Bombay High Court Raps Commissioner Of Customs For Prohibiting Import Of Body Massagers Citing Probable Use As 'Adult Sex Toys'

The Bombay High Court has held that the probable or imaginative use of an item cannot be used by customs officials to prohibit it's import on grounds of obscenity. The Court dismissed an appeal filed by the Commissioner of Customs who confiscated imported body massagers on the grounds of possibly being used as “adult sex toys.”A division bench of Justices GS Kulkarni upheld the May 2023...

Trademark Suit Can Be Filed At 'Principal Place Of Business', Doesn't Need To Be Filed At Company's Registered Address: Bombay High Court

The Bombay High Court has ruled that a company's registered office may not necessarily be its principal place of business for the purposes of filing a trademark infringement suit. The court held that a suit for infringement of trademark can be filed at the "principal office" of the company, even if the registered office is located elsewhere.The ruling came in an interim application filed by...

Bombay High Court Issues Non-Bailable Warrant Against Promoter Of Varanium Cloud IT Services Provider, Orders For His Assets To Be Frozen

The Bombay High Court has issued a non-bailable warrant and further directed Red Corner Notice proceedings, if required, to be initiated against Harshwardhan H. Sabale – promoter of IT company Varanium Cloud Ltd for defaulting in payment of over Rs. 49.53 crores to his creditor.The court further ordered the attachment of Sabale's bank accounts with a total balance exceeding over Rs. 3 crore...

Banks And Financial Institutions Should Pass Reasoned Orders While Declaring Entity/Person Wilful Defaulter: Bombay High Court

The Bombay High Court has emphasized that the banks and financial institutions must provide reasoned orders before labeling an individual or entity as a wilful defaulter under the Reserve Bank of India's Master Circular.The Court observed that being branded as a wilful defaulter bars one from accessing the financial sector. Consequently, the discretion granted to banks by the circular must...

“Can't Render Wife Homeless For Senior Citizen In-Laws' Peace”: Bombay HC Stays Eviction Till Interim Decision On Shared Household Under DV Act

The Bombay High Court stayed an order directing a daughter-in-law to vacate her matrimonial home under the Senior Citizens Act for six months until a Magistrate decides her interim application for residence under the Domestic Violence Act.Justice Sandeep Marne held that when there's a conflict between the rights of senior citizens under the Senior Citizens Act and those of women under...

Will Issue Notification To Attach Properties Of IIFL In ₹5,600 Crore NSEL Scam Within Four Weeks: State To Bombay High Court

The Maharashtra government recently informed the Bombay High Court that it will attach within four weeks properties belonging to commodities broker IIFL Commodities Limited, formerly India Infoline Commodities Ltd. (IICL) in the Rs. 5600 crore National Spot Exchange Limited (NSEL) payments default case.A division bench of Justice Revati Mohite Dere and Justice Manjusha Deshpande summoned...

Provisions Of Section 12(5) R/W 7th Schedule Of The A&C Act Also Apply To Institutional Arbitrations: Bombay High Court

The High Court of Bombay has held that that provisions of Section 12(5) r/w 7th Schedule of the A&C Act also apply to Institutional Arbitrations. The bench of Justice Bharati Dangre held that rules of an arbitral institution cannot override the provisions of the A&C Act. It held that even if parties agree to institutional arbitration, it does not exclude the Court's power...

Fake Encounter: First Ever Conviction Of Police Officers In Mumbai Upheld By Bombay High Court, Ex-Cop Pradeep Sharma Sentenced To Life

The Bombay High Court, on Tuesday, sentenced former Mumbai Police encounter specialist Pradeep Sharma to life imprisonment while upholding the life imprisonment awarded to 13 others, including 12 police personnel, in the case of the fake encounter killing of Lakhan Bhaiya in 2006, who allegedly was the former aide of the notorious gangster Chhota Rajan.It was the first conviction of...

“Certificate Of Practice Subsists” – Bombay High Court Decides Not To Precipitate Action Against Lawyer Whose Bar Council ID Card Expired

The Bombay High Court has decided not to initiate any further action against advocate Avnendra Kumar, who had appeared without a valid identity card during a recent bail hearing, after accepting his unconditional apology.Justice Karnik observed, “In any case the Certificate of Practice issued by the Bar Council of India subsists, which could not be produced before the coordinate bench,...

Bombay High Court Intervention Temporarily Halts Transportation Of Kolhapur Elephant To Jamnagar

The Bombay High Court has directed the High-Power Committee to hear a Jain trust before making a final decision on transferring an elephant 'Madhuri' from Kolhapur to the Radhe Krishna Temple Elephant Welfare Trust (RKTEWT) in Jamnagar, Gujarat.The High Court bench stated that, "…the opinion of the owner (Jain Trust) ought to have been gathered prior to transferring the said elephant,...

Bombay High Court Quashes Reassessment Proceedings Against Castrol India Initiated On Basis Of A Change Of Opinion

The Bombay High Court has quashed reassessment proceedings against Castrol India initiated on the basis of a change of opinion.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the reasons to believe notice itself indicates that the AO was already seized with information prior to passing the original assessment order, and as such, there is no tangible information...

Advocate Enrolled Elsewhere Must File Vakalatnama Along With Maharashtra-Based Lawyer To Appear In Courts Here: Bombay High Court

The Bombay High Court has called for appropriate action against Uttar Pradesh based lawyer Avnendra Kumar for breach of rules that govern lawyers not registered with the Bar Council of Maharashtra and Goa (BCMG).Justice Prithviraj K. Chavan observed that despite the Advocates Rules regarding the conditions subject to which an Advocate shall practice, mandating Kumar to file his vakalatnama...