Bombay High Court Directs Bar Council Of Maharashtra & Goa To Take Action Against Lawyer Who Appeared Without Band, Gown

The Bombay High Court recently directed the Bar Council of Maharashtra and Goa (BCMG) to take action against Advocate Jagdish M. Ahuja for appearing in court without the prescribed attire of bands and Advocate's Gown.Justice Prithviraj K Chavan noted in his order –“He is not in proper attire, in the sense, he is without bands and Advocate's Gown as prescribed by the Rules. The Bar Council...

Bombay High Court Weekly Round-up: June 10, 2024 To June 16, 2024

Nominal Index [Citation 284 - 292]Shamsher Ahmed Shaikh & Ors. v. Municipal Corporation of Greater Mumbai & Ors. 2024 LiveLaw (Bom) 284Razi Ahmed Khan v. State of Maharashtra 2024 LiveLaw (Bom) 285XYZ v. The Dean of BJ, Government Medical College and Others 2024 LiveLaw (Bom) 286Karan Johar v. IndiaPride Advisory Pvt. Ltd. And Ors. 2024 LiveLaw (Bom) 287Jiv Maitri Trust v. Union of...

Bombay High Court Upholds Conviction Of Primary School Teacher For Sexually Assaulting Three Students In Classroom

The Bombay High Court recently upheld the conviction of one Ramesh Ratan Jadhav, a primary school teacher, for sexually assaulting three minor girls in the classroom.Justice Kishore C Sant observed, “The evidence of the victim girls is found to be reliable. The presence of the accused is not denied. Though the defence is taken of animosity as a motive for false implication, the same does...

Bombay High Court Reserves Order In Students' Plea Challenging Hijab Ban By Mumbai's NG Acharya & DK Marathe College Authorities

Mumbai's NG Acharya and DK Marathe College submitted before the Bombay High Court today that the purpose of banning hijab, nakab, burkha, stole, caps etc. in the campus is to avoid the display of religious symbols, unless it is part of the fundamental right to religion such as turban for Sikhs.Senior advocate Anil Anturkar for the college management said, “And it is not only in the case...

Bombay High Court Allows Release Of Film 'Hamare Baarah' After Makers Agree To Delete Certain Portions & Add Disclaimers

The Bombay High Court on Wednesday allowed the release of film "Hamare Baarah", on June 21, 2024 after the makers agreed to make certain changes in the movie.A division bench of Justice BP Colabawalla and Justice Firdosh Pooniwalla passed the order in a writ petition seeking a ban on the film on the ground that it is derogatory to Islam and married Muslim women in India.The bench said that...

Bombay High Court Orders Inquiry Into Functioning Of Juvenile Court After Clerk Allegedly Disobeys HC Orders

The Bombay High Court recently directed the Principal District Judge, Thane to conduct an inquiry into the functioning of Juvenile court in Bhiwandi, Mumbai after a clerk allegedly refused to accept charge sheet in a case despite HC orders.A division bench of Justice AS Gadkari and Justice Neela Gokhale was dealing with an application filed by a juvenile accused seeking quashing of...

[Commercial Courts Act] Plaint Can't Be Rejected For Bypassing Pre-Institution Mediation If It Genuinely Seeks Urgent Reliefs: Bombay High Court

The Bombay High Court recently dismissed an application filed under Order VII Rule 11 of the CPC, by defendant Chemco Plast seeking rejection of a trademark infringement suit filed against it by plaintiff Chemco Plastic Industries Pvt. Ltd. The court observed that the suit is not barred under section 12A of the Commercial Courts Act (mandatory mediation) as it contemplates urgent...

Indian Succession Act | Bombay High Court Larger Bench To Decide Whether Probate Of Will Can Be Revoked In Cases Not Covered In Section 263

The Bombay High Court recently referred to a larger bench the question of whether explanations to Section 263 of the Indian Succession Act, 1925, which deals with the grounds on which probate of a will can be revoked or annulled for “just cause”, are exhaustive or merely illustrative.Justice Manish Pitale referred the following questions to the larger bench –“(I) Whether explanations...

Bombay High Court Calls For Robust Mechanism To Impose Costs For Misuse Of Judicial Process In Rape Cases Stemming From Failed Relationships

Highlighting that rape cases stemming from failed relationships between adults waste the valuable time of both the police and the courts, the Bombay High Court recently called for a robust mechanism to impose heavy costs on individuals who misuse the judicial process.Justice Pitale highlighted the recurring nature of such cases in urban areas like Mumbai, which leads to wastage of valuable...

Bombay High Court Grants Temporary Injunction In Favor Of Pidilite In Infringement Suit For Cement Container Design

The Bombay High Court recently granted ad interim injunction in favour of Pidilite Industries Limited (Pidilite) restraining Astral Limited (Astral) from infringing Pidilite's registered design of Coex plastic containers of its M-SEAL PV SEAL products. Justice Firdosh Pooniwalla held, “the Plaintiff has made out a prima facie case for grant of ad-interim reliefs in terms of prayer (a) of...

Bombay High Court Monthly Digest: May 2024

Nominal Index [Citation 237 - 277]Balkrishna Barsha Sutar v. Income Tax Officer 2024 LiveLaw (Bom) 237Godrej and Boyce Manufacturing Company Ltd v. Shivkranti Kamgar Sanghatana 2024 LiveLaw (Bom) 238Pradeep Hiraman Kale v. State of Maharashtra 2024 LiveLaw (Bom) 239Bhatewara Associates v. Income Tax Appellate Tribunal, Pune & Ors. 2024 LiveLaw (Bom) 240Navi Mumbai Hotel Owners Association...

Similar Trademark For Drug Treating The Same Ailment But Having Different Composition From Already Registered Trademark Is Deceptive: Bombay High Court

A single judge bench of the Bombay High Court comprising ofJustice Firdosh P. Pooniwalla, held that structurally & phonetically similar trademark can't be registered for drug treating similar ailment but having different composition from already registered mark, as it may create confusion for consumers leading to potential side effects. Background Facts Glenmark Pharmaceuticals...