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Bombay High Court

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Bombay High Court: “Trademark protection extends even to illiterate consumers” — Court upholds injunction restraining sale of deceptively similar bidi bundles despite packaging irregularities
Posted inNews

Bombay High Court: “Trademark protection extends even to illiterate consumers” — Court upholds injunction restraining sale of deceptively similar bidi bundles despite packaging irregularities

Court’s decision The Bombay High Court, Nagpur Bench, upheld the trial court’s order granting a temporary injunction restraining the defendant from using a trade-dress and label deceptively similar to the…
Posted by Rawlaw November 14, 2025
Bombay High Court: “Trademark protection cannot extend beyond territorial goodwill” — Court upholds concurrent use of ‘Indian Express’ and ‘The New Indian Express’ in separate regions
Posted inNews

Bombay High Court: “Trademark protection cannot extend beyond territorial goodwill” — Court upholds concurrent use of ‘Indian Express’ and ‘The New Indian Express’ in separate regions

Court’s decision The Bombay High Court, per Justice R.I. Chagla, refused to restrain the publication of The New Indian Express in Maharashtra and other western states, holding that both Indian…
Posted by Rawlaw November 14, 2025
compensation
Posted inNews

“Comparable Sale Instances Must Prevail” – Bombay High Court Enhances Compensation After Finding Reference Court Erred in Ignoring Higher Valuation Evidence

COURT’S DECISION The High Court partly allowed the land-owners’ appeals and dismissed the State’s appeals. The Court enhanced the compensation for land acquired for a percolation tank in Babhalgaon by…
Posted by Rawlaw November 12, 2025
arbitration set aside
Posted inNews

“Arbitration Award Set Aside: Bombay High Court Slams ‘Denial of Natural Justice’ and Declares ‘An Arbitrator Must Give Reasons’ in a Powerful Ruling on Fundamental Policy Breach”

COURT’S DECISION The High Court set aside both the arbitral award dated 16 January 1998 and the District Judge’s impugned order dated 21 October 2011, holding that the award suffered…
Posted by Rawlaw November 11, 2025
recovery certificate
Posted inNews

“Recovery Certificate Invalidated: Bombay High Court Issues a Powerful Warning That ‘Reasons Are the Soul of Justice’ While Reiterating That ‘A Registrar Must Apply His Mind Before Enforcing Recovery’”

COURT’S DECISION The High Court set aside the impugned orders granting recovery certificates under Section 101 of the Maharashtra Co-operative Societies Act, 1960. The Court held that the Deputy Registrar…
Posted by Rawlaw November 11, 2025
set aside
Posted inNews

Bombay High Court Declares That “A Clean Document Cannot Coexist With a Tainted Transaction,” Sets Aside Conviction After Finding Critical Contradictions in Evidence

Court’s Decision The High Court allowed the criminal appeal challenging the conviction under the bribery law and the provision relating to obtaining undue advantage as a public servant. The Court…
Posted by Rawlaw November 11, 2025
recovery certificate
Posted inNews

Recovery Certificate under Section 101 Set Aside: Bombay High Court Holds That “Recording of Reasons Is a Fundamental Requirement” and Directs Denovo Inquiry for Non-Compliance with Rule 86A–86F

Court’s Decision The High Court set aside the orders granting recovery certificates issued under Section 101 of the Maharashtra Co-operative Societies Act, 1960. It held that the Deputy Registrar failed…
Posted by Rawlaw November 11, 2025
dispute
Posted inNews

16-Floor Construction Dispute: “Developer Cannot Override Disclosed Layout” – Bombay High Court Issues Powerful Clarification on MOFA Rights of Flat-Purchasers

Court’s Decision The Court refused to grant an injunction restraining construction of Wing C5, holding that the developer’s proposed 16-floor building is entirely consistent with the 1993 sanctioned layout. The…
Posted by Rawlaw November 10, 2025
justice
Posted inNews

“Court’s Discretion Under Order VIII Rule 9”: Bombay High Court Holds “Delay Alone Is Never Enough To Deny Justice” While Allowing Late Additional Written Statement

“Mere delay is not a ground to refuse an additional written statement where no prejudice is caused.”This emphatic judicial reminder forms the core of the decision, where the Court analysed…
Posted by Rawlaw November 10, 2025
Bombay High Court ruling on reassessment
Posted inNews

“Reassessment Cannot Be Based On Audit Objections” – Bombay High Court Quashes Section 148 Action Against Charitable Trust

Court’s Decision The Court quashed the notices issued under Section 148A(b), the order passed under Section 148A(d), and the consequential reopening notice under Section 148. The Court held that the…
Posted by Rawlaw November 10, 2025

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