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Bombay High Court Dismisses Judgment Debtors' Writ Petitions Challenging Attachment in Execution of Foreign Decree. Court Holds That Objections Under Order 21 Rule 58 CPC Must Be Raised Before Executing Court, Not by Writ Petition.

The judgment pertains to two writ petitions filed by judgment debtors challenging the attachment of their property in execution of a foreign decree. T...

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Bombay High Court Dismisses Writ Petition Against Rejection of Plaint, Holds Appeal Lies Under Section 96 CPC. Rejection of plaint under Order 7 Rule 11 CPC is a decree under Section 2(2) CPC and appealable under Section 96 CPC, not subject to writ jurisdiction.

The petitioner, Udasing Jagmohansing Dikhat-Thakur, filed Special Civil Suit No. 14 of 2022 in the Court of Civil Judge Senior Division, Beed, seeking...

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Bombay High Court Allows Appeal in Trademark Infringement Case — Parksons Cartamundi Pvt. Ltd. v. Suresh Kumar Jasraj Burad. The court found that the marks 'MERELANE' and 'MARICELL' are deceptively similar and granted an interim injunction restraining the defendant from using the mark 'MARICELL'.

The appellant, Parksons Cartamundi Pvt. Ltd., filed a suit for infringement of its registered trademark 'MERELANE' and for passing off against the res...

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Bombay High Court Upholds Penalty for FEMA Violations in Bogus Export Case — Appellant Director Held Liable for Receiving Remittances Without Actual Exports Under Sections 3(b) and 3(d) of FEMA.

The case involves an appeal under Section 35 of the Foreign Exchange Management Act, 1999 (FEMA) against an order of the Appellate Tribunal for Foreig...

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Bombay High Court Dismisses Writ Petition Challenging Caste Certificate Invalidation as Not Maintainable Before Division Bench. Preliminary objection upheld that matters under Act 23 of 2001 must be heard by Single Judge as per Chapter XVII Rule 18(3) of Bombay High Court Appellate Side Rules, 1960.

The petitioner, Nilofarnaz w/o Nazkatkhan, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court ...

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Bombay High Court Quashes Industrial Court Order Directing Deposit of Gratuity in Termination Challenge — Payment of Gratuity Act, 1972 Does Not Require Deposit of Gratuity Received as Condition for Adjudication of Termination Dispute

The petitioner, Sheikh Mehmood, was employed as a Typist with respondent Nos.1 and 2 (M/s Universal Medikit Private Ltd. and its Chairman) from 29 Jul...

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Bombay High Court Allows Petition in Central Excise Duty Demand Case Due to Absence of Adjudication Order and Show Cause Notice. Demand and Collection of Duty Without Adjudication Order and Show Cause Notice Under Central Excise Act, 1944 Cannot Be Sustained.

The petitioners, National Organic Chemical Industries Ltd. and Mr. N.C. Majumdar, manufacture PVC compounds and PVC Master Batches. Prior to May 1979,...

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Bombay High Court Quashes Stamp Duty Demand Against Successors in Interest Due to Violation of Natural Justice. Predecessor in title not given opportunity of hearing before determination of deficit stamp duty under Maharashtra Stamp Act, 1958.

The petitioners, who are the legal heirs and successors in interest of one Abubakar Memon, filed a writ petition under Article 226 of the Constitution...

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Bombay High Court Allows Appeal Against Tribunal's Stay Order in Cenvat Credit Dispute. Tribunal's Detailed Findings at Stay Stage Prejudge the Appeal and Are Impermissible.

The appellant, CEAT Limited, filed an appeal before the Bombay High Court challenging an order dated 12th June 2014 passed by the Customs, Excise and ...