Simranjeet, Author at SCC Times

Bombay HC grants temporary injunction to Metro Brands for mark ‘Metro’; restrains MetBrands (P) Ltd. from using mark ‘MetBrands’

Around December 2021, when the applicant decided to go public by floating an IPO that the defendant commenced use of the name METBRANDS and until that time, the defendant was operating and offering goods and services under the name ‘METRENDS’.

Case Briefs High Courts

Read why Bombay HC quashed FIR against an Advocate, who used the word ‘bhangi’ in a video complaining about garbage

“To prove an offence under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, a particular community shall be targeted, or a particular member of a Scheduled Caste or a Scheduled Tribe shall be targeted.”

Case Briefs High Courts

‘College founded on Mahatma Gandhi’s teachings to treat their employees without any exploitation’; Bombay HC confirms appointment of teacher on probation for nearly 7 years

Clause 11.3 of the UGC Regulations, 2018 castes an obligation on the institution concerned to issue a confirmation order to the incumbent within 45 days of completion of the probation period after following the due process of verification of satisfactory performance.

Case Briefs High Courts

Bombay HC directs taking down of videos allegedly defaming State’s Cabinet Minister Girish Dattatray Mahajan

Despite being served, Respondent 1 chose not to appear and justify the basis on which the statements and insinuations are made against the applicant.

Case Briefs High Courts

‘Termination of Film Assignment Agreements not justified’; Bombay HC rejects Goldmines Telefilms’ plea to restrain Viacom 18 from acting as assignees/licensees for its films

The defendants will prima facie be entitled to carry out such deletions, edits, and cuts to the films and this may lead to “multiple versions” but that cannot be said to be in breach of Clause 3.11 of the Film Assignment Agreement.

Case Briefs High Courts

Bombay High Court upholds Single Judge’s decision to stay release of film “Shaadi Ke Director Karan Aur Johar”

The name “Karan Johar” is solely associated with Respondent 1, Karan Johar and forms a germane part of his personality and brand name and thus, has the economic right to commercially exploit the same as per his discretion.

Case Briefs High Courts

‘Culture of copy pasting statements is dangerous’; Bombay HC directs State to make guidelines for investigating officers on how to record the statements

The copy pasting of statements may unnecessarily give advantage to the accused persons, because of which the seriousness of the genuine case may vanish.

Case Briefs High Courts

Bombay HC rejects anticipatory bail plea of Former MP Harinarayan Rajbhar for allegedly misusing Government’s emblem to issue appointment letters

The present case is not a case where only one person has been cheated as there are many more victims, who are cheated by the applicant and in every crime, the applicant used a different team.

Case Briefs High Courts

Bombay HC stays Rs 1.5 crore costs imposed on AAI over unpaid airport charges dispute with Irish Company, Aer Lingus Ltd.

“The officials of the applicant, i.e., the Airport Authority of India, may have been over cautious in protecting its interest and hence impleaded Respondent 1 which is the owner of the aircrafts”.

Case Briefs High Courts

Bombay High Court directs State to consider separate registration facility for patients who will need organ transplant in future

When the health and life of the patient itself is rendered delicate and worrisome, any procedure for the basic requirement of registration needs to be of absolute ease and comfort.

Case Briefs High Courts

Bombay HC restrains Innovation Coatings (P) Ltd. from using “INOVA 1K PUR” mark; grants interim injunction to Pidilite for mark “1K PUR” for adhesive products

The defendant’s contention that the expression “1K PUR” is common to trade or publici juris, was rejected and the Court opined that a party asserting that a word/expression has become common to trade must satisfy the test of extensive, actual, and continuous use of such an expression in the market.

Case Briefs High Courts

Bar Associations not ‘State’ under Art. 12 of Constitution, hence writ petition under Art. 226 not maintainable against them: Bombay HC

The bar associations are either societies registered under the Societies Registration Act, 1860, or trusts; are governed by their own byelaws or rules and there is no pervasive control of the Government or even of the Bar Council on the bar associations.

Case Briefs High Courts

‘Recording of evidence crucial part of trial’; Bombay HC denies relief to police officer who laughed at a Judge while deposing on video conference

A request by the Trial Judge to the petitioner-police officer’s superior Officer to frame Standard Operating Procedure (SOPs) for investigating agencies in giving evidence through video conference does not imply any personal vendetta of the Trial Judge against the police officer.

Case Briefs High Courts

‘Advocates perceived as client’s agent, must respect client’s autonomy to make decisions’; Bombay HC quashes forgery case against advocate

A considerable amount of direct control is exercised by the client over the manner in which an advocate renders his services during his employment and the services hired or availed of an advocate will be that of a contract “of personal service”.

Case Briefs High Courts

‘Only Talaq-e-Biddat (Triple Talaq) is prohibited and not Talaq-e-Ahsan’; Bombay HC quashes FIR against husband and his parents

Respondent 2 stated that the notice which her husband, Applicant 1 had given on 28-12-2023, stated that Talaq-e-Ahsan i.e., one pronouncement of Talaq, was given to her.

Case Briefs High Courts

Bombay HC constitutes a three-member Committee to look into the issue of non-availability of wheelchairs at the airports

The Committee constituted by this Court, will purely have a recommendatory role; to be discharged in the larger interest of the air travellers with special needs and it is for the Director General of Civil Aviation ultimately to consider the recommendations and take an appropriate call on the issue, as may be permissible in law.

Case Briefs High Courts

No employer can impose restriction on freedom of Trade Union members to contest elections or continue as Office Bearers: Bombay High Court

The freedom to franchise/to contest an election/select from amongst the contesting candidates/to enjoy a term prescribed under the constitution of the Union, etc., cannot be curbed by a circular or Office Memorandum of an Employer.

Case Briefs High Courts

Foreign travel will not constitute ‘sufficient cause’ for condonation of delay under S.5 of Limitation Act: Bombay HC

The Court was sympathetic to the difficulty cast on the petitioner on account of restricted movement due to hostile weather and old age, but the Court did not understand as to what precluded his counsel from acting on his behalf.

Case Briefs High Courts

Bombay High Court, under parens patriae doctrine, appoints daughter as legal guardian of mother with dementia

The report of the Medical Board as constituted by the Dean of Sassoon General Hospital, Pune, concluded that as per history, past medical records, clinical examination, and psychological assessment, the petitioners’ mother was suffering from Dementia.

Case Briefs High Courts

‘Injury to witness is an inbuilt guarantee of his presence at crime scene’; Bombay HC upholds conviction of two members of Chhota Rajan gang

“The conviction can be based on the testimony of a single eyewitness and there is no rule of law or evidence which says to the contrary, provided that the said witness passes the test of reliability.