Bombay High Court

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Bombay High Court Allows Admission of ST Student Despite Pending Validity Certificate, Emphasizing Right to Education. Court directs provisional admission based on father's valid tribe certificate and pending scrutiny application....

The petitioner, Kedar Nandkishor Pawar, an 18-year-old student belonging to the Thakur Scheduled Tribe, filed a writ petition before the Bombay High Court at Nagpur. He had passed his 12th standard ex...

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Bombay High Court Upholds Reduced Maintenance and Compensation in Domestic Violence Case — Husband's Limited Income Justifies Modification. Reduction of maintenance from Rs.10,000 to Rs.5,000 each for wife and son and compensation from Rs.2,00,000 to Rs.50,000 under Sections 20 and 22 of Protection of Women from Domestic Violence Act, 2005 upheld....

The case involves two criminal writ petitions filed by a wife (Vibha Ashpillya) and her husband (Shailesh Ashapillya) challenging a judgment and order dated 22/07/2024 passed by the learned Sessions J...

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High Court of Bombay at Goa Quashes Reopening of Inventory Proceedings and Remands Will Validity Inquiry — Failure to Conduct Proper Inquiry Under Section 446 of Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. The court held that reopening concluded proceedings without notice and dismissing a Will challenge without evidence is unsustainable....

The petitioners, Maria Marta Vaz and Agnelo Constancio Vaz, challenged two orders: (1) an order dated 15.10.2022 by the Civil Judge Senior Division at Mapusa reopening Inventory Proceedings Case No.15...

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Bombay High Court Grants Interim Injunction Against Defendant in Trademark Infringement and Passing Off Suit — Use of 'KATARIA INSURANCE' Held Deceptively Similar to Plaintiff's Registered Marks 'KATARIA' and 'KATARIA INSURANCE CONSULTANCY' Under Trade Marks Act, 1999....

The plaintiff, Bhavesh Suresh Kataria, proprietor of Kataria Jewellery Insurance Consultancy, filed a suit for trademark infringement and passing off against Kataria Insurance Brokers Pvt. Ltd. The pl...

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Bombay High Court Allows Writ Petition Against Insurance Company's Refusal to Accept Voluntary Retirement Application. Held that the employer cannot unilaterally reject a voluntary retirement application after the employee has completed the notice period and the application was accepted by the competent authority....

The petitioner, Nitinkumar Bhagawandas Mansata, a retired employee of The New India Assurance Company Ltd., filed a writ petition before the Bombay High Court seeking a direction to the company to acc...

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Bombay High Court Grants Permanent Injunction in Trademark Infringement and Passing Off Suit — 'HAYWARDS 5000' v. 'COX 5000'. The court held that the Plaintiff's registered trademarks 'HAYWARDS 5000' and 'FIVE THOUSAND' were infringed by the Defendants' use of 'COX 5000', and the Defendants were restrained from using the impugned mark....

The Plaintiff, Anheuser Busch Inbev India Ltd., filed a suit for permanent injunction restraining the Defendants, Jagpin Brewerise Limited & Ors., from infringing its registered trademarks 'HAYWARDS 5...

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Bombay High Court Dismisses Section 34 Petition Challenging Arbitral Award Rejecting Contractor's Claims for Railway Maintenance Contract. Court upholds award on grounds of no patent illegality or perversity, finding that the arbitrator's decision was based on proper appreciation of evidence and contractual terms....

The petitioner, M/s. Amit Engineers, a government contractor, was awarded a work order by the Central Railway for an annual maintenance contract of RMPUs in AC coaches for a period of three years from...

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High Court of Judicature at Bombay Dismisses Revision Applications by Original Defendants Seeking Rejection of Plaint Under Order VII Rule 11 of Code of Civil Procedure, 1908. Limitation Held a Mixed Question of Law and Fact Requiring Trial; Plaint Disclosed Cause of Action Based on Discovery of Will in 2013, Suit Not Barred at Threshold....

The dispute arose from a suit for specific performance and cancellation of documents concerning a large tract of land in Kothrud, Pune. The plaintiff, Rajesh Chandrakant Shinde, claimed rights under a...

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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Loan Transaction. Court holds that a document styled as an agreement to sell cannot be recharacterized as a loan transaction without clear evidence of a loan and that the plaintiff must prove the agreement and readiness and willingness to perform....

The appellant (original plaintiff) filed a suit for specific performance of an agreement to sell dated 1st August 1996, whereby the respondent (original defendant) agreed to sell a flat for Rs. 6,50,0...