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Bombay High Court Dismisses Notice of Motion in Suit for Specific Performance — Plaintiffs Fail to Establish Prima Facie Case for Injunction Against Developer. Agreement for Sale Not Concluded as Essential Terms Remained Unsettled, No Enforceable Contract Under Specific Relief Act, 1963.

The plaintiffs, a group of 52 individuals, filed a suit for specific performance of an alleged agreement for sale of flats in a building to be constru...

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Bombay High Court Dismisses MSEDCL Petitions Challenging Labour Court Awards in Retrenchment Compensation Cases. Employer's Failure to Pay Full Wages and Notice Pay Under Section 25F of Industrial Disputes Act, 1947 Renders Retrenchment Invalid.

The Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) filed five writ petitions challenging separate awards of the Labour Court, Dhule,...

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Bombay High Court Quashes Premature Retirement Order of General Manager in Mineral Exploration Corporation Limited Due to Non-Compliance with Service Rules. Transfer Order Set Aside as Punitive Without Proper Inquiry Under Relevant Service Rules.

The petitioner, Ram Mohan Sharma, an ex-General Manager of Mineral Exploration Corporation Limited (MECL), challenged two orders: a transfer order dat...

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Bombay High Court Allows Writ Petition in Service Matter Due to Failure to Frame Preliminary Issues in Disciplinary Enquiry. Labour Court and Industrial Court Orders Set Aside for Non-Compliance with Mandatory Procedure Under MRTU & PULP Act.

The petitioner, Pralhad Waman Lahane, was employed as a Banking Inspector at the Jalna District Central Co-operative Bank Ltd. He joined as a Clerk on...

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Bombay High Court Upholds Railway Board's Catering Licensing Policy — License Fee and Gross Sales Share Not Arbitrary. The policy requiring licensees to pay a share of gross sales is a valid contractual term and does not violate Article 14 or Article 19(1)(g) of the Constitution.

The petitioners, various catering associations and individual licensees, challenged the Railway Board's policy dated 1st April 2013 and subsequent cir...

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Bombay High Court Quashes Process in Cheating Case Where Dispute is Purely Civil in Nature. Dishonest Intention from Inception Not Established Under Section 420 IPC.

The petitioners, M/s. Ruchitra Textiles Pvt. Ltd. and its directors, challenged the process issued against them for the offence punishable under Secti...

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Bombay High Court Dismisses Plaintiff's Suit for Trade Mark Infringement and Passing Off Against Defendants Over 'SUNCONTROL' Mark. The Court held that 'SUNCONTROL' is descriptive and not distinctive, and that the plaintiff failed to establish secondary meaning or likelihood of confusion.

The plaintiff, Garware Polyester Limited, filed a suit for trade mark infringement and passing off against 3M Company and 3M India Limited, alleging t...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit by 'VOGUE' Magazine Owner Against 'JUST IN VOGUE' Retail Services. Well-Known Mark 'VOGUE' Protected Against Use for Dissimilar Services Under Section 29(4) of Trade Marks Act, 1999.

The Plaintiffs, Advance Magazine Publishers, Inc. and its subsidiary, are the proprietors and users of the trademark 'VOGUE' in respect of magazines a...