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Mumbai Court February 2009 Judgments

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Feb 02 2009

Smt. Rupali Shah and Shri Pradeep S. Shah Vs. Munesh Ralhan @ Ricky Ra ...

Court: Mumbai

Decided on: Feb-02-2009

Reported in: 2009(111)BomLR1214

S.J. Kathawalla, J.1. The directions to issue this show cause notice was given by this Court [Coram: S.U. Kamdar, J.] in paragraph 26 of the order dated 27th October 2005 which reads as under:26. Issue notice to the plaintiff to show cause why action should not be taken for contempt of Court under the provisions of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India and for the breach of order of status-quo dated 10th May 1999 in notice of motion No. 1455/1999 for reasons set out hereinabove.2. Pursuant to the said order dated 27th October 2005, a show cause notice dated 18th September 2008 is issued, after three years to the plaintiffs Rupali Shah and her husband Pradeep S. Shah, calling upon them to show cause as to why action should not be taken against them under the Contempt of Courts Act, 1971 for having committed contempt of court's order dated 10th May 1999 passed in notice of motion No. 1455/1999 in suit No. 2606/1999.3. The alleged breach commi...


Feb 02 2009

The Atul Products Limited Vs. V.P. Mehta (Since Deceased Through His L ...

Court: Mumbai

Decided on: Feb-02-2009

Reported in: AIR2009Bom84; 2009(111)BomLR796; LC2009(1)237; 2009(40)PTC91(Bom)

Roshan Dalvi, J.1. The Plaintiff carries on business in certain industrial chemicals. The Plaintiff adopted the word mark 'Atul' as well as a trade mark 'Atul' for its products since 1955. The Plaintiff applied for registration of the trade mark 'Atul' on 8.11.1962 in Class- 1, Class- 2 and Class- 5 of Schedule- IV to the Trade Marks Act and Rules. The Suit is concerned with the Plaintiff's mark in Class- 1 relating to chemicals. The Plaintiff's trade mark, copy of which is shown in the advertisement issued in the Trade Marks Journal, is a symbol in a circle showing the letter 'v' in Hindi below which is the entire word 'Atul' in Hindi and on the rim of the circumference of the circle are the words 'Atul' in Gujarati, English, Urdu and other regional languages separated by 3 dots.2. The Plaintiff applied for and obtained registration of the word mark 'Atul' on and from 1.12.1964 after the relevant inquiries being made by the Trade Marks Registry and the Plaintiff's Affidavits in that b...


Feb 02 2009

Hargovind Gangabhishan Bajaj Vs. State of Maharashtra and ors.

Court: Mumbai

Decided on: Feb-02-2009

Reported in: 2009(4)BomCR862

Bhatia J.H., J.1. Admitted facts are that:The petitioner is holder of land bearing Survey No. 405/2 admeasuring 1.87 hectare situated at Nagpur. Admittedly since prior to 1.10.1955 use of this land was converted from agricultural to non agricultural and land revenue was assessed to Rs. 114/- per year prior to 1955. There is no dispute that as per the clarification given by the Government of Maharashtra by Revenue And Forest Department letter No. NAA/4978/40776-7/S-III (i) dated Nil February 1979, all conversions or change to non agricultural use before 1955 is to be treated as authorised and the land revenue enhanced during the conversion is to be treated as a revision under Section 116 of the Maharashtra Land Revenue Code, 1966. Admittedly on the proposal made by Tahsildar in Revenue Case No. 1002/NAP-36/78-79, S.D.O. Nagpur approved the revision of land revenue from Rs. 114/- to Rs. 684/- from 1978-79. That order appears to have been passed on 2.6.1984 and accordingly a bill was subm...


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