Bombay High Court
Bombay High Court Refuses Interim Relief To PhonePe In Trademark Infringement Suit, Says Contradictory Stands Taken On Meaning Of ‘Pe’
The Bombay High Court refused to grant interim relief to PhonePe for alleged infringement of its trademark “PhonePe” by Resilient Innovations’ trademark “postpe”. Justice Manish Pitale cited contradictions between PhonePe’s stand taken before the Delhi High Court and the Bombay High Court regarding the meaning of the term “Pe”. “It appears that the endeavour of the plaintiff is to claim that, 'pe' may connote 'payment' but, in its registered trademark, it refers to the colloquial...
Bombay High Court Refuses Interim Relief To PhonePe In Trademark Infringement Suit, Says Contradictory Stands Taken On Meaning Of ‘Pe’
The Bombay High Court refused to grant interim relief to PhonePe for alleged infringement of its trademark “PhonePe” by Resilient Innovations’ trademark “postpe”.Justice Manish Pitale cited contradictions between PhonePe’s stand taken before the Delhi High Court and the Bombay High Court regarding the meaning of the term “Pe”.“It appears that the endeavour of the plaintiff is...
JEE Mains | Why 75% Marks In XII Boards Mandatory When There Is A Qualifying Exam? Bombay High Court Asks NTA
The Bombay High Court on Thursday sought to know the purpose of eligibility criteria of 75 percent marks in boards despite there being a qualifying exam for admission to IITs, NITs, IIITs etc. The court asked the NTA, "What is the purpose for giving 75 percent for twelfth standard? There is a qualifying examination."A division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep...
Limited Remedy Available Under S. 34 Of A&C Act Against Award Of Compensation Under NHA, Is Not A Ground To Invoke HC’s Writ Jurisdiction: Bombay High Court
The Bombay High Court has ruled that though the scope for challenging the compensation awarded by the Arbitrator to the landowners under Section 3-G (5) of the National Highways Act, 1956 (NHA) is limited to the parameters provided under Section 34 of the Arbitration and Conciliation Act, 1996 (A & C Act), the same cannot be a ground to invoke the High Court’s writ jurisdiction...
[False Promise To Marry] One Person Can't Be Prosecuted For Rape Merely Because Mutual Relationship Turned Sour: Bombay High Court
When two people invest in a relationship, one of them cannot be blamed merely because the other alleged rape after things went south and the relationship didn’t culminate into a marriage, the Bombay High Court observed while discharging a man accused of raping his girlfriend since eight years.Justice Bharati Dangre set aside the trial court’s order refusing to discharge the man...
[Amruta Fadnavis Complaint] Bombay High Court Dismisses Bookie Anil Jaisinghani's Plea Alleging Illegal Arrest
The Bombay High Court on Monday dismissed bookie Anil Jaisinghani's plea alleging illegal arrest in the case filed by deputy chief minister Devendra Fadnavis's wife - Amruta Fadnavis.The bench of Justice AS Gadkari and PK Naik passed the order. Fadnavis has alleged that Aniksha Jaisinghani, Anil Jaisinghani's daughter, attempted to bribe her with Rs 1 Crore to seek her “intervention” in...
Father Cannot Avoid Paying Maintenance To Child By Seeking Frivolous Paternity Test: Bombay High Court
The Bombay High Court recently held that a child can be ordered to undergo paternity test only in exceptional cases and father’s attempt to avoid paying maintenance to son by seeking DNA testing should be thwarted at the very inception.Justice GA Sanap of the Nagpur bench dismissed a man’s plea seeking paternity test of a child born during cohabitation with his wife. The man did not...
Bombay High Court Criticizes Sessions Judge For Giving "Single-Line" Reasoning While Setting Aside Magistrate's Detailed Order
The Bombay High Court recently criticized a sessions judge for giving a single line reasoning to set aside a well-reasoned order passed by the judicial magistrate.Justice SG Mehare of the Aurangabad bench said that while writing a judgement in appeal, the court has to appreciate the case as if it is a trial before it.“…the learned Additional Sessions Judge has recorded a single-line...
Motor Accident | Remarriage Not A Taboo Against Compensation To Widow Of Deceased: Bombay High Court
The Bombay High Court recently held that remarriage will not disentitle the widow of a deceased in a motor accident from receiving compensation.Justice SG Dige observed that remarriage cannot be a taboo against motor accident compensation –“One cannot expect that for getting compensation of deceased husband, the widow has to remain widow for life time or till getting...
Bombay High Court Stays Felling Of 177 Trees At Aarey Colony, Asks MMRCL To First Seek Clarification From Supreme Court
The Bombay High Court restrained the Mumbai Metro Rail Corporation from felling 177 trees at Aarey Forest without the MMRCL seeking a clarification from the Supreme Court.A division bench comprising Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne reasoned that the Tree Authority couldn’t have permitted MMRCL to cut 177 trees despite the Supreme Court allowing it to...
Transgender Person Who Underwent Surgery To Change Gender To Female Can File Complaint Under Domestic Violence Act: Bombay High Court
The Bombay High Court recently held that a transgender woman who has undergone sex re-assignment surgery can be an “aggrieved person” under the Domestic Violence Act and has the right to seek interim maintenance in a domestic violence case.Justice Amit Borkar dismissed a man’s petition challenging maintenance awarded to his wife, a trans-woman, observing –“…the Transgender who...
Bombay High Court Weekly Round-Up: March 19 To March 25, 2023
Nominal Index [Citation 148 - 158]Seawoods Estates Ltd. v. Mona Mohan And Ors. 2023 LiveLaw (Bom) 148Terezinha Martins David v. Miguel Guarda Rosario Martins and Ors. 2023 LiveLaw (Bom) 149National Textile Corporation Ltd vs. Elixir Engineering Pvt Ltd & Anr. 2023 LiveLaw (Bom) 150Raj Shrikant Thackeray v. State of Maharashtra 2023 LiveLaw (Bom) 151Mahadev Gaur Bishwas v. State of...