Simranjeet, Author at SCC Times

Bombay HC grants interim injunction in favour of Sketchers in trade mark infringement case against Wardrode

The adoption of plaintiffs’ trade marks and plaintiffs’ artistic works in relation to the impugned goods by defendants is dishonest.

Case Briefs High Courts

Bombay HC quashes FIR against Go Air’s former MD/CEO allegedly involved in sending confidential information in emails

Petitioner’s emails are related to preparation for briefings and presentations and have information about Engines and meetings with the Airbus. Further, emails that are forwarded to his attorney in Austria after resignation, seek legal advice on the issue, relating to his exit from the company and has no concern with the Company’s information.

Case Briefs High Courts

Bombay HC directs State to constitute committee to prevent misuse of public funds for advertising

Article 144 of the Constitution provides that all authorities, civil and judicial, in the territory of India shall act in the aid of the Supreme Court.

Case Briefs High Courts

If dispute is arbitrable and arbitration clause exists, Courts ought to refer dispute to arbitration under S. 8 of A&C Act, 1996: Gauhati HC

In the present case, Clause 12 of the partnership deed indicated that the Partnership Act, 1932 and its Rules shall cover only those aspects not specifically mentioned in the deed.

Case Briefs High Courts

Bombay High Court declares ‘Girnar’ as a well-known trade mark in relation to tea

The trade mark/label mark ‘Girnar’ surpasses the scope of merely encompassing products/services sold or rendered under the said trade mark and the recognition, reputation, and goodwill of plaintiff-Girnar Food & Beverages Pvt. Ltd. in its trade mark extended beyond any specific class of goods or services.

Case Briefs High Courts

[Pune Porche Accident Case] Bombay HC denies anticipatory bail to co-accused minor’s father, who changed blood samples

The document, that is, the blood sample clearly answers the definition of “valuable security” under Section 30 ¹ of the Penal Code, 1860, as it certainly, created a right in the minor son of the applicant of portraying innocence.

Case Briefs High Courts

Multiple marriage registrations by a Muslim male allowed under Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998: Bombay High Court

Section 7(1)(a) of the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998 contemplates that the Registrar must ensure that the marriage between parties is performed in accordance with the personal law of the parties and under the personal laws for Muslims, they are entitled to have four wives at a time.

Case Briefs High Courts

‘Allegations about show cause notice being vague are wholly misconceived’; Bombay HC imposes Rs 5 lakhs costs on litigants who tried to “take a chance” by filing a petition

The present petition is instituted to question the show cause notice dated 07-12-2023 only after the show cause notice is adjudicated and the order dated 22-07-2024 is made.

Case Briefs High Courts

Bombay HC dismisses appeal by New India Assurance Company against ground handling company Janus Aviation for recovery of $31 million

Only the disputes which are commercial disputes within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015 can be entertained by Commercial Courts or Commercial Division and Commercial Appellate Division of High Courts.

Case Briefs High Courts

‘Uniform policy required for granting furlough/parole as authorities adopt pick and choose policy’; Bombay HC grants furlough leave to two prisoners who surrendered late

In cases of late surrender with no element of escape but only element of delay in surrendering they can be examined on the facts and circumstances and merits of each case.

Case Briefs High Courts

Man grooving his neck towards a woman while riding two-wheeler and listening to music not ‘stalking’ under S.354-D of IPC: Bombay HC

Applicant materially contributed to the complainant’s accident and there is a degree of want of care and caution which has contributed to the negligence of applicant in his act of riding his two-wheeler too close in proximity to the complainant’s two-wheeler along with his headphones on while listening to music.

Case Briefs High Courts

‘Supplying products with altered local content amounts to breach of contract’; Bombay HC upholds BPCL’s order banning dealings with Mukand Poly Products

Once petitioner-Mukand Poly Products expressed its inability to supply pipes with 82.36% Local Content and that it will cater the supplies pursuant to the procurement order with its product having 51.45% Local Content, it will amount to abandoning the contract.

Cases Reported Never Reported Judgments

NRJ Series | Mere proof of outstandings at one time not sufficient to establish if it is due to ancestral estate, or to person re-investing/dealing in ancestral estate income [(1954) 1 SCC 598]

This report covers the Supreme Court’s Never Reported Judgment, on ancestral property, dating back to the year 1954.

Case Briefs High Courts

‘No remorse or sympathy towards wife’s hardships’; Bombay HC imposes Rs 1 lakh cost on husband for opposing wife’s plea to transfer divorce case

If applicant-wife has to travel with her 15-months’ old son, it will be more difficult for her, since boarding and alighting from the local train at any given time during the day is extremely difficult proposition considering that trains are always overcrowded.

Case Briefs High Courts

Bombay HC grants relief to Shiv Sena leader for allegedly making bizzare gestures/utterances against a female journalist

The exact gestures made by appellant are not reflected in the FIR statement, which merely alleges making of bizarre gestures and whether the gestures allegedly made by appellant fit into the expression “gestures of a sexual nature” is questionable at this stage.

Case Briefs High Courts

Making audio recording of conversation inside police station not an offence under S.3 of Official Secrets Act, 1923: Bombay HC

The contents of FIR do speak about insult or intimidation and thus, it is left open to the Court concerned to see whether charge needs to be framed under Section 120-B ¹ or Section 34 ² of the Penal Code, 1860.

Case Briefs High Courts

‘Ganja’ under S.2(iii)(b) of NDPS Act covers only flowering/fruiting tops of cannabis plant, excludes seeds/leaves; Bombay HC grants bail

There is inordinate delay in conducting the trial and, therefore, the right of the accused to have a speedy trial is affected.

Case Briefs High Courts

Collector’s direction under S.142(1) of Maharashtra Prohibition Act, 1949 to close liquor shop to maintain public peace must be specific and not general: Bombay HC

The Collector’s power under Section 142(1) is not restricted to one place, provided the Collector forms an opinion that it is in the public interest to keep the ‘place’ or ‘places’ closed ‘where’ the intoxicant or hemp is sold.

Case Briefs High Courts

Right to default bail does not arise if trial is not concluded within 60 days under S.437(6) CrPC: Bombay High Court

The Trial Court is trying its best to conclude the trial at the earliest, but, many times, many things are not under the control of the presiding officer and all parties concerned shall support the Court in concluding the trial within a reasonable period.

Case Briefs High Courts

Whether High Court, in exercise of judicial review power, can direct Speaker to decide disqualification petitions within a fixed timeframe? Telangana HC to decide

The present appeals are filed in relation to writ petitions which challenged the inaction of the Speaker of Telangana Legislative Assembly in adjudicating the petitions seeking disqualification of three members of Legislative Assembly.