Bombay High Court
Bombay High Court Holds Tea Brand 'GIRNAR' As Well-Known Trademark In India, Says It Has Become A 'Household Name'
The Bombay High Court has held the popular food and beverage mark–'GIRNAR' as a well-known trademark in India within the meaning of the Trade Marks Act, noting that its recognition and goodwill extends beyond any specific class of goods or services.In doing so the court also observed that the trade mark 'GIRNAR' has indeed become a household name in India. The High Court was considering a...
PIL in Bombay High Court Challenges Motor Vehicles (Amendment) Act, 2019
A Public Interest Litigation (PIL) has been filed in the Bombay High Court challenging the Motor Vehicles (Amendment) Act, 2019.The petitioner is an association of lawyers practicing at the Motor Accident Claim Tribunal (MACT) in Mumbai. The petitioner contends that the amended Act has brought several changes detrimental to the interests of victims of road accidents and their families. On...
'Prima Facie' BMC Has Failed To Control The Menace Of Illegal Hawkers: Bombay High Court
The Bombay High Court on Wednesday, while castigating the Brihanmumbai Municipal Corporation (BMC) for 'failing' to control the menace of illegal hawkers within Mumbai, said it will now have a 'pragmatic' approach to resolve this long pending issue.A division bench of Justices Ajay Gadkari and Kamal Khata was irked to note that despite the 'tall claims' of the BMC in its earlier affidavits...
Woman Advocates Seeks Senior Designation After Completing 10 Years Of Practice, Cites Fundamental Duties; Bombay High Court Rejects Plea
The Bombay High Court on Monday (October 21) dismissed the plea filed by a woman advocate, who sought to be designated as a 'senior advocate' in view of her completing 10 years in legal practice.A division bench of Justices Nitin Sambre and Vrushali Joshi noted that the petitioner advocate - Manjeet Kaur (47), sought senior designation while relying on section 16 (which provides for...
Bombay High Court Directs Mumbai University To File Affidavit On Minimum Attendance Requirement In PIL Over Law Students 'Absenteeism'
The Bombay High Court has directed the University of Mumbai to file an affidavit on whether the university has prescribed any minimum attendance for students to be eligible for writing the examinations.The issue concerns a PIL filed by a law professor from Mumbai University seeking enforcement of mandatory attendance requirements among law students enrolled in various colleges affiliated with...
Bombay High Court Denies Anticipatory Bail To Father Of Another Minor Who Was Present In The Pune Porsche Car During Accident
The Bombay High Court on Wednesday dismissed the anticipatory bail application filed by the father of the second minor in the Pune Porsche accident, who was sitting next to the main accused - a Child in Conflict with Law (CCL), who allegedly was driving the car on May 19, 2024 in a high speed and killed two youth after mowing them down.Single-judge Justice Manish Pitale noted that the...
Tribunal's Award However Erroneous, Must Be Challenged U/S 34 Of Arbitration Act, Court Cannot Exercise Writ Jurisdiction: Bombay HC
The Bombay High Court Bench of Justice Arun R. Pedneker held that when the 'Award' is made by the Facilitation Council / Tribunal by exercising jurisdiction vested in it, however erroneous the 'Award' may be, the same has to be challenged only by invoking Section 34 of the Arbitration Act. This court would not exercise jurisdiction under Articles 226 and 227 of the Constitution of...
Non-Disposal Of Application For Registration U/S 12AA Of IT Act Within 6 Months Doesn't Result In "Deemed Registration”: Bombay High Court
Referring to decision of CIT vs. Harshit Foundation Sehmalpur, the Bombay High Court reiterated that Sec 12AA(2) does not make any provision, to the effect that non-deciding of the registration application u/s 12AA(2) within a period of six months, brought about a deemed registration. The Division Bench of Justice G. S. Kulkarni and Justice Firdosh P. Pooniwalla clarified...
Centre Notifies Appointment Of 5 Advocates As Additional Judges Of Bombay High Court
The Union government on Wednesday notified the appointment of five advocates as additional judges of the Bombay High Court for two years.The five advocates are:Nivedita Prakash Mehta;Prafulla Surendrakumar Khubalkar;Ashwin Damodar Bhobe;Rohit Wasudeo Joshi; andAdvait Mahendra Sethna.The Supreme Court collegium had recommended their names for elevation on September 24.The Bombay High Court...
Nagpur Improvement Trust Asking To Vacate Land In 30 Days 'Waives' 2 Month Notice Allottee Has To Give Before Filing Lawsuit: Bombay HC
In a case concerning the interpretation of Section 115 of Nagpur Improvement Trust (NIT) Act wherein a person can sue the authority only after two months from the expiry of his notice to the authority, the Nagpur Bench of the Bombay High Court said that NIT's conduct in asking a party to vacate a land in 30 days in turn amounted to a waiver of Section 115's mandate. For context, Section 115...
Bombay High Court Grants Bail To Chhota Rajan In Hotelier Murder Case, Suspends Life Sentence
The Bombay High Court has granted bail to gangster Chhota Rajan, who was convicted for the murder of hotelier Jaya Shetty in 2001. On May 30, 2024, a special MCOCA Court convicted Rajan along with others and sentenced him to life imprisonment. This was Rajan's second life sentence and he is already serving time for the 2011 murder of journalist Jyotirmoy Dey. Today, a division bench...
Bombay HC Holds 'Income From Leasing Of Property' As 'Income From Business', Says Deciding Factor Is Not Ownership But Nature Of Activity
The Bombay High Court held that assessee had correctly accounted income from leasing out of properties under the head 'income from profits & gains of businesses', and not as 'income from house property'. The High Held so after finding that income of assessee is derived from letting out of the properties, which in fact, is the principal business of the assessee as seen from its...