Bombay High Court
Menace Of Garbage On Roads Will Not Go Away Without Public Awareness & Participation: Bombay High Court
The Bombay High Court recently remarked the menace of garbage on roads will not improve unless there is public awareness and participation. It was dealing with a petition against a tender notice issued by the Latur City Municipal Corporation (LCMC) for the selection of an operator for the collection, transportation, and processing of municipal solid waste.“Even the photographs those have...
Bombay HC Directs Trademark Registrar To Decide Applications For Renewal/Restoration Of Expired Marks For Which No Removal Notice Is Issued
The Bombay High Court recently directed the Trademark Registrar to decide within four weeks of filing applications for renewal or restoration of expired trademarks in cases wherein no notice under section 25(3) of the Trademarks Act was issued to remove them from the registry.A division bench of Justice GS Kulkarni, while directing the restoration of a trademark that had been removed...
Voluntary Abandonment Of Employment Cannot Be Accepted If Notice For Resuming Duties Not Issued: Bombay High Court
A single judge bench of the Bombay High Court comprising of Justice Sandeep V. Marne while deciding a Civil Writ Petition in the case of M/s. Premsons Trading (P) Ltd vs Dinesh Chandeshwar Rai has held that voluntary abandonment of employment can only be proved if the employer had issued a notice to the workman directing him to resume his duties.Background FactsM/s. Premsons Trading (P)...
Bombay HC Initiates Suo Motu PIL To Hold Municipal Corporations Accountable For Accidents/Deaths Caused Due To Their Negligence, Award Compensation
The Bombay High Court has initiated a suo motu public interest litigation (PIL) to establish a system and determine accountability for awarding compensation in cases where accidents or deaths occur due to negligence by the municipal corporation and other civic bodies.A division bench of Justice GS Patel and Justice Kamal Khata took suo motu cognizance of news reports and an article published...
Maharashtra Board Can't Cancel Improvement Exam Result Merely Because Student Didn't Collect Marksheet Within 6 Months: High Court
The Bombay High Court has held that the Maharashtra State Board of Secondary and Higher Secondary Education cannot cancel the Higher Secondary Certificate (HSC) re-examination results merely because the student did not collect the marksheet within 6 months.A division bench of Justice AS Chandurkar and Justice Jitendra Jain allowed a writ petition filed by a student challenging the cancellation...
Retrospective Legislation Can't Affect Vested Rights Of Assessee: Bombay High Court
The Bombay High Court has held that retrospective legislation cannot affect the vested rights of the assessee.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that when the Department has extended the last date from February 1, 2021, to September 30, 2021, it can only extend the deadline but cannot introduce a new concept of eligibility as of February 1, 2021, which...
MV Rules 1989 | Bombay High Court Upholds Levy Of Additional Fees For Delayed Renewal Of Vehicle Registration, Driving Licence
The Bombay High Court on Tuesday dismissed a public interest litigation (PIL) and a writ petition challenging additional fees imposed for delay in applying for various vehicle related services including renewal of driving license and vehicle registration.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor held that the additional fees do not constitute a...
S.25(3) Trademarks Act | Registrar Can't Refuse To Renew Mark On Grounds Of Delay If Not Removed From Register After Issuance Of Notice: Bombay HC
The Bombay High Court held recently that the Trademark Registrar cannot refuse to renew a trademark on the grounds of delay if it has not been removed from the register after issuance of removal notice under section 25(3) of the Trademarks Act, 1999.A division bench of Justice GS Kulkarni and Justice Firdosh P Pooniwalla directed the Registrar to renew three of the petitioners' trademarks,...
Revenue Officers Bound By Decisions Of Appellate Authorities While Disposing Quasi-Judicial Issues: Bombay High Court
The Bombay High Court has held that the revenue officers are bound by the decisions of appellate authorities while disposing of quasi-judicial issues.The bench of Justice K. R. Shriram and Justice Dr. Neela Gokhale has observed that the mere fact that the order is not acceptable to the department, in itself an objectionable phrase, can furnish no ground for not following it, unless its...
Motor Accident Claims | Driver With Heavy Goods Vehicle Driving Licence Can Drive Light Motor Vehicles: Bombay High Court
The Bombay High Court held recently that having a Heavy Goods Vehicle (HGV) driving licence does not make a person ineligible to drive a Light Motor Vehicle (LMV), as section 7 of the Motor Vehicles Act provides for a minimum one-year-old LMV licence as a pre-requisite for HGV licence.Justice Shivkumar Dige set aside a judgment by which the Motor Accident Claims Tribunal refused to hold...
Waiver Of Arbitrator's Ineligibility Must Be Made By Agreement In Writing, Section 12(5) Does Not Provide For Deemed Consent: Bombay High Court
The Bombay High Court single bench of Justice RI Chagla held that the ineligibility of the arbitrator could only be waived if both parties agree by an express agreement in writing as per Section 12(5) of the Arbitration Act. Parties' consent cannot be implied otherwise. Brief Facts: The Petitioners entered into a User Car Dealer/DSA Agreement (“Agreement”) with HDFC...