Bombay High Court

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Bombay High Court Dismisses Writ Petition Challenging Arbitral Tribunal's Jurisdictional Order as Not Maintainable. Remedy Lies Under Section 34 of Arbitration and Conciliation Act, 1996 After Final Award....

The petitioner, Tirupati Shopping Centre Premises Co-op. Society Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, challenging an ord...

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Bombay High Court Grants Interim Injunction to Plaintiff in Copyright Dispute Over Film 'Sheela' — Prima Facie Finding of Valid Assignment Chain. Court holds that registered assignments under Section 48 of the Copyright Act, 1957 prevail over unregistered subsequent assignments....

The dispute concerns the copyright in the 1987 Hindi motion picture 'Sheela', originally produced by BS Dwarakish. Goldmines Telefilms Pvt Ltd filed a commercial IP suit seeking an interim injunction ...

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Bombay High Court Quashes FIR Against Journalist in Trade Mark Act Case — Use of Logo in News Articles Not 'False Application' Under Section 103. Journalist's use of Sakal Group's registered trade mark in two critical articles held to be fair use for news reporting, not an offence under Section 103 of the Trade Marks Act, 1999....

The petitioner, Prateek Chandragupt Goyal, a journalist working with the online news portal 'Newslaundry', filed a writ petition seeking quashing of a First Information Report (FIR) registered against...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award — Holds That Single Judge Erred in Setting Aside Award on Grounds of Patent Illegality and Public Policy. The Court Reinstated the Arbitral Tribunal's Findings on Oral Agreement and Quantum of Damages....

The appellant, Ratnam Sudesh Iyer, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment of a learned Single Judge of the Bombay High Court, which had all...

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Bombay High Court Dismisses Appeal Against Refusal of Interim Injunction in Trademark 'Covishield' Passing Off Dispute. Cutis Biotech failed to establish prima facie case of passing off as the mark 'Covishield' is descriptive and not exclusively associated with the appellant....

The dispute concerns the trademark 'Covishield'. The appellant, Cutis Biotech, a sole proprietorship, filed a suit in the Commercial Court at Pune seeking an interim injunction to restrain the respond...

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Bombay High Court Dismisses Appeal Against Interim Relief in Franchise Dispute Under Section 9 of Arbitration Act. Prima Facie Case and Balance of Convenience Justify Injunction Against Termination of Franchise Agreement....

The appellant, Arnav Enterprises, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the ad-interim relief granted by the learned Single Judge in favor of the ...

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Bombay High Court Allows Daughter's Petition to Quash DV Act Proceedings Initiated by Mother. No Allegations of Domestic Violence Made Against Daughter, Only That She Supported Father....

The petitioner, Vanisha Vincent Rodrigues, a 23-year-old daughter, filed a writ petition before the Bombay High Court seeking quashing of proceedings initiated by her mother, Jyoti Vincent Rodrigues, ...

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Bombay High Court Allows Writ Petition Challenging Invalidity of Thakar Caste Certificate - Committee's Rejection Set Aside for Ignoring Probative Pre-Constitutional Documents. Pre-constitutional school records showing 'Hindu-Thakar' caste have high probative value and cannot be ignored by Scrutiny Committee....

The petitioners, Satish Janardan Thakur and his son Anirudh Satish Thakur, filed a writ petition under Article 226 of the Constitution of India challenging the judgment and order dated 15th June 2016 ...

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Bombay High Court Allows Tribal Landowner's Petition Challenging Refusal of Prior Approval Under Section 36A of Maharashtra Land Revenue Code. Government Circular Cannot Override Statutory Provisions for Sale of Tribal Land....

The petitioner, Kisan Songya Bangara, a tribal agriculturist, owned land in Valshind, Thane. He sought to sell the land to respondent No. 6, a non-tribal, due to financial need. Under Sections 36 and ...

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Bombay High Court Quashes Collector's Refusal to Grant Prior Approval Under Section 36A of Maharashtra Land Revenue Code for Sale of Tribal Land. Failure to Consider Petitioner's Application on Merits and Reliance on Unrelated Government Circular Renders Impugned Orders Unsustainable....

The petitioner, Kisan Songya Bangara, a tribal agriculturist, along with his family members, owned land bearing Survey No.46/2 (12.1 Ares) and Survey No.46/3 (61.7 Ares) at Mouje Valshind, Taluka Bhiw...