Bombay High Court Fines Licensee Rs 5 Lakh For 'Harassing Landowners' Regarding Compensation For Land Acquired For Kohlapur Airport

The Bombay High Court has imposed a cost of Rs. 5 lakh on a litigant for claiming untenable tenancy rights in a land, despite being a mere licensee. In doing so the court found litigant's plea to be abuse of the process of law, intended to harass the landowners. It said that the petitioner, without having a semblance of a right pertaining to the ownership of land of three respondents, which...

Bombay High Court Issues Interim Injunction Against 'DESIMOCHI' Over Trademark Infringement Of Metro Footwear's 'MOCHI'

The Bombay High Court has issued a temporary injunction in favour of the popular footwear brand Metro Brands Limited, against trademark infringement of its 'MOCHI' marks.The plaintiff Metro stated that it has been using the 'MOCHI' mark since 1977 and its goods are sold through various e-commerce platforms. In 2016, Metro began selling goods with 'MOCHI' marks under the domain...

S.9 Application Not Appropriate For Relief Against Non-Signatory When There Is No Dispute Between Parties To Be Referred To Arbitration: Bombay HC

The Bombay High Court bench of Justice Arif S. Doctor has held that Section 9 of the A&C Act is not the correct mechanism to obtain relief against an entity when the privity of contract is absent between Factual Overview: The dispute arose regarding a Redevelopment Agreement (RDA) and a Supplementary Agreement (SA) dated 20 July 2022. The agreement was entered between...

Delivering Child In Jail Will Certainly Impact Both Mother And Child: Bombay High Court Grants Bail To Pregnant Prisoner

The Nagpur bench of the Bombay High Court on Wednesday (November 27) granted six months bail to a pregnant prisoner for her delivery, observing that delivering the child in the jail atmosphere would certainly impact not only the mother but also the child.Single-judge Justice Urmila Joshi-Phalke granted bail to a woman booked under the stringent Narcotics Drugs and Psychotropic Substances...

Court Cannot Go Into Merits While Enforcing Foreign Award U/S 48 Of Arbitration Act: Bombay High Court

The Bombay High Court bench of Justice Arif S Doctor has held that jurisdiction of enforcement court under section 48 of the Arbitration is very limited and while enforcing the award the court cannot go into the merits of the case. Brief Facts This petition has been filed seeking enforcement of an award under part II of the Arbitration Act. This award was passed by an...

'Accused Mowed Down Deceased Woman In Utter Disregard To Humanity': Bombay HC Denies Relief To Mihir Shah, Another In Worli Hit & Run Case

The Bombay High Court while refusing to grant any relief to Mihir Shah, the prime accused in the infamous Worli Hit-n-Run Case, voiced its concern over the need to prioritise the rights' of the victims and also to strike a balance between the rights of the victim and the accused as well.A division bench of Justices Bharati Dangre and Manjusha Deshpande in its November 25 order noted the...

Initiating Proceedings For Recovery Of Duty Under Customs Act After 'Inordinate Delay' Of 26 Yrs Is Unreasonable: Bombay High Court

While quashing a notice issued under the Customs Act, the Bombay High Court noted that the proceedings were initiated for recovery of duty foregone after a delay of 26 years, adding that such a prolonged delay in initiating the proceedings cannot be considered 'reasonable'.In doing so the court said that even on a reading of the Act, a reasonable period would certainly not be 26 years even in...

Bombay High Court Takes Cognizance Of Civic Officer, Advocate Abusing And Assaulting Court Peon, However Accepts Their "Unconditional Apologies"

The Bombay High Court recently took suo motu cognizance of an "unfortunate incident" which took place in the Court premises, wherein an advocate and an official of the Nashik Municipal Corporation (NMC) abused a court peon in a filthy language after they were asked to maintain silence.A division bench of Justices Ajay Gadkari and Kamal Khata was disturbed to take note of the incident...

Bombay High Court Weekly Round-Up: November 18 - November 24, 2024

Citations: 2024 LiveLaw (Bom) 594 to 2024 LiveLaw (Bom) 610Nominal IndexAnita Agarwal vs. Union of India, 2024 (LiveLaw) Bom 594Ujala Shyambihari Yadav vs. The Election Commission Of India, 2024 (LiveLaw) Bom 595Mahesh Khedkar vs State of Maharashtra, 2024 (LiveLaw) Bom 596Apollo Tyres vs. Union of India, 2024 (LiveLaw) Bom 597B.V. Jewels vs. Union of India, 2024 LiveLaw (Bom)...

Worli Hit-n-Run Case: Bombay High Court Dismisses Plea Seeking Declaration That Arrest Was Illegal

In a setback for the accused in the infamous Worli Hit-n-Run Case, the Bombay High Court today dismissed the petitions filed by prime accused Mihir Shah and his driver Rajrishi Bindawat, both challenging their arrests on the basis that they weren't served with the "grounds of arrest" in written format, as mandated by the Supreme Court.A division bench of Justices Bharati Dangre and...

Adversely Impacts Economy: Bombay High Court Denies Anticipatory Bail To Man Booked For Stealing 13K Litres Of Petrol

Observing that stealing petroleum-based fuels adversely affects the country's economy, the Bombay High Court recently refused to grant pre-arrest bail to a man, booked for stealing 13,000 litres of petrol worth Rs 13.90 lakhs.Single-judge Justice Rajesh Laddha noted that the applicant Mohd. Ahmed Shafique Khan, a businessman, was the linchpin of the crime in question."Stealing...

Lawyer Cannot Be Booked For Asking On-Duty CBI Officers For Their Identity Cards: Bombay High Court

An advocate cannot be booked for 'obstructing' a government servant (CBI Officers) from discharging his duty, just because he asks a team of CBI officers, conducting raid/search operations, to show their Identity Cards (ID), the Bombay High Court held on Thursday (November 21).Single-judge Justice Milind Jadhav discharged two advocates and a law intern (then), who were booked in 2007...