Bombay High Court
Bombay High Court Weekly Round-up: May 1, 2023 To May 7, 2023
Nominal Index [Citation 223 - 240]Areeb Hasan Ansari Najeeb Hasan Ansari v. State of Maharashtra 2023 LiveLaw (Bom) 223Indian Performing Right Society Ltd. v. Rajasthan Patrika Pvt. Ltd. 2023 LiveLaw (Bom) 224Arjun Amarjeet Rampal v. Union of India and Ors. 2023 LiveLaw (Bom) 225Sayli B Parkhi v. State of Maharashtra 2023 LiveLaw (Bom) 226M/s Bharti Telemedia Ltd. v. State of Goa 2023...
Bombay High Court Allows 78 Flat Purchasers To Complete Stalled Residential Project Through Self-Development
The Bombay High Court recently allowed 78 flat purchasers to complete construction of RNA Palazzo, a residential project in Kandivali West, Mumbai, which has been stalled for the past 11 years.Justice RI Chagla passed the order after the developer East and West Builders agreed to the appointment of court receiver and to let the flat purchasers' association complete the project.“Admittedly...
Advocates Should Prioritise Legal Aid Matters, Litigants Can't Be Deprived Quality Legal Services Due To Economic Capacity: Bombay High Court
Advocates should prioritise matters taken under Legal Aid Scheme even though other matters may pay more, the Bombay High Court recently stated.Justice Mahesh Sonak sitting at Goa remarked that the legal community and the judiciary owe this service to litigants who cannot afford an advocate.“Priorities have to be given by the Advocate to the matters under the Legal Aid Scheme, even though...
Bombay High Court Directs Meta Platforms To Remove Video Prima Facie Infringing Patanjali's "Mahakosh" Trademark
The Bombay High Court last week temporarily restrained Meta Platforms and Ashok Kumar (unknown persons) from circulating a video regarding Patanjali’s Mahakosh Refined Soyabean Oil on Meta's online platforms Facebook and WhatsApp during the pendency of Patanjali's trademark infringement suit.Justice Manish Pitale held that Patanjali made out a strong prima facie case that the video...
Bombay High Court Refuses Urgent Hearing To Republic TV In 100 Crore Trademark Infringement Suit Against Telugu Channel RTV News
Observing that Telangana based Rayadu Vision Media Limited was yet use a disputed logo on its channel, the Bombay High Court refused an urgent hearing to ARG Outlier Media Private Limited – owner of Republic TV - in a copyright infringement suit. Justice Manish Pitale posted the suit filed by ARG to June 5, 2023 with liberty to approach the High Court during the vacation in case of an...
Illegality Of The Appointment Procedure Does Not Render The Entire Arbitration Agreement Invalid: Bombay High Court
The Bombay High Court has held that illegality of the appointment procedure does not render the entire arbitration agreement invalid. The bench of Justice Avinash G. Gharote held that merely because the procedure for the appointment of the arbitrator under the arbitration agreement is rendered invalid on account of the insertion of Section 12(5) and the Supreme Court judgment in...
[POCSO Act] Mere Non-Eruption Of Wisdom Teeth Not Conclusive Proof Of A Person's Minority: Bombay High Court
The Bombay High Court recently held that the mere non-eruption of wisdom teeth of a person is not sufficient to prove that the person is a minor, while acquitting a man convicted under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).Justice Anuja Prabhudessai held that the prosecution could not prove beyond reasonable doubt that the complainant was a child at the time of...
Bombay High Court Restrains Trust In Late Actor Dada Kondke's Name From Exercising Rights Over 12 Of His Films
The Bombay High Court temporarily restrained the trust named after Marathi actor-filmmaker Dada Kondke from dealing in the copyrights of 12 of his films. Justice Manish Pitale passed the order in an Intellectual Property Right suit filed by Everest Entertainment Ltd against Shahir Dada Kondke Pratishthan and others. Everest contended it had acquired the film’s rights from Kondke’s heir...
Bombay High Court Directs Dept. To Issue A Fresh Form-3 Under DTVSV After Giving Credit Of The Amount Paid Under The IDS
The Bombay High Court has held that the money lying in the corpus of the revenue had simply to be adjusted by way of a mathematical exercise and benefit accorded to the petitioner under the Direct Tax Vivad Se Vishwas Act, 2020 (DTVSV).The bench of Justice Dhiraj Singh Thakur and Justice Kamal Khata directed the department to issue a fresh Form-3 after giving the petitioner credit for the...
Child Custody Orders Can't Be Rigid And Final, Can Be Moulded Keeping In Mind Needs Of Child At Various Stages Of Life: Bombay High Court
Child custody orders can be altered and moulded at various stages of a child’s life keeping in mind his welfare, the Bombay High Court has observed.A single bench of Justice Neela Gokhale allowed a man to re-approach the Family Court to alter the mutual consent divorce terms with his ex-wife regarding child access, owing to the wife’s remarriage.“They (custody orders) are capable of...
Employer Not Compulsorily Required To Sack Employee For Suppression Of Pendency Of A Criminal Prosecution: Bombay High Court
The Bombay High Court recently clarified that an employer is not bound to terminate an employee who suppresses the fact about the pendency of a criminal case against him.A division bench of Justice Rohit B Deo and Justice Anil L Pansare said that suppression by a person on a higher post which may be sensitive in nature may be on a different pedestal than suppression by a Class IV employee who...
Bombay High Court Orders State Govt To Return Two Flats To 93 Yrs Old Woman Over 80 Years After Requisition
The Bombay High Court on Thursday directed the Maharashtra government to handover possession of two South Mumbai flats back to the owner, a 93-year-old woman, over eighty years after they were requisitioned in 1942.A division bench of Justice RD Dhanuka and Justice MM Sathaye partially allowed a writ petition filed by one Alice D’souza, owner of the flats, to the extent of directing...