Bombay High Court

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Bombay High Court Dismisses Petition Challenging Withdrawal of Composite Suit for Trademark and Design Infringement with Liberty to File Separate Suits. Trial Court Retains Jurisdiction to Permit Withdrawal Despite Section 19 Defence Under Designs Act, 2000, as Section 22(4) Does Not Mandate Immediate Transfer....

The petitioner, Essdee Industries, challenged an order of the District Court at Pune that allowed the respondent, Esbee Eectrotech LLP, to withdraw its composite suit for infringement of registered tr...

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Bombay High Court Allows Writ Petition Challenging Tribunal's Order in Service Transfer Dispute — Transfer on Request Cannot Be Challenged; Tribunal's Direction for Reconsideration Set Aside....

The petitioner, Ganesh Jairam Jagdale, a Tahsildar, challenged a common judgment dated 22/10/2020 of the Maharashtra Administrative Tribunal, Nagpur Bench, in Original Application No.597/2020. The pet...

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Bombay High Court Upholds Life Conviction for Murder Based on Circumstantial Evidence and Motive. Acquittal of Co-accused Maintained Due to Lack of Evidence of Common Intention....

The case involves two appeals arising from a common judgment of the Sessions Judge, Washim in Sessions Case No. 9/2016. The appellant in Criminal Appeal No. 6/2017, Ambadas Kisan Gadekar, was convicte...

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High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Inference of Insurance Drawn from Form Comp AA and Charge-Sheet. The court held that the insurer failed to disprove the existence of the policy, and the claimant's income from vegetable selling and future prospects require consideration for enhancement....

The New India Assurance Co. Ltd. appealed against the award of the Motor Accident Claims Tribunal, challenging the finding that the offending truck was insured with them and the quantum of compensatio...

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Bombay High Court Quashes FIR in License Forgery Case Due to Lack of Evidence and Civil Dispute Nature. The court held that where the allegations in the FIR do not disclose a criminal offence and the dispute is essentially civil, continuation of criminal proceedings is an abuse of process under Section 482 Cr.P.C....

The applicant, Suresh Vithalrao Raut, a retired Shop Inspector of Municipal Council, Chandrapur, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR...

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Bombay High Court at Goa Upholds Panchayat Election Schedule During COVID-19 Pandemic — State Election Commission's Power to Conduct Elections Under Article 243K and Goa Panchayati Raj Act, 1994 Upheld. The court held that the election schedule was not arbitrary and that the Commission had taken adequate safety measures, dismissing petitions challenging the schedule....

The petitioners, who were candidates or intending candidates for the Goa Panchayat elections, challenged the election schedule notified by the Goa State Election Commission during the COVID-19 pandemi...

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Bombay High Court Allows Writ Petition Challenging Rejection of Approval for Appointment of Peon in Minority Institution. Ban on Recruitment Under Government Resolution Dated 12/02/2015 Not Applicable to Minority Institutions and Where Recruitment Process Had Already Commenced....

The petitioners, Elizabeth Benjamin Joseph (Petitioner No.1) and the institution running the school (Petitioner No.2), challenged the order dated 04/07/2019 passed by Respondent No.2, the Education Of...

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Bombay High Court Hears Writ Petitions Challenging Corrigenda to Deemed Conveyance Certificates Under Maharashtra Ownership of Flats Act, 1963. Competent Authority Issued Certificates for Constructed Area and Later Extended to Land Without Notice, Prompting Promoters to Seek Quashing....

Background: The dispute involved ten cooperative housing societies formed under the Maharashtra Co-operative Societies Act, 1960, in a development called 'Kashish Park' at Thane. The petitioners, Kash...

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Bombay High Court Allows Petition Challenging Government Circular Restricting MBA/MMS Admissions to Only MAH-CET, GMAT, and CAT Scores. The Court held that the circular was arbitrary and violated the legitimate expectation of students who had appeared for ATMA, MAT, GMAT, and XAT examinations....

The petitioners, three students who had appeared for the ATMA (AIMS Test for Management Admission) examination on 6 July 2020, challenged a Government Circular dated 16 March 2020 issued by the Higher...