Party Can Waive Arbitrator's Ineligibility U/S 12(5) Of Arbitration Act By Express Agreement In Writing: Bombay High Court

The Bombay High Court bench of Justice Rajesh S. Patil affirmed that once an ineligibility to act as Arbitrator is waived by an express agreement in writing under proviso to section 12(5) of the Arbitration Act, waiving party is prohibited from claiming ineligibility of the Arbitrator for the first time under section 34 of the Arbitration Act. In this case, the petitioner had waived...

Bombay High Court Issues Interim Injunction Against Trademark & Copyright Infringement Of 'CAMPA' Soft Drinks By “Jhampa”

The Bombay High Court has issued a temporary injunction against trademark and copyright infringement 'CAMPA' beverages, owned by Reliance Retail Ltd.Reliance (plaintiff) filed the suit against the defendants for trademark infringement, passing off and copyright infringement of the non-alcoholic Campa beverages. The mark 'CAMPA was adopted by Campa Beverages Private Ltd in 1972. Reliance...

Entire Mumbai Has Been Encroached By Hawkers, State Cannot Express Helplessness: High Court Pulls Up State Govt, Mumbai Police

The Bombay High Court while pulling up the Maharashtra government, Mumbai Police and also the Brihanmumbai Municipal Corporation (BMC), observed that the there is not a single lane in entire Mumbai which is free from hawkers.A division bench of Justices Ajay Gadkari and Kamal Khata said the entire city is encroached by illegal hawkers thereby making it difficult for the citizens to walk freely...

[Maharashtra Elections] Court Can Interfere In Electoral Process Only To Progress And Further It: HC Denies Relief To Candidate Over Rejected Nomination

The Bombay High Court last week held that the High Courts do have 'jurisdiction' and 'power' to interfere in the electoral process but the same must be exercised only to further the process or progress of the elections.A division bench of Justices Arif Doctor and Somasekhar Sundaresan, which was presiding over a vacation court on November 6, refused to grant any relief to one Ashish Gadkari,...

RTI | Disclosure Of Marks Obtained By Candidates In Public Recruitment Process Is Not Invasion Of Privacy: Bombay High Court

In a significant ruling, the Bombay High Court on Monday held that the disclosure of marks obtained by candidates in a public recruitment process would not invade the privacy of the candidates and that such disclosure is permissible under the Right To Information (RTI) Act, 2005.A division bench of Justices Mahesh Sonak and Jitendra Jain quashed the orders passed by a Public Information...

Bombay High Court Grants Bail To Jet Airways Founder Naresh Goyal On Medical Grounds

The Bombay High Court has made Jet Airways founder Naresh Goyal's interim bail absolute in relation to a money laundering case.A single-judge bench of Justice Nijamoodin Jamadar, who had earlier granted interim bail to Goyal made it absolute. On 6 May, the Court granted Goyal interim bail for two months citing his health. On 31 July, the Court extended the interim bail by two months. Goyal...

Bombay High Court Weekly Round-Up: November 04 - November 10, 2024

Citations 2024 LiveLaw (Bom) 573 to 2024 LiveLaw (Bom) 579Nominal Index:Ashwinkumar Sanap vs State of Maharashtra, 2024 LiveLaw (Bom) 573Puranlal Dhurve vs State of Maharashtra, 2024 LiveLaw (Bom) 574Mayur Ravindra Bhagat vs State of Maharashtra, 2024 LiveLaw (Bom) 575Maharashtra Rajya Bandhkam Kamgar Sanyukt Kriti Samiti vs State of Maharashtra, 2024 LiveLaw (Bom) 576Rakesh Lal Meena and...

Girl Booking Hotel Room, Entering It With Boy Does Not Mean She Consented To Sex: Bombay High Court

In a significant ruling, the Bombay High Court at Goa held that even if a girl books a hotel room along with a man and goes inside the room, it would not mean that she has consented to sexual intercourse.Single-judge Justice Bharat Deshpande quashed an order passed by a Trial Court in Margao on March 3, 2021, discharging a man from rape charge. The Trial Court in its order, opined that since...

Bombay High Court Monthly Digest: October 2024

Citation 2024 LiveLaw (Bom) 499 to 2024 LiveLaw (Bom) 567Nominal IndexLatabai Jadhav vs State of Maharashtra, 2024 LiveLaw (Bom) 499State of Maharashtra vs Sunil Kuchkoravi, 2024 LiveLaw (Bom) 500Kisan Moulding Limited v. Micro and Small Enterprises Facilitation Council (MSEFC) Konkan Thane & Anr., 2024 LiveLaw (Bom) 501Safset Agencies Private Ltd.vs. Riddhi Rahul Kumar Gosalia & Ors.,...

'Match Fixing' Film Perpetuates Negative Stereotypes Against Muslims, Aggravates Tensions Between Communities: Plea In Bombay High Court

The Bombay High Court is likely to hear a plea seeking a stay on the release of the controversial film "Match Fixing - The Nation Is At Stake" which is based on the 2008 Malegaon Blast Case, as it perpetuates negative stereotypes against Muslims.The petition seeks a stay on the film's release on the ground that the Trailer of the film itself contains several 'baseless and false'...

Not Allowing Daughter-In-Law To Watch TV, Meet Neighbours, Go To Temple Alone & Making Her Sleep On Carpet Is Not Cruelty: Bombay High Court

Quashing a 20-year-old order convicting a man and his family for cruelty towards his deceased wife, the Aurangabad bench of the Bombay High Court said that the allegations of taunting the deceased, not allowing her to watch TV, not allowing her to go alone to the temple and making her sleep on a carpet would not constitute the offence of cruelty under IPC Section 498A, as none of these...

Long-Term Contract Employment Cannot Override Regular Recruitment Process; Bombay HC

Bombay High Court: A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar directed the regularization of staff nurses employed on contract basis in the Union Territory of Daman and Diu. The court overturned the Central Administrative Tribunal's dismissal, ruling that the nurses, who were recruited through proper selection processes in accordance with...