Bombay High Court
Court U/S 37 Of The A&C Act Can’t Undertake An Independent Assessment Of Arbitral Award,: Bombay High Court
The High Court of Bombay has held that under Section 37 of the A&C Act, the challenge must be related to the impugned order passed under Section 34 of the Act and not merely to the arbitral award. It held that it is incumbent upon a party to point out errors in the order under Section 34 to make out a case in appeal under Section 37. The bench of Chief Justice Devendra...
Bombay High Court Declines To Restrain Use Of 'ANNA' Trademark, Cites Plaintiff's Stand Of Dissimilarity During Registration Stage
The Bombay High Court recently declined to temporarily restrain a Pune restaurant from using the trademark 'ANNA' in an infringement suit, upon finding that during the registration stage, the plaintiff had told the Trademarks Registry that there was no similarity between his mark 'ANNA IDLI GRUHA' and the defendant's mark 'ANNA. In dismissing the plaintiff's plea for a temporary...
'Producing Undertrials To Court Physically Is Cumbersome': Bombay HC Advocates Use Of VC Facility To Ensure Their Presence
The Bombay High Court recently observed that the physical production of undertrial prisoners to the court can be 'cumbersome', and that their production could be ensured using a Video Conferencing (VC) facility with dedicated links for prison authorities and time schedules communicated in advance.“At various stages it may not be necessary to produce the accused, as production of the...
Bombay HC Rebukes SEBI For Non-Compliance With Court Order, Says Being A Public Body It Must Inspire Confidence Of Investors, Court
The Bombay High Court on Friday pulled up the Securities and Exchange Board of India (SEBI) for not complying with the Court's order directing it to furnish documents concerning proceedings initiated against Bharat Nidhi Ltd (BNL), a company owned by Times Group MD Vineet Jain.A division bench of Justice GS Kulkarni and Justice Jitendra Jain, while directing SEBI to comply with the...
Electricity Connection On Particular Address Not Proof Of Ownership, Legality Of Construction: Bombay High Court
A division bench of Justices Gautam S Patel and Kamal Khata of the Bombay High Court has held that an electricity bill or connection on a certain address is not proof of ownership or legality of construction.An electricity distribution licensee cannot possibly assess questions of title of the property and check if the apartment or units have the necessary planning permissions, the court said....
Bombay High Court Directs Seizure Of SE Oil Products' Soya Bean Oil Upon Finding Trademark Deceptively Similar To Patanjali's Marks
The Bombay High Court recently appointed a court receiver and directed immediate seizure of the refined soya bean oil produced by SE Oil Products Pvt Ltd as its trademark was 'deceptively similar' to the trademark of Patanjali Food Ltd.In an ex-parte ad-interim order, Justice RI Chagla observed that prima facie, SE's trademark was identical to Patanjali's registered trademark “TULSI”...
S.138 NI Act | Offence Can Be Compounded At Initial Stage Without Complainant's Consent, Provided They Are Duly Compensated
The Bombay High Court recently held that a court can compound the offence in check bounce cases without the complainant's consent provided that the accused applied for compounding in the initial stages of the case and the complainant was adequately compensated.Justice Anil Pansare of the Nagpur bench quashed a cheque bounce case against six out of twelve accused subject to the accused...
Bombay High Court Dismisses 20-Year-Old Testamentary Suit In Favor Of Actress Pooja Bedi, Her Aunts
The Bombay High Court dismissed a 20-year-old testamentary suit regarding the estate of actor Pooja Bedi's uncle -Bipin Gupta - after Bedi and her aunts proved that the impugned 'Will,' bequeathing everything to a trust, was a “sham and bogus.”Justice Milind dismissed a petition filed by Vasant Sardal seeking to execute Gupta's alleged Will dated September 4, 2003. Sardal was one of the...
Bombay High Court Orders Dept. To Refund Tax Deposited By HSBC Under Protest
The Bombay High Court has ordered the department to refund the tax deposited by HSBC under protest.The bench of Justice G. S. Kulkarni and Justice Jitendra Jain observed that once the amounts were deposited by the petitioner and retained by the department without the authority of law, the claim of the petitioner for refund could not have been denied. It was appropriate for the petitioner...
Advocates Should Possess Up-To-Date Knowledge, Not Cite Any Decisions Which Are No Longer Good In Law: Bombay High Court
An advocate should have updated knowledge of the law and not cite any case which is no longer good law, the Aurangabad Bench of the Bombay High Court has recently observed.A division bench of Justice Vibha Kankanwadi and Justice Abhay S Waghwase while upholding a man's conviction for murdering his own daughter, observed that his advocate relied on an outdated judgment to challenge the...
Tenants' Limited Right To Seek Building Repair Can't Obliterate Landlord's Right To Redevelop It: Bombay High Court
The Bombay High Court has held that tenants cannot stretch their limited right to reconstruct or repair a dilapidated building in order to obstruct the property owner/landlord from redeveloping his property. Ruling in favor of the petitioner/landlord, division bench of Justice GS Patel and Justice Kamal Khata set aside the no-objection certificate ("NOC") and subsequent repair permissions...
Advocate Somasekhar Sundaresan Sworn-In As Additional Judge Of Bombay High Court
On Tuesday Advocate Somasekhar Sundaresan was sworn in as Additional Judge of the Bombay High Court after Chief Justice Devendra Kumar Upadhyaya administered the oath of office upon him.Only recently the Centre had notified his appointment as an additional judge of the Bombay High Court.The Collegium of Bombay High Court recommended the name of Advocate Sundaresan for elevation on October 4...