Bombay High Court Lifts Restraint On UP-Based Popcorn Maize Seller In Brand Dispute With SNN

The Bombay High Court at Nagpur has recently set aside a District Court order restraining SNT & Co., a UP-based popcorn maize seller, from using its brand name and packaging, after finding that the court failed to properly compare the overall look and feel of its packaging with that of Shah Nanji Nagis Exports Pvt. Ltd. (SNN), which had accused SNT of copying its design.In an order passed...

Leave Under Clause 12 Of Letters Patent Not Required For Filing Suits U/S 19 CPC: Bombay High Court

The Bombay High Court has held that leave under Clause 12 of the Letters Patent is not required for instituting a suit in the High Court's original civil jurisdiction when the case falls under Section 19 of the Code of Civil Procedure (CPC), i.e., for compensation for wrongs done to a person or movable property. The Court clarified that Clause 12 applies only to suits covered under Sections...

BMC Circular Banning Cooking On Footpaths Using Gas Or Grill Not Applicable To Vendors Using Induction Cooking: Bombay High Court

The Bombay High Court on Monday (November 3) held that the Circular issued by the Brihanmumbai Municipal Corporation (BMC) in 2018 prohibiting cooking of eatables on footpath with the help of gas, stove or grill, will not apply on food joints like the popular 'Jai Jawan' which are using electronic induction vessels.With this finding, single-judge Justice Firdosh Pooniwalla came to the rescue...

Bombay High Court Upholds Order Barring Nagpur Bidi Maker from Using Look-Alike 'Online Bidi' Pack

The Nagpur Bench of the Bombay High Court has upheld an earlier order restraining the city based bidi maker-Rocket Bidi Works from using its 'ATM Bidi No.07' packaging, ruling that it closely resembles the trade dress and design of Mobile Bidi Traders' 'Online Bidi'. A single bench of Justice Rohit W. Joshi observed that the 'ATM Bidi' packets copied the distinctive blue colour scheme...

Bombay High Court Dismisses Writ Petition By Akasa Air Pilot Challenging ICC Report Over Denial Of Hearing In POSH Case

The Bombay High Court held that the mere absence of an opportunity to cross-examine witnesses in proceedings under the POSH Act does not automatically vitiate the inquiry, particularly where the foundational facts are admitted and no prejudice is demonstrated. The Court observed that proceedings before the Internal Complaints Committee (ICC) are fact-finding in nature and are not bound by...

Bombay High Court Grants Bail To Kafeel Ahmad, Prime Accused In 2011 Mumbai Triple Blasts Case

The Bombay High Court on Tuesday granted bail to Kafeel Ahmad Mohammad Ayub, one of the prime accused in the 2011 Triple Bomb Blast Case in which at least 21 people died while hundreds were left injured in Mumbai.A division bench of Justices Ajay Gadkari and Ranjitsinha Bhonsale considered the fact that the trial in the case is yet to commence and that Kafeel has already spent around 13 years...

Bombay High Court Lifts Stay On Trial Against Abu Jundal In 26/11 Mumbai Terror Attacks Case

Clearing the decks for the second phase of trial in the 26/11 Mumbai Terror Attacks case, the Bombay High Court on Monday (November 3) set aside a special court's order which had in 2018 stayed the trial against Zabiuddin Ansari alias Abu Jundal, the alleged handler of the 10 Pakistani terrorists who had entered the city.Single-judge Justice RN Laddha quashed and set aside the special...

Divorce Cannot Be Granted Merely Because One Party Remains Absent; Court Must Assess Evidence Even In Ex Parte Proceedings: Bombay High Court

The Bombay High Court has held that a decree of divorce cannot be passed merely because one of the parties remains absent or fails to file a written statement. The Court observed that even in ex parte proceedings, the trial court must independently assess the petitioner's evidence and record findings based on the merits before dissolving a marriage.A Division Bench of Justice Revati Mohite...

Income Tax | Assessee Should Not Be Penalised For Delay In Filing Return Caused By CA's Belated Advice: Bombay High Court

The Bombay High Court has held that the assessee should not be penalised for the delay in filing the return caused by the chartered accountant's belated advice. The bench noted that the delay is not due to any negligence on the part of the assessee, but to inadequate advice by the Chartered Accountant, a fact admitted by him in his affidavit. Justices B.P. Colabawalla and Amit...

No One Can Claim Exclusivity Over Name Of Chhatrapati Shivaji Maharaj : Bombay High Court Refuses To Stall Release Of Marathi Film

The Bombay High Court has recently ruled that no one can claim exclusive rights over the name of 'Chhatrapati Shivaji Maharaj', while rejecting a film producer's plea to stop the release of a Marathi movie using the Maratha ruler's name in its title.A single bench of Justice Amit S. Jamsandekar made the observation while refusing relief in a plea by Everest Entertainment LLP, the producer of...

Farmers Protest: Bachchu Kadu Drops 'Rail Roko' Andolan After Bombay High Court Cautions Against Public Disturbance

Farmers' leader and former MLA Omprakash alias Bachchu Kadu on Thursday cancelled his proposed plan to stage a "Rail Roko Andolan" in Nagpur after the Bombay High Court cautioned him against probable inconvenience to the citizens.Notably, Kadu led thousands of farmers and staged protests by blocking the National Highway 44 popularly known as Wardha Road, which connects to the Samruddhi...

S.263 Succession Act | Grounds For Annulment Of Probate Are Illustrative, Not Exhaustive: Bombay High Court Clarifies

The Bombay High Court has held that the explanations (a) to (e) appended to Section 263 of the Indian Succession Act, 1925, for annulment of probate, are illustrative and not exhaustive. The Court clarified that even circumstances not specifically enumerated in these explanations can amount to “just cause” for revoking or annulling a grant of Probate or Letters of Administration, depending...