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Bombay High Court Allows Demolition and Reconstruction of Cinema Structure Subject to Height Restrictions Under Aircraft Act and Navy Act. Prior Permission from Ministry of Defence Required for Reconstruction to Ensure Compliance with Height Restrictions Near Naval Air Station.

The Petitioner, Sameer Baijanath Joshi, is the owner of land admeasuring 3,627.90 sq. metres bearing Plot No.9-A, CTS No. 37 and 38A at Village Juhu, ...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Trade Mark Infringement Suit — Appellant's Prior User and Registration of Mark 'Shriphal' Establishes Prima Facie Case for Injunction.

The appellant, M/s. Mysore Deep Perfumery Household, a partnership firm engaged in manufacturing and exporting agarbatti, scent, perfume, camphor, dho...

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Bombay High Court Directs MCGM to Consider New Building Proposal Application Under Section 44 of MRTP Act on Merits. The court held that each application must be decided independently and the MCGM cannot refuse to consider a fresh application based on earlier rejections.

The petitioners, Kaalkaa Real Estates Private Limited and its director Kanta Ramchandra Rane, filed a writ petition under Article 226 of the Constitut...

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Bombay High Court Allows Petition of Peon Penalized for Turning Hostile in Criminal Trial, Holds That Hostility in Court Cannot Be Ground for Disciplinary Action. Witnesses Are Not Bound to Adhere to Previous Statements, and Penalty of Reduction to Minimum Pay Scale Permanently Set Aside.

The petitioner, Abdul Rauf Mohammed Khaja, was employed as a Peon (Watchman) in the Collector Office, Nanded. Disciplinary proceedings were initiated ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Gang Rape Case Due to Unreliable Testimony and Lack of Corroboration. Prosecutrix's evidence found contradictory and unsupported by medical evidence, leading to confirmation of acquittal under Sections 376, 323, 504, 506 read with 34 IPC.

The State of Maharashtra appealed against the judgment and order dated 27 November 2003 passed by the 4th Additional Sessions Judge, Nashik in Session...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of ST Bus Driver. Principle of Res Ipsa Loquitur Applied as Bus Overturned on Wide Road Without Any Mechanical Defect.

The case arises from a motor accident claim petition filed by the appellants, who are the legal heirs of the deceased Virendra Joshi. The deceased die...

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Bombay High Court Grants Injunction Against Trade Mark Infringement and Passing Off in Pharmaceutical Product 'ONCO BCG' - Defendant's Mark 'BCG ONCO' Held Deceptively Similar Despite Common Descriptive Element 'BCG'.

The plaintiff, Serum Institute of India Limited, a pharmaceutical company, filed a suit for trade mark infringement and passing off against Green Sign...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Intent and Inconsistent Evidence. Conviction under Section 302 IPC set aside as the act was not intentional but occurred during a sudden quarrel, reducing offence to culpable homicide not amounting to murder.

The appellant, Mohammad Javed @ Zahid Babbuddin Qureshi, was convicted by the Additional Sessions Judge, Pune for the murder of his wife Nazneen under...