituted prior to coming into force the amendment act, 2002. however, it is necessary to mention at this stage that the appellate court has not relied upon the said provisions, while passing the impugned order. that apart, the fact that the said proviso would not be ..... the petitioners have already examined mr. shyamlal r. vishvakarma (pw-4), whose evidence has been disbelieved by the trial court. the learned counsel has also placed reliance on the decision of the hon'ble apex court in the case of chander kanta bansal, (2008) 5 scc 117, in order to submit that an application for amendment made after 18 years was held to ..... be rightly rejected. the hon'ble supreme court has referred to its earlier decision in the case of union of india .....

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Sep 09 2015 (HC)

Pidilite Industries Limited and Another Vs. Vilas Nemichand Jain and A ...

Court : Mumbai

..... think, in saying that there is insufficient evidence of sufficient widespread user, at least for what the hardcastle and waud period, as would lead a court to ineluctably conclude that the defendants products are or have been mistaken for those of the plaintiffs. of this level of deception or confusion, ..... it from the products or goods of other enterprises. how is this usually to be done? should the production of invoices be considered enough? that court held in that particular case that other factors were equally important: market share, geographical distribution, longevity of user, the proportion of the relevant class ..... difference whether the mark in question is a mark of common language, a laudatory term, a descriptive word or a geographical name. what the court of justice of the european community held was that in determining whether a mark had acquired a sufficiently distinctive character following its use, an ..... the plaintiff s products. in this context, i believe dr. saraf s reliance on the decision of a learned single judge of the delhi high court in rich products corporation and anr. v indo nippon food ltd., (2010 (42) ptc 660 (del.)is completely appropriate. paragraph 39 of that decision ..... se indicate the achievement of the level of distinctiveness that would be required. even under section 34 of the trade marks act, 1999, the prior user (from 2001 to 2008) must be shown to be continuous. the hardcastle and waud invoices produced, even on the basis they are genuine, do .....

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Jul 30 2015 (HC)

Rashidabai Allarakha Adult, Indian Inhabitant and Others Vs. Mehrunnis ...

Court : Mumbai

..... . 7. sometime in the year 2010, the claimants filed petition under section 9 of the arbitration act in this court inter alia praying for an appointment of court receiver. on 24th january, 2011 this court passed an order in the said petition directing the parties to maintain status-quo in relation to the ..... arbitration, the arbitral proceedings commences and it would not apply to the counter claim. in my view the aforesaid two judgments of the supreme court squarely applies to the facts of this case. the claims in my view were not barred by law of limitation and the learned arbitrator was ..... properties which were described in ex.a to the said petition. on 18th june, 2012 with the consent of the parties this court referred all the disputes between the parties to the arbitration and continued the ad-interim order passed on 24th january, 2011 until passing of the ..... partnership deed recorded an arbitration agreement. it was the case of the claimants that the respondent no.1 made false allegations vide letter dated 14th july, 2008 addressed to the claimants nos. 5, 7, 8 and 11 alleged misuse of position by the other partners. after receipt of the said letter, ..... parties shall bear their own costs. the original claimants and respondent no.1 have filed two separate arbitration petitions under section 34 of the arbitration act challenging different portions of the said arbitral award dated 30th september, 2014. 13. mr.balsara, learned counsel appearing for the original claimants invited my .....

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Jun 25 2015 (HC)

Lalankumar Singh and Others Vs. The State of Maharashtra

Court : Mumbai Aurangabad

..... will have to say about their or other's liability. in view of the aforesaid provisions and the wording of section 17 (4) of the act, this court holds that opportunity needs to be given to the prosecution to discharge such initial burden. if that is not done, in no case the prosecution ..... manufactured in the unit and also other information as needs to be provided under the act. in the letter dated 12-9-2008, the manufacturer contended that copy of report supplied by the drugs inspector was not signed by the director of central laboratory and ..... quite different which is apparent from the fact that firstly the controversy of the complaint not having any necessary averments was not present before the high court in the reported decision. secondly, in that case, there was only a bald statement that the respondents were directors of the manufacturers. in the ..... batch, the batch from which sample was collected. the dealer informed that all the bottles were already distributed by it. 6. on 21-8-2008 the drugs inspector sent letter to the manufacturing unit of accused no.4 from himachal pradesh and requested to supply information regarding quantity of aforesaid drug ..... in the drug. 5. copies of the report of the central laboratory were supplied to the main dealer, the manufacturer and retailer. on 16-10-2008 the drugs inspector visited the depot of accused no.3 dealer. the dealer informed that it had purchased 13000 200 ml of bottle of the .....

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Apr 08 2015 (HC)

POL India Projects Limited and Another Vs. Aurelia Reederei Eugen Frie ...

Court : Mumbai

..... rate of 5.5% per annum compounded at three monthly from 24th october, 2008 to the date of payment. 12. in the meanwhile, the respondents filed an application under section 9 of the arbitration act in this court (arbitration petition no.524 of 2011) for interim measures. the said arbitration petition ..... the parties, the deed of guarantee and also the order passed by this court in arbitration petition no.524 of 2011. 16. on 12th september, 2008, the petitioners informed the broker of the respondents that the petitioners were acting only as brokers for and on behalf of the said d.b. ..... the english arbitration act. in my view, the reliance placed on the judgment of this court in case of oil and natural gas corporation ltd. (supra) is thus totally misplaced. 123. in so far as judgment of this court in case of jimmy construction pvt. ltd.,nagpur (supra)(2008) 3 mah. ..... act if the jurisdictional or declaratory award is not challenged within the time prescribed before the appropriate court, such award becomes final and the party looses right to challenge said award in future. the reliance placed by the learned counsel on the judgment of this court in case of jimmy construction pvt. ltd.,nagpur (supra)(2008 ..... recognised. even if as between two contracting parties the title may pass, while exercising the discretion under sec. 20 of the specific relief act, court will have to consider whether it should be a party to a transaction for which permission is not obtained from the reserve bank of india .....

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Apr 01 2015 (HC)

Pranda Jewelry Pvt. Ltd. and Others Vs. Aarya 24 kt and Others

Court : Mumbai

..... a piece of art. in fact, it has no independent existence of itself ? . when the matter went before the division bench of that court, the court put the matter thus: ??36. this clearly shows that the legislature intended that even if the artistic work such as a painting has been used ..... the adoption of the mark was itself dishonest ? . in express bottlers services pvt. ltd. vs. pepsi inc. (1989 (7) ptc 14), the court held as follows: ??.........mere delay in taking action against the infringers is not sufficient to hold that the registered proprietor has lost the mark intentionally unless it ..... being developed in a different manner, it is manifest that the source being common, similarities are bound to occur. in such a case the courts should determine whether or not the similarities are on fundamental or substantial aspects of the mode of expression adopted in the copyrighted work. if the ..... co. (2006(32) ptc 157 (del.) and on appeal 2009(40) ptc 519 (del.) (db), mattel, inc. and ors. vs jayant agarwalla and ors. (2008(38) ptc 416 (del.), kiran shoes manufacturers vs registrar of copyrights and anr. (2012(50) ptc 14 (del.)(db), devendra somabhai naik vs accurate transheat pvt. ltd ..... party is able to bring his case within the framework of section 2(c) of the copyright act, 1957 while claiming a copyright, then the suit for infringement of copyright is maintainable ? . the delhi high court distinguished this case from the case of microfibres inc. (supra) in the following words: ??28. .....

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