Bombay High Court
Dispute Over Ownership Of Facebook Group Not A Trademark Dispute: Bombay High Court
The Bombay High Court recently held that the dispute over ownership of a Facebook Group is not a trademark dispute and can be decided by the Civil Court.Justice Nitin W Sambre set aside Civil Court’s decision that it did not have jurisdiction over the dispute of ownership of the Facebook Group called The Himalayan Club.“the conclusion drawn by the Court below that the dispute involved in...
National Anthem Disrespect Case: Bombay High Court Dismisses Mamta Banerjee's Plea To Quash Case Filed By BJP Functionary
The Bombay High Court on Wednesday dismissed the criminal application filed by West Bengal's CM Mamta Banerjee seeking to quash the complaint filed against her for allegedly disrespecting the National Anthem in 2022.Banerjee had assailed an order of the Sessions Court which though set aside the order of issuance of process against her for offence under Section 3 of Prevention of Insults...
Antilia Bomb Scare-Mansukh Hiren Murder Case: Bombay High Court Refuses To Order Probe Against Former Mumbai Police Commissioner Parambir Singh
The Bombay High Court recently dismissed a writ petition seeking investigation into former Mumbai Police Commissioner Parambir Singh in connection with the Antilia Bomb Scare-Mansukh Hiran Murder Case.A division bench of Justice Sunil B Shukre and Justice Kamal Khata held that the petition is based on hearsay evidence and does not disclose any offence at the hands of Singh.“the averments...
Levelling Allegations Against Spouse In Newspaper Whether Defamatory Or Not Lowers Reputation: Bombay High Court Upholds Divorce Decree
The Bombay High Court recently observed that the wife’s reputation is lowered by the mere fact that husband has made allegations against her in a newspaper, whether or not the news report is actually defamatory.A division bench of Justice RD Dhanuka and Justice MM Sathaye was dealing with a matrimonial dispute in which the husband published allegedly defamatory news about his wife in...
Coercive Measures Preventing Residents From Feeding Stray Dogs An Offence: Bombay High Court To Housing Society
"To hate the stray dogs and/or treat them with cruelty can never be an acceptable approach, from persons of civil society," the Bombay High Court observed urging a housing society to take a compassionate view over feeding of stray dogs."If the Society continues to take any coercive measures as noted by us above and by physical force, persons like the petitioner are prevented from taking care...
No Maintenance Under Domestic Violence Act For "Refusal Or Neglect" To Maintain Wife: Bombay High Court
When no domestic violence is found in a domestic violence case, maintenance cannot be awarded to wife on the ground that husband refused and neglected to maintain her, the Bombay High Court held recently.Justice SG Mehare of Aurangabad bench observed that the concept of “refusal and neglect to maintain wife” given in section 125 CrPC does not exist in the Protection of Women From...
Custodial Torture Not Official Duty: Bombay Hight Court Directs Sessions Court To Enhance Charges Against Police Officers From Hurt To Murder
Observing that a sanction isn’t required to prosecute police officers in cases of death due to custodial torture, the Bombay High Court directed a Special CBI Court to charge three police officers with murder of a 23-year-old man in 2009.Justice PD Naik set aside an order of the Sessions Court simply upholding charges under section 323 (hurt) of the IPC, based on the CBI’s investigation,...
Assessee Became Victim Of Lacuna In SVLDR Scheme Software: Bombay High Court Quashes Rejection Of Declaration
The Bombay High Court has quashed and set aside the rejection of the Petitioner’s declaration for SVLDRS-1.The division bench of Justice Nitin Jamdar and Justice Abhay Ahuja has observed that the petitioner/assessee was a victim of the lacuna in the software governing the Sabka Vishwas (Legacy Dispute Resolution) (SVLDR) Scheme, 2019 where the Petitioner could not have selected the option...
Arbitrator Can’t Apply Principles Of Equity In Absence of Authorization of Parties: Bombay High Court
The Bombay High Court has reiterated that the doctrine of severability can apply to arbitral awards, so long as the objectionable part can be segregated. The Court added that if the award is partially set aside by applying the doctrine of severability, the same would not amount to modification or correction of the errors of the arbitrator. The bench of Justice Manish Pitale...
Intention Appears To Be Enlightenment Of Society; No Offence: Bombay High Court On Ex-Governor Koshyari's Statements About Shivaji Maharaj
Observing that former Maharashtra Governor Bhagat Singh Koshyari’s statements were an analysis of history and the lessons to be learnt from it, the Bombay High Court dismissed a writ petition seeking criminal action against him for his statements about Chhatrapati Shivaji Maharaj, Savitribai Phule and Jyotirao Phule.A division bench of Justice Sunil B Shukre and Justice Abhay S...
Actor Nawazuddin Siddiqui Files Defamation Suit In Bombay High Court Against Brother, Ex-Wife; Seeks Rs 100 Crore In Damages
Actor Nawazuddin Siddiqui has approached the Bombay High Court claiming damages worth Rs. 100 Crores against his brother Shamsuddin and his former wife Anjana Pandey for alleged defamation and harassment.A writ petition against Pandey filed by Siddiqui is also pending before the HC seeking the whereabouts of his children who are in Pandey's custody.The defamation suit will be heard by...
Winning Bidder Cannot Challenge Tender Cancellation After Accepting Refund Of Deposit: Bombay High Court
The Bombay High Court recently held that once the winning bidder of a tender accepts the refund of deposit paid to confirm the contract without any reservation, he cannot challenge the cancellation of the tender as the contract would stand rescinded.A division bench of acting Chief Justice SV Gangapurwala and Justice Sandeep V Marne upheld the cancellation of Central Government’s tender...