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 Government Resolution (GR) issued on March 15, 2010, and therefore, categorised him for 22 years imprisonment - a...

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 US food joint, the judges orally observed that their division bench will be the last "fact-finding"...

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...

Bombay High Court Fines Licensee Rs 5 Lakh For 'Harassing Landowners' Regarding Compensation For Land Acquired For Kohlapur Airport

The Bombay High Court has imposed a cost of Rs. 5 lakh on a litigant for claiming untenable tenancy rights in a land, despite being a mere licensee. In doing so the court found litigant's plea to be abuse of the process of law, intended to harass the landowners. It said that the petitioner, without having a semblance of a right pertaining to the ownership of land of three respondents, which...

Bombay High Court Issues Interim Injunction Against 'DESIMOCHI' Over Trademark Infringement Of Metro Footwear's 'MOCHI'

The Bombay High Court has issued a temporary injunction in favour of the popular footwear brand Metro Brands Limited, against trademark infringement of its 'MOCHI' marks.The plaintiff Metro stated that it has been using the 'MOCHI' mark since 1977 and its goods are sold through various e-commerce platforms. In 2016, Metro began selling goods with 'MOCHI' marks under the domain...

S.9 Application Not Appropriate For Relief Against Non-Signatory When There Is No Dispute Between Parties To Be Referred To Arbitration: Bombay HC

The Bombay High Court bench of Justice Arif S. Doctor has held that Section 9 of the A&C Act is not the correct mechanism to obtain relief against an entity when the privity of contract is absent between Factual Overview: The dispute arose regarding a Redevelopment Agreement (RDA) and a Supplementary Agreement (SA) dated 20 July 2022. The agreement was entered between...

Delivering Child In Jail Will Certainly Impact Both Mother And Child: Bombay High Court Grants Bail To Pregnant Prisoner

The Nagpur bench of the Bombay High Court on Wednesday (November 27) granted six months bail to a pregnant prisoner for her delivery, observing that delivering the child in the jail atmosphere would certainly impact not only the mother but also the child.Single-judge Justice Urmila Joshi-Phalke granted bail to a woman booked under the stringent Narcotics Drugs and Psychotropic Substances...