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Bombay High Court Allows Appeal Against Dismissal of Writ Petition Challenging Cooperative Court Order in Bank Loan Recovery Dispute. Limitation Period for Filing Execution Application Under Section 101 of Maharashtra Cooperative Societies Act, 1960 Is 12 Years, Not 3 Years.

The appeal arises from an order dated 3 November 2004 of a learned Single Judge of the Bombay High Court dismissing the Appellant's Writ Petition No.2...

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Bombay High Court Dismisses Plaintiff's Copyright Infringement Claim Against Film 'Umeed' — No Substantial Similarity Found. Court holds that ideas and themes are not copyrightable under the Copyright Act, 1957, and that the plaintiff failed to establish access or copying.

The plaintiff, Shivani Tibrewala, a writer/director, filed a suit alleging copyright infringement by the defendants, Rajat Mukherjee and others, in re...

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Bombay High Court Hears Writ Petitions Concerning Mandatory Nature of State NOC for B.Ed. Colleges Recognised by NCTE. Petitions Highlight Conflict Between Central Recognition Under NCTE Act and State Policy Not to Grant Additional NOCs.

The matter involved two connected writ petitions before the Bombay High Court. Writ Petition No. 4769 of 2005 was filed by Shrinath Shikshan Prasarak ...

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High Court of Karnataka Examines Taxability of Solatium Component in Land Acquisition Compensation Under GST. Issue Concerns Whether Receipt of Solatium Constitutes a Service Under Entry 5(e) of Schedule II to CGST Act, 2017 or Falls Under Exempt Transfer of Land.

The case comprised a batch of five writ petitions filed before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India. Th...

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Bombay High Court Grants Injunction Against YouTuber for Disparaging Marico's Products in Video Review. Court holds that false and malicious statements in product reviews can constitute disparagement, and interim injunction can be granted even if defendant is not a competitor.

The plaintiff, Marico Limited, a company manufacturing and selling various consumer products including hair oils and foods, filed a suit against the d...

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Bombay High Court Allows Writ Petition Challenging Expulsion from Cooperative Society Membership. Expulsion Order Set Aside for Violation of Natural Justice as No Show Cause Notice or Hearing Was Given to the Member Under Maharashtra Co-operative Societies Act.

The petitioner, a member of respondent no.4-Society registered under the Maharashtra Co-operative Societies Act, was expelled from membership by the M...

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Supreme Court Dismisses Petition by Judicial Officer Seeking Reinstatement After Resignation. Transfer Found Not Illegal Under Madhya Pradesh Higher Judicial Services Transfer Policy, and Resignation Did Not Amount to Constructive Dismissal Under Constitutional and Service Law Provisions.

The petitioner, a former Additional District and Sessions Judge in Madhya Pradesh, filed a writ petition under Article 32 of the Constitution of India...

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Bombay High Court Allows Writ Petition Challenging Termination of Probationary Employees by Kolhapur Municipal Corporation. Termination of probationers without inquiry and without assigning reasons held illegal and violative of principles of natural justice.

The petitioners, 18 individuals, were appointed as clerks/typists on probation by the Kolhapur Municipal Corporation. Their services were terminated d...

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Bombay High Court Quashes FIR Against Doctors in Medical Negligence Case Due to Lack of Criminal Intent. Section 304 IPC Not Attracted as Allegations Do Not Disclose Culpable Homicide; Civil Liability May Exist but Criminal Prosecution Requires Gross Negligence with Mens Rea.

The applicants, Dr. Ashok Saklecha and Dr. Sarika Saklecha, medical practitioners, filed an application under Section 482 of the Code of Criminal Proc...