Bombay High Court Sets Aside Denial To Register Yamaha's 'WR' Trademark, Says Registrar Must Give Reasoned Order For Pre-Acceptance Advertisement

The Bombay High Court stated that the Registrar of Trademarks must give a reasoned order for pre-acceptance advertisement.Justice Manish Pitale observed that “The Registrar is required to pass a reasoned order as to why a mark is being advertised after acceptance and also a reasoned order as to why a mark is being advertised before acceptance. In fact, the Registrar has the option of...

"Be Ashamed": Bombay High Court Tells Maha Govt Over Inaction On 2012 'New Year Party' In Differently-Abled Children's Home

The Bombay High Court on Monday said the Maharashtra Government and its officials must be 'ashamed' of themselves for not being able to point out even after 11 years that whether they have taken any action against the officials of the Children's Aide Society (CAS) and the Child Welfare Committee (CWC) over a 'shocking' New Years Party in December 2012, wherein 20 mentally disabled girls were...

Payment Of Gratuity Act Overrides Other State Pension Rules: Bombay HC

Bombay High Court: A single judge bench of justice MS Jawalkar held that the Payment of Gratuity Act, 1972 ('Act'), prevails over the Maharashtra Civil Services (Pension) Rules, 1982 ('MCS Rules'), unless a specific exemption is provided under Section 5 of the Act. The court clarified that the mere pendency of proceedings or any minor punishment under the latter, cannot justify...

Voluntarily Abandoning Service Is Not Retrenchment: Bombay HC

Bombay High Court: A single judge bench consisting of Justice Anil L. Pansare set aside multiple Industrial Court orders that had directed the reinstatement and back wages of several employees. These employees were absent from duty without notice. The court held that prolonged absence despite repeated calls amounted to voluntary abandonment of service, and not termination. Thus, the...

Bombay High Court Upholds Order Refusing To Declare 'TikTok' As Well Known Trademark Owing To Its Ban In India

The Bombay High Court recently refused to quash and set aside an order passed by the Registrar of Trade Marks, which refused to recognise "Tik Tok" as a well known Mark under the Trade Marks Act, noting that the social media application is banned in India.Single-judge Justice Manish Pitale said that the fact that the app is banned in India, as considered by the Registrar while refusing to...

Formal Service Of Writ Of Summons Not Required In Transferred Suit If Appearance Made At Interlocutory Stage: Bombay High Court

The Bombay High Court stated that formal service of writ of summons not required in transferred suit if appearance made at interlocutory stage.The Bench of Justice Abhay Ahuja stated that “since the rigours of the Commercial Courts Act and the amended CPC in relation to the service of summons do not apply to transferred Suits and considering that the captioned Suit was a regular Suit...

Bombay High Court Defers Celebi's Plea Against Contract Termination By Mumbai Airport, Awaits Delhi HC Verdict In Similar Case

The Bombay High Court on Friday adjourned till July 10, the hearing in the petition filed by Turkey-based company Celebi's Indian subsidiary - Celebi NAS, which has challenged the termination of its services by the Mumbai International Airport Limited (MIAL).A division bench of Justices Burgess Colabawalla and Firdosh Pooniwalla was informed that overall India, 7 airports have cancelled...

Preeti Rathi Acid Attack & Murder Case: Bombay High Court Rejects Convict's Plea For Transfer To 'Open Prison' Citing Discipline Issue

Every prisoner must follow the rules and regulations especially the ones pertaining to 'behaviour' and no prisoner can be allowed to bring prohibited articles in the jail, the Bombay High Court held recently while dismissing a plea filed by Ankur Panwar, the convict in the infamous Preeti Rathi Acid Attack case.Panwar had challenged his transfer from 'Open Prison' to a regular prison after he...

Baba Ramdev's Patanjali Foods Move Bombay High Court Seeking Removal Of Encroachers From Its Land

Baba Ramdev's Patanjali Foods Private Limited has approached the Bombay High Court seeking a direction to the Maharashtra government and its authorities to remove the illegal encroachments on several of its lands situated in Khalapur in Raigad district near Navi Mumbai. The petition filed through advocate Apoorv Srivastava contends that the authorities have failed to protect and safeguard...

Promoter Need Not Seek Consent For Additional Construction If Full Project Is Disclosed At Agreement Stage: Bombay High Court

The Bombay High Court stated that promoter need not seek consent for additional construction if full project disclosed at agreement stage.“Once the entire project is placed before the flat takers at the time of the agreement, then the promoter is not required to obtain prior consent of the flat takers as long as the builder puts up additional construction in accordance with the layout...

Advocates Have Right To Plead On Behalf Of Parties In Senior Citizen Maintenance Tribunals : Bombay High Court

In a significant ruling, the Goa bench of the Bombay High Court recently held that whenever an advocate puts in an appearance for any of the parties before a Maintenance Tribunal, under the Maintenance and Welfare of Parents and Senior Citizens Act, s/he will have the right to be heard and to plea before the said tribunal.A single-judge bench of Justice Valmiki Menezes noted that a...

Don't Want To Create A Class Among Litigants: Bombay High Court Stops Practice Of Placing Matters 'High On Board'

In a bid to avoid misconceptions against the judiciary, the Bombay High Court on Wednesday (June 11) said that it has done away with the practice of placing certain matters "High on Board" in the daily list of cases to be heard.A division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne said this is being done to avoid any classification of litigants and to ensure that no...