DK Shrivastava And Daulat Ram Engg And Services Pvt Ltd

Whether collective increase in tender rates during bid process, can be construed as cartelisation & collusion, where such increase is caused due to changed specification of the subject item by the purchaser - NO: CCI

Whether bidders can be charged with cartelisation & collusion in bidding, if they incurred costs of production due to changed specification, and where no cost analysis is provided by the purchaser - NO: CCI

Whether where identical bid prices raised by several bidders, raised suspicion of collusion, but there is no cogent evidence to support such suspicion, can such bidders be charged with collusion or cartelisation - NO: CCI

- Reference Dismissed: CCI

Khushi Ram Behari Lal Vs Pv Kanakaraj Trading

Whether when defendant made use of a deceptively similar mark 'TAJ MAHAL' as well 'TAJ MAHAL device' in relation to identical goods (rice) having identical trade channels, triple identity test is satisfied and therefore, it amounts to passing off and violation of plaintiff's common law right - YES: HC

Whether therefore, the same bound to cause confusion and deception among the public at large and likely to suggest that there is some nexus between the plaintiff and defendant and hence, calls for permanent injunction in favour of plaintiff - YES: HC

- Order passed in favour of plaintiff: DELHI HIGH COURT

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