Bombay High Court

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Bombay High Court Dismisses Contempt Petition for Alleged Willful Disobedience of Interim Orders in Arbitration Dispute. Court holds that orders were not sufficiently clear and specific to warrant contempt proceedings, and the remedy lies in execution....

The petitioner, Sri Sai Krishna Constructions, filed a contempt petition alleging willful disobedience of two orders passed by the Bombay High Court in arbitration-related petitions. The dispute arose...

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Bombay High Court Grants Permanent Injunction in Trademark Infringement and Passing Off Suit — Aglowmed Limited v. Aglow Pharmaceuticals Private Limited. Plaintiff's registered trademark 'AGLOWMED' held infringed by defendant's use of 'AGLOW' for pharmaceutical products, and defendant restrained from using deceptively similar name....

The plaintiff, Aglowmed Limited, filed a suit seeking a permanent injunction restraining the defendant, Aglow Pharmaceuticals Private Limited, from using the trading name 'AGLOW' or any deceptively si...

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Bombay High Court Allows Petition of Waitlisted Candidate Denied Appointment Due to Non-Disclosure of Arrest — Non-Communication of Adverse Material Violates Natural Justice. Petitioner's Candidature for Clerk-Typist Upheld as Non-Disclosure Was Not Suppression of Material Facts....

The petitioner, Nilesh Triyambak Pasarkar, applied for the post of Junior Clerk in response to an advertisement dated 8.7.2013 issued by the Bombay High Court for clerical positions in subordinate cou...

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High Court of Bombay at Aurangabad Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. The Court held that the deceased, a pillion rider on a motorcycle driven by a minor without a license, contributed to the accident by not wearing a helmet, reducing the insurer's liability to 50%....

The case arises from a motor accident claim petition filed by the legal representatives of a deceased pillion rider. The deceased was riding pillion on a motorcycle driven by a minor without a valid d...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Courts Below. Court holds that substantial questions of law under Section 100 CPC must be framed at the time of admission and cannot be raised later....

The present Second Appeal was filed by the original defendants challenging the concurrent judgment and decree passed in Regular Civil Suit No. 115/2004 by the Second Joint Civil Judge, Junior Division...

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Bombay High Court Allows Writ Petition Challenging Scrutiny Committee's Rejection of Scheduled Tribe Claim. Pre-Constitutional Revenue Record Showing 'Mana' Caste Held Sufficient to Establish Tribal Status....

The petitioner, Santosh son of Patiram Gaikwad, filed a writ petition challenging the order of the Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli, which rejected his claim for a Scheduled ...

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue....

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XXXVII of the Code of Civil Procedure, 1908. The sui...

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Bombay High Court Allows Writ Petition Challenging Retrospective Demand of Market Fee and DPC Under Maharashtra Agricultural Produce Marketing Act. Market Committee Cannot Levy Fee on Transactions Prior to Notification of Market Area Under Sections 26 and 27 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963....

The petitioner, M/s. Arasa Hotels Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging a demand notice dated 21-2-2012 issued by the...

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Bombay High Court Allows Tenant's Petition in Tenancy Dispute Over Delayed Payment of Purchase Price. Belated payment with interest and penalty before landlord's application does not render sale ineffective under Bombay Tenancy and Agricultural Lands Act, 1948....

The petitioners, Baburao Pandurang Madane and Vithal Pandurang Madane, were tenants of agricultural land survey No. 39/1 at village Kusmod, Taluka Malshiras, District Solapur, under the Bombay Tenancy...