Ex-Cop Sachin Waze Moves Bombay High Court Seeking Interim Bail In Antilia Bomb Scare Case

Former Assistant Police Inspector Sachin Hindurao Waze, has moved an application before the Bombay High Court seeking interim bail in relation to the Antilia bomb scare case.Waze was arrested by the National Investigation Agency (NIA) on 13 March 2021 for allegedly placing an explosive-laden vehicle near Mukesh Ambanis's residence Antilia in Mumbai. He was charged under Sections 16 and 18 of...

Bombay High Court Upholds Post-Graduate Medical Admission Criteria For Domiciled Candidates Who Obtained MBBS Degree Outside Maharashtra

The Bombay High Court has upheld the framework for PG medical course admission in Maharashtra which mandates domiciled candidates who obtained MBBS degree outside the State, to have secured admission to MBBS course under the All-India Quota in any Government Medical College or the All India Institute of Medical Sciences or any other Central Government Institution, to be eligible for...

State Can't Treat Similarly Situated Parties Differently: Bombay High Court Orders Release Of ₹75 Lakhs Export Subsidy To Manufacturer

While directing the State Government to release an export subsidy amount of Rs. 75 lakhs to a manufacturer, the Bombay High Court observed that denying the subsidy to the manufacturer after it was disbursed to a similarly situated manufacturer, would violate Article 14 of the Constitution.The Court noted that non-payment of subsidy to the manufacturer would amount to treating identically...

"Maintainability" And "Jurisdiction" Cannot Be Conflated While Deciding Application U/S 20 Of Arbitration Act, 1940: Bombay HC

The Bombay High Court bench of Justice Amit Borkar has held that maintainability and jurisdiction cannot be used interchangeably as they connote different things. Lack of jurisdiction results in the nullity of proceedings, as the court inherently lacks authority to adjudicate. Non-compliance with maintainability bars leads to dismissal without deciding the merits of the case but does...

Strangulating Pregnant Wife To Death Not Exceptionally Violent Or Brutal: Bombay High Court Declares Husband Eligible For Remission

Strangulating a pregnant wife to death over unfulfilled dowry demands, is not exceptionally violent or brutal, held the Bombay High Court at Nagpur, while granting remission to a police personnel, convicted for killing his pregnant wife.A division bench of Justices Nitin Sambre and Vrushali Joshi held that the petitioner - Pradipsingh Thakur was eligible for remission under the...

Bombay High Court Stays Trial Court Order Permitting Pune-Based Food Joint To Use 'Burger King' Trademark

The Bombay High Court on Monday stayed an order of a local Court and restrained a Pune-based food joint from using the trademark 'Burger King', granting relief to the United States food giant 'Burger King.'A division bench of Justices Atul Chandurkar and Rajesh Patil stayed the order while admitting the appeal filed by Burger King against the Pune Court's verdict. While granting relief to the...

Plea In Bombay HC Challenges MBBS Seat Allotment, Says State Applied Different Rules For Specified & Constitutional Reservations

A petition has been filed in the Bombay High Court challenging a seat allotment process for the MBBS course by the State CET Cell, arguing that the State has applied different rules for specified reservations and constitutional reservations.Today, the counsel for the petitioner argued that the State has made different rules for specified reservations, which include hilly areas, handicap,...

SARFAESI And Arbitration Proceedings Can Proceed Parallely As Nature Of Both Proceedings Is Distinct: Bombay High Court

The Bombay High Court bench of Justice Advait M Sethna has affirmed that SARFAESI proceedings are in the nature of enforcement proceedings, while arbitration is in the context of an adjudicatory proceedings. The SARFAESI proceedings and arbitration proceedings thus can proceed parallely. The court further observed that the role of referral court under section 11 of the Arbitration Act...

Bombay High Court Passes John Doe Order Against Threat Of Leaking HDFC Life's Customer Data

In a ransomware extortion threat against HDFC Life that sought to leak its customers' confidential information, the Bombay High Court has issued a temporary injunction against unknown defendants from publishing, distributing or disclosing the personal data of HDFC's customers.The Court also directed social media intermediaries including WhatsApp and Telegram to remove access to the...

After Execution Of Sale Deed, Arbitration Clause Mentioned In Agreement For Sale Becomes Ineffective: Bombay High Court

The Bombay High Court Bench of Justice R. I. Chagla has held that the Agreement for sale has come to an end by the execution of the Deed of Conveyance / Sale Deed. It is well settled that once a Conveyance is executed, the object, purpose, effectiveness and validity of the Agreement for sale comes to an end. Therefore, the arbitration clause in the Agreement comes to an end as the...

Bombay High Court Weekly Round-Up: November 25 - December 01, 2024

Citations: 2024 LiveLaw (Bom) 611 to 2024 LiveLaw (Bom) 617Nominal Index:Mihir Shah vs. State, 2024 LiveLaw (Bom) 611High Court of Judicature at Bombay on its Own Motion vs. Mayur Gulabrao Patil & anr., 2024 LiveLaw (Bom) 612Mahindra and Mahindra Ltd. vs. Union of India & ors., 2024 LiveLaw (Bom) 613Neilan International Co Ltd vs Powerica Ltd, 2024 LiveLaw (Bom) 614SS vs State...

Bombay High Court Temporarily Restrains Recruitment Website From Infringing Hind Rectifiers Ltd's 'HIRECT' Trademark

The Bombay High Court has issued a temporary injunction restraining Chrome21 India Pvt. Ltd. from infringing semiconductor manufacturer Hind Rectifiers Limited's registered trademark called 'HIRECT'.In doing so the court observed that the defendant company had "dishonestly adopted" mark after noting that the defendant's mark was identical to plaintiff's and was for the same class of goods...