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High Court

Bombay High Court Allows Plaintiff's Motion in Trade Mark Infringement Case Involving Use of Registered Mark as Corporate Name for Dissimilar Goods. The Full Bench overruled Raymond Ltd v Raymond Pharmaceuticals Pvt Ltd and held that Section 29(5) of the Trade Marks Act, 1999 provides a separate cause of action for infringement when a registered trade mark is used as a corporate or trading name, even for dissimilar goods.

1 Mar 2017

The case involves a Notice of Motion in a suit filed by CIPLA Limited against M/s. CIPLA Industries Private Limited and Vishal Khanna for alleged infr...

High Court

Bombay High Court Allows Writ Petition Challenging University's Refusal to Appoint PhD Holders as Lecturers in Pali and Buddhism. UGC Regulations Exempt PhD Holders from NET/SET Requirement, University's Contrary Stance Held Arbitrary.

30 Nov -0001

The petitioners, five PhD holders in Pali and Buddhism, applied for the post of Lecturer in Pali and Buddhism at Dr. Babasaheb Ambedkar Marathwada Uni...

High Court

Bombay High Court Dismisses Commercial Appeal Against Refusal to Amend Arbitration Petition — Amendment Sought to Challenge Arbitral Award as Nullity Rejected as Time-Barred and Without Merit. The Court held that an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 is not maintainable against an order refusing amendment of a petition, and the amendment was rightly rejected as it was sought after the limitation period had expired.

7 Apr 2017

The case involves a Commercial Appeal filed by Zee Sports Ltd. (now Zee Digital Convergance Ltd.) against Nimbus Media Pte. Ltd. under Section 37 of t...

High Court

Bombay High Court Directs Appointment of Petitioner as Assistant Motor Vehicle Inspector in Union Territory of Dadra & Nagar Haveli — Selection Process Upheld Despite Alleged Irregularities. Petitioner's Legitimate Expectation of Appointment Recognized and Respondents Directed to Issue Appointment Letter with Back Wages.

21 Apr 2017

The petitioner, Mr. Abhinav Dipakbhai Patel, filed a writ petition before the Bombay High Court seeking a direction to the respondents, including the ...

High Court

Bombay High Court Dismisses Petition Seeking Inclusion of Remand Date in Computing 90-Day Period for Statutory Bail Under Section 167(2) Cr.P.C. — Date of Remand Must Be Excluded as Per Ravi Prakash Singh.

26 Apr 2017

The petitioner, Sheikh Nasir Sheikh Rahman, filed a criminal writ petition before the Bombay High Court, Nagpur Bench, challenging the computation of ...

High Court

Bombay High Court Allows Appeal of Cinema Owner in ESI Act Case — Employees of Contractor and Handbill Boys Not Counted as Employees. Principal Employer Not Liable for ESI Contributions for Contractor's Employees Under Section 2(9) of ESI Act, 1948.

15 May 2017

The appellant, M/s. Natraj Cinema, a partnership firm running a cinema theatre in Nagpur, challenged an order dated 21.09.2005 passed by the Industria...

High Court

Bombay High Court Upholds Validity of Section 24(6-A) CrPC Allowing Appointment of Private Advocates as Public Prosecutors in High Court — Provision Not Arbitrary or Discriminatory Against Government Prosecutors. The court held that the amendment does not violate Articles 14, 16, or 21 of the Constitution and that the State has the discretion to appoint any advocate for conducting cases in the High Court.

25 Jul 2017

The petitioners, the Maharashtra State Public Prosecutors Association and several individual Assistant/Additional Public Prosecutors working in the co...

High Court

Bombay High Court Quashes Notification Excluding Port Trust Employees from Minimum Wages Act Provisions. The notification dated 15/03/2002 exempting employees from Section 2(h), Section 14 of Minimum Wages Act, 1948 and Rule 25 of Minimum Wages (Central) Rules, 1950 was held ultra vires as not issued by appropriate government.

6 Jul 2017

The judgment concerns two writ petitions filed by Mumbai Port Trust Flotilla Worker's Association and Mumbai Port Trust, Dock and General Employees' U...

High Court

Bombay High Court Allows Assessees' References in Sales Tax Case on Development Charges for Moulds. Development charges recovered for making/rectifying moulds used exclusively for manufacturing assessee's products do not constitute 'sale' under Bombay Sales Tax Act, 1959 and Central Sales Tax Act, 1956, and are not exigible to sales tax.

3 Aug 2017

The judgment concerns two groups of Sales Tax References under the Bombay Sales Tax Act, 1959, involving M/s. Tata Johnson Controls Automotive Ltd. an...

High Court

Bombay High Court Quashes Notification for Inclusion of Areas into Nagarpanchayat Limits Under Section 10 of Maharashtra Municipal Council, Nagar Panchayat and Industrial Township Act, 1965 — Violation of Mandatory Procedure and Natural Justice. The court held that the Collector's failure to consult the local authority and publish the notification as required renders the notification invalid.

19 Sep 2017

The petitioner, Vijaysing Nathesing Rajput, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Auranga...

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