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Supreme Court Upholds High Court Judgment Setting Aside Appellate Authority Order Under Madhya Pradesh Shops & Establishments Act, 1958. The Court affirmed that clubs not being residential clubs are exempt from the Act under Section 3(j), rendering the Appellate Authority's reinstatement order invalid.

The dispute arose from the termination of services of the appellants, who were employees at a club run by the respondents. The appellants filed a comp...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'Café Madras' Restaurant Name. The mark 'Café Madras' held to be inherently distinctive and entitled to protection against use by a subsequent restaurant of the same name.

The plaintiffs, the Kamath family, have been running a restaurant named 'Café Madras' in Matunga, Mumbai since 1938. The restaurant has acquired a re...

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Bombay High Court Allows Petition Challenging Cancellation of Eating House Licence for Violation of Natural Justice. Licence Cancelled Without Opportunity of Hearing Set Aside, Restoration Ordered.

The petitioner, Hotel Mahee through its proprietor Mrs. Bharati Sachin Jaiswal, challenged the order dated 26.8.2013 passed by respondent No.2/Tahsild...

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Bombay High Court Dismisses Petition Challenging Police Notices Restricting Hotel Timings — Government Notification Under Shops Act Cannot Override Police Act Restrictions on Eating Houses.

The petitioners, Yogesh Panditrao Khaire and others, are running a hotel named 'Hotel Saheba' in Nashik. They obtained a licence under the Bombay Shop...

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Bombay High Court Quashes Suspension of Eating House License for Violation of Natural Justice. Licensee Not Present During Alleged Obscene Acts; Suspension Without Notice and Hearing Set Aside Under Bombay Police Act, 1951.

The petitioner, Ramarai Rammilan Rai, was a co-licensee of an eating house known as 'Missile Restaurant and Bar' in Goregaon, Mumbai, holding a licens...

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Bombay High Court Grants Injunction in Trademark Infringement and Passing Off Suit Over 'BADEMIYA' Mark. Plaintiffs' registered trademarks 'BADEMIYA'S' and 'BADEMIYA' in Classes 29 and 42 are infringed by defendant's use of 'BADEMIYAN' for similar food business.

The plaintiffs, a partnership firm and its partners, filed a suit for trademark infringement and passing off against the defendant. The plaintiffs' bu...

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Bombay High Court Dismisses Restaurant's Challenge to Closing Hours Under Bombay Shops and Establishments Act, 1948. Petitioner's Request for Exemption from Section 19(1) Timings Rejected as State Government Lacks Power to Grant Individual Exemptions Beyond Schedule II.

The petitioner, Sardar Refreshments, a restaurant, filed a writ petition challenging the refusal of the State of Maharashtra to grant it an exemption ...