Page 7 - Bombay High Court

Try to amicably resolve dispute over Lodha trademark: HC to Lodha brothers

The Bombay High Court on Monday suggested Abhishek Lodha and his brother Abhinandan Lodha to try and amicably resolve the issue over the use of 'Lodha' trademark. The Abhishek Lodha-promoted Macrotech Developers Ltd earlier this month filed a suit in the HC against Abhinandan Lodha's real estate firm, House of Abhinandan Lodha, claiming the name 'Lodha' was their trademark and no one else could use it. The suit sought Rs 5,000 crore as damages from Abhinandan Lodha's company. In an interim application, Macrotech Developers sought a perpetual injunction against the defendants from infringing their trademark 'Lodha'. On Monday, a single bench of Justice Arif Doctor while hearing the application said since the dispute was primarily between two brothers, the possibility of an amicable resolution should be attempted. "Ultimately it appears to be a dispute between two brothers. The genesis appears to be between the two brothers. Has some effort been made to sit down and resolve it?" Jus

'Must follow law, not harass citizens': Bombay HC fines ED Rs 1 lakh

The Bombay High Court has fined the Enforcement Directorate Rs 1 lakh for baseless money-laundering probe against a realtor. It has also penalised the complainant for malafide intent

SC dismisses income tax petition against Vi, reinstates Rs 1,600 cr refund

Vi has already received refund in December, telco told exchanges

HC to hear Abhishek Lodha's plea to stop brother from using 'Lodha' name

The Bombay High Court on Tuesday said it would hear on January 27 the application filed by Abhishek Lodha- promoted Macrotech Developers Ltd seeking an injunction against his younger brother from using the trademark 'Lodha'. Last week, the company filed a suit against Abhinandan Lodha's real estate firm, House of Abhinandan Lodha, claiming that the name 'Lodha' was their trademark and no one else could use it. In an interim application, the company sought a perpetual injunction against the defendants from infringing its trademark "Lodha". The application came up for hearing on Tuesday morning before a single bench of Justice Manish Pitale. The court, however, noted that it could not hear the plea, as the suit had sought damages of Rs 5,000 crore. As per court assignment, any suit that sought damages of more than Rs 100 crore would have to be heard by the single bench of Justice Arif Doctor. The company's advocate, Hiren Kamod, in the afternoon mentioned the application before the

Billionaire Lodha brothers clash over brand rights, Bombay HC to hear case

The HC is scheduled to hear the matter on Tuesday, according to court filings

Form panel to consider phasing out petrol, diesel vehicles: HC to Maha govt

The Bombay High Court has directed the Maharashtra government to form a panel to explore the feasibility of phasing out diesel and petrol vehicles, saying automobiles choking Mumbai's roads are a major contributor to the city's worsening air quality. A division bench of Chief Justice D K Upadhyaya and Justice Girish Kulkarni directed the government to form a committee of experts and civil administrators within a fortnight to consider whether it will be feasible to phase out diesel- and petrol-based vehicles from Mumbai's roads and permit only those running on CNG or electricity. The order was passed on a public interest litigation that the HC had taken up on its own in 2023 over the city's poor Air Quality Index (AQI). The court had heard the matter on January 9. In its detailed order made available on Wednesday, the bench said vehicular pollution was a major contributor to worsening air quality in the city. The roads in Mumbai Metropolitan Region are choked with vehicles and dens

Badlapur sexual assault victims very young, trial must be fast-tracked: HC

The Bombay High Court on Monday said the trial in the last year's Badlapur school sexual assault case should be fast-tracked and conducted expeditiously as the victim girls are very young. In August last year, a male attendant sexually assaulted the two girls - aged four and five - inside the toilet of their school located in Badlapur area of Maharashtra's Thane district. He was arrested and later killed in a shootout with police when he was being taken from jail for questioning. The Special Investigation (SIT), set up by the Maharashtra government to conduct a probe into the case, has filed its chargesheet. The chargesheet was filed against the attendant, the school's headmaster and two members of its management for "failing to report" the sexual assault, as required under provisions of the Protection of Children from Sexual Offences (POCSO) Act. The high court took suo motu (on its own) cognisance of the incident after it came to light that the local Badlapur police had not take

Coldplay concert: HC dismisses PIL seeking rule against black marketing

The Bombay High Court on Friday dismissed a plea seeking guidelines to curb black marketing and ticket scalping at major events in the backdrop of the alleged foul play in the ticket sale process for British band Coldplay's concert in Navi Mumbai this month. A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar said the issues raised in the petition pertain to the legislative domain, and hence, the court cannot interfere. "This is a legislative and executive decision. The court cannot interfere. The government is at liberty to formulate legislation addressing the concerns raised in the petition," the court said. The bench said that in the absence of a clear statutory framework mandating the reliefs sought in the petition, it cannot direct legislation to be enacted or laws to be amended in a particular manner. "However, in the event that the competent authority (of the government) considers it necessary, they remain at liberty to take appropriate legislative or ...

Bombay HC calls for CNG & electric vehicles to tackle Mumbai air pollution

Encouraging the adoption of cleaner transport, the court suggested gradually phasing out diesel-driven vehicles while promoting CNG and electric cars

Minor's right to hold passport can't be snatched over parental dispute: HC

A minor's right to obtain a passport and travel abroad cannot be taken away merely due to an ongoing matrimonial dispute between parents, the Bombay High Court has said. The court in its order passed on Wednesday, a copy of which was made available on Thursday, directed the Pune Regional Passport Office (RPO) to issue a passport to the 17-year-old girl within two weeks, observing that the right to travel abroad was a facet of the fundamental right guaranteed in the Constitution. The RPO had issued a communication to the girl's mother in November 2024, stating that her passport application would not be processed as her father had objected to the same. As per the plea, the girl's parents are embroiled in divorce proceedings. In response to the passport office's communication, the girl's mother sent a declaration that the father's consent was missing in the passport issuance form as there was a matrimonial dispute between the couple. The high court said in its judgment that the ...

Century Mill land dispute: SC sets aside 2022 Bombay HC verdict against BMC

In a significant judgment, the Supreme Court has overturned a verdict directing the Brihanmumbai Municipal Corporation (BMC) to transfer the title of five acres land in Worli, Mumbai, to Century Textiles and Industries Ltd, now known as Aditya Birla Real Estate Limited. A bench comprising Justices Vikram Nath and Prasanna B Varale passed the judgment on January 7 while ruling in favour of the BMC and dismissing the plea of Century Textiles. Setting aside the Bombay High Court's verdict, the bench held the civic body was neither legally obligated to convey the land nor at fault for not executing the deed. In response to the verdict, a company statement read, "Aditya Birla Real Estate Limited (formerly known as Century Textiles and Industries Limited) is seeking legal advice to take necessary next steps in the matter. Aditya Birla Real Estate wishes to clarify that the said Land bearing is separate and distinct from and not impacting Birla Niyaara project at Worli." The judgement was

Does below-average intelligence mean no right to motherhood, asks Bombay HC

The court has acknowledged the woman's autonomy and her right to make life choices, including her decision to carry the pregnancy to term

SC asks HC, Maharashtra govt to ensure accused appear before trial courts

The Supreme Court has asked the Bombay High Court and the Maharashtra government to evolve a mechanism to ensure that accused are produced before trial judges either physically or virtually on every date so that the trial is not prolonged. The apex court, while dealing with an appeal challenging the Bombay High Court order denying bail to an accused, said a "sorry state of affairs" was being depicted as the trial proceedings in the case was being prolonged due to non-production of appellant before the trial judge either physically or virtually. A bench of Justices B R Gavai and K V Viswanathan was informed that this was not a solitary case but in many cases, such a difficulty arises. "We, therefore, direct the registrar general of the high court of judicature at Bombay, secretary, Home, state of Maharashtra and secretary, Law and Justice, state of Maharashtra to sit together and evolve a mechanism to ensure that the accused are produced before the trial judge either physically or ..

PIL in Bombay HC seeks action against 'Mutual Fund Sahi Hai' ads by Amfi

The petitioner, a chartered accountant, has alleged that Amfi is 'recklessly propagating that mutual funds are right without any basis or rationale'

Bombay HC dismisses Seclink's plea challenging Dharavi revamp project award

The petitioner, SecLink Technologies Corporation, was the 'preferred bidder' in the first round of bidding, which was later scrapped

HC upholds tender awarded to Adani Group to redevelop Dharavi slum sprawl

The Bombay High Court on Friday upheld the tender awarded to Adani Properties Private Limited by the Maharashtra government for the Dharavi slum redevelopment project in Mumbai. A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar dismissed a petition filed by UAE-based Seclink Technologies Corporation challenging the state government's decision to award the project to Adani Properties Private Ltd. The bench said the petition lacks force and effort and hence stands dismissed. The Adani Group had emerged as the highest bidder for the 259-hectare Dharavi Redevelopment Project and bagged it with its Rs 5,069-crore offer in the 2022 tender process. In the first tender issued in 2018, the petitioner company had emerged as the highest bidder with its Rs 7,200-crore offer. The government had, however, cancelled the 2018 tender and issued a fresh tender in 2022 with additional conditions. Seclink Technologies Corporation first challenged the cancellation of the 2018 te

Political parties disregard court's orders: Bombay HC on illegal hoardings

The Bombay High Court pulled up political parties for ignoring its orders on illegal hoardings, directing municipal authorities and police to take strict action against violations in Maharashtra

HC rejects plea against Adani power contract, fines petitioner Rs 50K

The Bombay High Court on Monday dismissed a petition challenging a contract awarded by the Maharashtra government to Adani Group for supply of renewable and thermal power electricity, noting the plea was "unsubstantiated and reckless". A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar also imposed a cost of Rs 50,000 on the petitioner - Shriraj Nageshwar Aepurwar - for the vague petition. Aepurwar alleged the contract awarded to the Adani Group for the supply of 6,600 megawatts of renewable and thermal power was a violation of the petitioner's fundamental right to have access to fair electricity supply at a reasonable rate. The plea also levelled allegations against former state chief minister Eknath Shinde, who is currently the deputy CM, of having been involved in corrupt practices while awarding the contract to Adani Group. The bench, however, refused to accept the contentions and said, "In our opinion, filing of such petitions containing unsubstantiated an

HC asks Maharashtra govt for details on medical infra expenditure

The Bombay High Court on Saturday directed the Maharashtra government to submit details of the expenditure incurred by it as well as budgetary allocation for medical infrastructure in the state. A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar also sought details of vacancies of medical, para medical and non-medical staff in government-run hospitals and medical centres. The court was hearing a bunch of petitions, including one initiated suo motu (on its own), raising concerns over the high number of deaths at government hospitals in Nanded and Chhatrapati Sambhajinagar districts last year. The bench noted that petitioners had raised certain concerns about the government not utilising the allocated budget for purchase of medical equipment and for medical infrastructure. The petitioners told court several hospitals are facing problems of non-availability of medical, non-medical and para medical staff due to vacancies. "Hence, we want an affidavit to be filed

'Flying Beast' faces court order to remove videos over copyright breach

The Bombay High Court has ordered 'Flying Beast' Gaurav Taneja to remove two videos after Castrol India accused him of copyright infringement for not crediting the company