All posts tagged: Bombay HC

HC sets aside rejection of US firm’s patent plea over lack of reasons, orders fresh decision

HC sets aside rejection of US firm’s patent plea over lack of reasons, orders fresh decision

Published by Parlour News

Mumbai: The Bombay High Court has quashed orders denying a patent to US-based Huntington Alloys Corporation, holding that the authorities’ conclusion that the invention was linked to atomic energy was unjustified and could not be sustained in law. Bombay High Court (HT Photo) The company had moved the court against a November 2020 decision of the deputy controller of patents and a subsequent April 2021 order of the Department of Atomic Energy, both of which refused its application for the investigation of an “Ultra Supercritical Boiler Header Alloy and Method of Preparation”. At the core of the dispute was whether the invention fell within the restricted domain of atomic energy under the Patents Act. The firm maintained that its technology—an alloy developed for high-temperature boiler systems—had no nexus with atomic energy and was wrongly classified. The proposed alloy, comprising nickel, cobalt and chromium, is designed for use in boiler header pipes operating under extreme temperatures. The company argued that its composition enhances durability, strength and weldability, making it suitable for long-term industrial use. During the hearing, …

Enrolling as a voter immediately on turning 18 could overwhelm authorities: Bombay HC

Enrolling as a voter immediately on turning 18 could overwhelm authorities: Bombay HC

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Bombay High Court | Photo Credit: VIVEK BENDRE   The Bombay High Court on Thursday (November 6, 2025) observed that there is a difference between “freedom to vote and right to vote”, saying if every person submits voter enrolment applications immediately upon turning 18, it would become “overwhelming” for Election Commission (EC) authorities for verification and “open the floodgates”. A Bench comprising Justices Riyaz Chagla and Farhan Dubash was hearing a petition by Rupika Singh, who turned 18 in April this year and had moved the HC after her application to be registered as a voter was rejected as the cut-off date was October 1, 2024, for the Maharashtra Assembly Elections which were held in November 2024. The Bench cited a Supreme Court judgement, “there is a difference between freedom to vote and right to vote. As you turn 18, you have the freedom to vote. However, the right comes only when the voters’ list is revised, and the petitioner was ineligible to vote as the electoral roll was already prepared.” “If every person starts …

Bombay HC allows 18-year-old sexual assault victim to terminate 28-week pregnancy, cites reproductive freedom | Mumbai News

Bombay HC allows 18-year-old sexual assault victim to terminate 28-week pregnancy, cites reproductive freedom | Mumbai News

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The Bombay High Court last week permitted 18-year-old girl, who claimed to be a victim of sexual assault to terminate her 28-week pregnancy. In its order on February 20, the court said, “Conscious of the right of the Petitioner to reproductive freedom, her autonomy over the body and her right to choice and having considered the findings and opinion of the Medical Board, we permit the Petitioner to medically terminate the pregnancy, if she so desires.” A bench of Justices Revati Mohite-Dere and Neela K Gokhale passed the order on a plea argued through advocate Ashley Cusher, claiming that the pregnancy of the petitioner was as a result of sexual assault by a man who had physical relations after giving false promise to marry her. Story continues below this ad On February 17, the HC directed state-run J J Hospital to constitute a medical board of expert doctors to examine the petitioner. The board found that the petitioner was mentally and physically fit to undergo the termination procedure. The panel also said that there was …

Why Abhishek Lodha’s Macrotech has approached Bombay HC against younger brother’s firm over trademark | Mumbai News

Why Abhishek Lodha’s Macrotech has approached Bombay HC against younger brother’s firm over trademark | Mumbai News

Published by Parlour News

Macrotech Developers, formerly known as Lodha Group, of Abhishek Lodha, has approached the Bombay High Court with a trademark infringement suit to restrain House of Abhinandan Lodha Estate Holdings Private Limited (HoABL), a firm owned by his younger brother, from using the brand name ‘Lodha’ in any form. On Tuesday, the matter was initially listed before a single-judge bench of Justice Manish M Pitale. When it came up for hearing, Senior Advocate Darius Khambata for Macrotech told Justice Pitale that the suit has sought over Rs. 5000 crore damages in the alternative from the defendants and there was an ‘ex-facie urgency’ in the matter. While Justice Pitale observed Khambata’s argument about the damages, he said the same would pertain to an assignment of another bench of the High Court as he had an assignment of hearing suits claiming damages up to Rs. 100 crore. The judge granted liberty to the parties to mention the matter before an appropriate bench. The Macrotect lawyers are likely to mention the plea before Justice Arif S Doctor after 2.30 …

Badlapur sexual assault: Months after HC judge picked holes in ‘retaliatory firing’ claims, magistrate’s report concurs | Mumbai News

Badlapur sexual assault: Months after HC judge picked holes in ‘retaliatory firing’ claims, magistrate’s report concurs | Mumbai News

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The inquiry magistrate’s finding that five police officers were responsible for the custodial death of the janitor accused in the Badlapur sexual assault case comes months after Justice Prithviraj K Chavan raised several questions over the police claim that the accused was gunned down in “retaliatory firing” and said that the incident “cannot be termed as an encounter”. Justice Chavan was part of the bench led by Justice Revati Mohite-Dere that had picked holes in the Maharashtra Police version of events that led to the accused’s death in September last year. On Monday, the Bombay High Court was informed that the magistrate inquiry held that if Forensic Science Laboratory (FSL) reports were considered, the “false encounter” allegations made by the parents of the deceased had substance. The high court directed the Maharashtra government to register an FIR against the officers. The 23-year-old janitor arrested in August last year for the alleged sexual assault of two minor girls at a school in Badlapur in Thane district was shot dead while he was being transported in a …

Consensual sex with minor wife is also rape: Bombay High Court | Latest News India

Consensual sex with minor wife is also rape: Bombay High Court | Latest News India

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A man’s consensual sexual intercourse with his wife, if she is below the age of 18 years, can get him booked for the offence of rape, irrespective of the wife’s consent, the Bombay High Court said in a major ruling on November 12. Stating that the age of consent is above 18, HC said, “It needs to be stated that sexual intercourse with a girl below 18 years of age is rape, regardless of whether she is married or not”.(Shutterstock/Representative) Single-judge bench of Justice Govind Sanap was hearing a criminal appeal filed by a man challenging a September 9, 2021 verdict of a trial court in Wardha district, which convicted him under charges of rape and provisions of the Protection Of Children from Sexual Offences (POCSO) Act. Upholding the conviction, Justice Sanap rejected the man’s argument that the sexual intercourse with the victim was consensual and cannot amount to rape since she was his wife at the relevant time. Stating that the age of consent is above 18, justice Sanap said, “It needs to be …

Bombay HC seeks SFIOs reply to plea on not interrogating senior citizens beyond work hours | Mumbai News

Bombay HC seeks SFIOs reply to plea on not interrogating senior citizens beyond work hours | Mumbai News

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The Bombay High Court last week sought reply from the Serious Fraud Investigation Office (SFIO) to a plea by Businessman Deepak Kochhar, husband of former CEO of ICICI Bank Chanda Kochhar, who sought direction to the central agency to to issue a circular to ensure that senior citizens such as him are only summoned and questioned during working hours. The SFIO made a statement that Kochhar will not be interrogated beyond working hours on the day he is summoned. The HC also directed the central agency not to take any coercive steps against Kochhar until the next hearing on November 13. The Enforcement Directorate (ED) had earlier this month informed the HC that it had issued a circular to its officers to make efforts to record statements of summoned persons during office hours. The HC had disapproved of ED’ practice of recording statements overnight. A division bench of Justices Revati Mohite-Dere and Rohit Wasudeo Joshi on October 25 heard Kochhar’s plea seeking direction to SFIO to issue circular for interrogation of senior citizens only during …

Bombay HC directs Mumbai customs to return Souza, Padamsee artworks in 2 weeks | Latest News India

Bombay HC directs Mumbai customs to return Souza, Padamsee artworks in 2 weeks | Latest News India

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“Sex and obscenity are not always synonymous…” said the Bombay high court on Friday while directing the Mumbai Customs to expeditiously release seven artworks by Francis N Souza and Akbar Padamsee that they had confiscated on grounds of obscenity. Bombay HC (File Photo) As first reported by HT on Thursday, Mumbai businessman Mustafa Karachiwala had acquired a folio of four erotic drawings by FN Souza and another drawing and two photographs of a woman in the nude by Akbar Padamsee in 2022. But when he tried to get them into the country, the Mumbai Customs, using a 1964 notification, cited obscenity and confiscated them. In addition, Karachiwala was fined ₹50,000 and asked to show cause as to why the department should not destroy these artworks. Karachiwala appealed the Mumbai Customs decision in the high court, which ruled in his favour. The court observed that the Customs officer cannot assume the mantle of being a spokesperson for community standards. “One such decision of Customs does not make the law on this subject,” noted the division bench …

Bombay HC slams NMMC for ‘haphazard urbanisation’, failure to take action against illegal constructions | Mumbai News

Bombay HC slams NMMC for ‘haphazard urbanisation’, failure to take action against illegal constructions | Mumbai News

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Coming down heavily on Navi Mumbai Municipal Corporation (NMMC) and other authorities for ‘haphazard urbanisation and development’ in the ‘planned city’ and insufficient action against nearly 10, 000 illegal constructions, the Bombay High Court on Wednesday said that it ‘cannot shut its eyes’ to the same and sought expedited actions against errants. The bench also pulled up NMMC, City and Industrial Development Corporation (CIDCO) and Maharashtra Industrial Development Corporation (MIDC) for not forming a coordination committee of officers in charge of their respective special cells to carry out demolition, to avoid conflict about jurisdictional areas, even after lapse of six years since the HC directions to constitute the same. It also warned authorities that if they do not take adequate steps to comply with various directions of the November 2018 HC verdict, it will be compelled to issue contempt notices and summon the CEO and Commissioner of the authorities before it, to show-cause as to why contempt action cannot be taken against them. The HC further expressed concerns over only 28 police personnel being made …

Raj Kundra pens cryptic note as Bombay HC gives interim relief on ED’s eviction notices: ‘I stand tall and stronger’ | Bollywood

Raj Kundra pens cryptic note as Bombay HC gives interim relief on ED’s eviction notices: ‘I stand tall and stronger’ | Bollywood

Published by Webster

Oct 11, 2024 04:13 PM IST Raj Kundra penned a cryptic post dedicated to people who tried to ‘tarnish’ his ‘reputation’. The businessmen recently got HC’s relief against ED notices. Raj Kundra and Shilpa Shetty had recently challenged the Enforcement Directorate’s notice to vacate their house in Mumbai’s Juhu area and Pune farmhouse in the Bombay High Court. The couple had received the notice in connection to an alleged money-laundering case. However, the Bombay HC has put hold on ED’s house eviction notice till the couple submits their stay application. Amid the ongoing legal case, Raj penned a cryptic post on Twitter. (Also read: Actor Shilpa Shetty, husband move HC, challenge ED’s eviction notices) Shilpa Shetty and Raj Kundra recently got relief from court against ED’s house eviction notices, Raj Kundra’s cryptic post after HC relief The businessman tweeted, “For the two men that tried to tarnish my reputation and bring me down. I forgive you, but let me remind you—it’s not easy to break someone who stands on the foundation of truth and courage! …