DOCSLIB.ORG

In the High Court of Judicature at Bombay Ordinary Original Civil Jurisdiction Notice of Motion No

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
In the High Court of Judicature at Bombay Ordinary Original Civil Jurisdiction Notice of Motion No 211-NMS2144-10-PIDILITE-F.DOC SHEPHALI IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2144 OF 2010 IN SUIT NO. 2130 OF 2010 1. PIDILITE INDUSTRIES LIMITED, A company incorporated under the Companies Act, 1956 and having its office at Regent Chambers, Nariman Point, Mumbai 4"" "#1 2. HARDCASTLE & WAUD MANUFACTURING CO. LTD., A company incorporated under Indian Companies Act, 1913 having its office at Brabourne Stadium, Gate No. 10, 1st *+oor, 8-, Veer Nariman Road, Mumbai !"" 0#" And also at/ 190!, G$DC, 'arigam (.a+sad District2, (u3arat ...P !"#$"%%& Versus 1. VILAS NEMICHAND JAIN, trading as Ne4 Era Adhesive Industries, %, Bhi6amchand 7ain Comp+e8, 7a+gaon – !#5 0"1, District 7a+gaon 1MS2 2. M'S. NEW ERA, %, Bhi6amchand 7ain Comp+e8, 7a+gaon – Bombay!#5 0"1, District 7a+gaon High 1MS2 A9'O A; Court Post Sa6+i, ;a+u6a Ya4a+, 7a+gaon, Maharashtra – 4#5 3"#) ...D(%(#)!#$& 1 *% 2+ ::: Uploaded on - 14/09/2015 ::: Downloaded on - 07/10/2015 10:40:45 ::: 211-NMS2144-10-PIDILITE-F.DOC APPEARANCES FOR THE PLAINTIFFS D,. V. V. T- .!/-,0!,1 Se#"*, A)2*3!$(, with Mr. Sandip Parikh, Mr. Ashish Kamat, Mr. Rahul Duote, Mr. Minesh Andharia & Mr. Hemant Thadani, i/ Krishna & Saurastri Asso!iates. FOR THE DEFENDANTS D,. B. Sa,!%, with Mr. Vinod "ha#at, Mr. Dhiren Karania & Mr. Punit $ain, i/ %.S. He#de & V. "ha#at, &or De&endants 'os. 1 and ). CORAM 4 G. S. P!$( 1 J. JUDGMENT RESERVED ON 4 4$h Sept(67(, 2018 JUDGMENT PRONOUNCED ON 4 9$h S(/$(67(, 2018 JUDGMENT4 1. ;his is the P+aintiffs= app+ication for a restraint order in an action for passing off) ;he riva+ mar6s are identica+/ LEAKGUARD) ;here is no >uestion, therefore, of assessing any simi+arity or deceptive simi+arity) Both sides c+aim to be using the mar6 in re+ation to so+vent cements and simi+ar chemica+s and compounds) A+though the Defendants are based in 7a+gaon, their sa+es do not appear to be territoria++y or geographica++y restricted) P+aintiff No.1 1?P")" "$(@2 is a 4e++A6no4n manufacturer of, among other things, various types of adhesive products) Plaintiff No. # 1?H!,)3!&$ ( & BombayW!-)@2 c+aims to have adoptedHigh the mar6 in >uestion Court and +ater assigned its rights to the 1st Plaintiff) 2 *% 2+ ::: Uploaded on - 14/09/2015 ::: Downloaded on - 07/10/2015 10:40:45 ::: 211-NMS2144-10-PIDILITE-F.DOC #) ;he Plaintiffs c+aim prior user since 1999. ;his is 4hen, according to them, P+aintiff No. #, Hardcastle & Daud, began using this name in respect of solvent cement as a +i>uid chemica+) On #9th Apri+ 1999, Hardcastle C Daud made App+ication No. ,53-! for registration of a +abe+ mar6 containing the 4ord ?LEAKGUARD@ a+ong 4ith the e8pression HOLDTITE for use in re+ation to industria+ chemica+s) ;his app+ication has since proceeded to registration. A fe4 years +ater, from #""1, Hardcastle C Daud began using the e8pression LEAKGUARD in respect of solvent cement specifica++y for 3oining various 6inds of pipes such as PVC, CPVC and so on. %) ;he Plaintiffs c+aim that between #""1 and #"", their sa+es have steadi+y increased) By #""-A#"", their sa+es of products using the e8pression LEAKGUARD 4ere in e8cess of Rs) #"" +a6hs) $n addition, the P+aintiffs have anne8ed a Chartered Accountant=s certificate to the effect that for the period from 1st Apri+ #"", to %1st March #""9 the Plaintiffs 1or, at any rate, the 1st Plaintiff 2 had sa+es of Rs) #%)"% mi++ion and for the period from 1st Apri+ #""9 to %1st March #"1", they had sa+es of Rs) %!)96 mi++ion in respect of their LEAKGUARD-branded products) *or these periods, their advertisement and sa+es e8penses 4ere, respective+y, ")"! mi++ion and ")17 mi++ion. Photographic samp+es of the P+aintiffs= products are at 58hibit “C@ to the p+aint at page %5. ;hese sho4 cans and bott+es 4ith the 4ord LEAKGUARD set be+o4 the other e8pression BombayHOLDTITE) :ther materia+ isHigh at page %6 of the p+aint. 58hibitCourt ?5” at page %, is a product brochure of the 1st P+aintiff) $t specifica++y sho4s LEAKGUARD being used independently to describe the PVC so+vent cement sold by the P+aintiffs) According to Dr) ;u+Eapur6ar for the P+aintiffs, this literature in the trade was 4ide+y circu+ated) 3 *% 2+ ::: Uploaded on - 14/09/2015 ::: Downloaded on - 07/10/2015 10:40:45 ::: 211-NMS2144-10-PIDILITE-F.DOC !) ;he year #""1 is of crucia+ importance) ;he Defendants c+aim to have started using the same e8pression LEAKGUARD in Apri+ #""5, and Dr) 'araf for the Defendants says that such evidence of use by the Plaintiffs as there is between #""1 and #"", is scanty indeed) On #1st *ebruary #"",, Hardcastle C Daud, the #nd P+aintiff, assigned a++ its rights, title and interest in respect of the by then registered trade mar6 LEAKGUARD to the 1st P+aintiff) ;his 4as under a Deed of Assignment dated #1st *ebruary #"",) A copy of this Deed of Assignment is anne8ed to the p+aint. 5. On 16th *ebruary #"",, the 0efendants themse+ves app+ied for registration of the trade mar6 LEAKGUARD under App+ication No. 17!!"#% in C+ass 1. At the time of the app+ication, they c+aimed user from the year #""") ;his 4as, Dr) 'araf says, an inadvertent error, and on %"th 7anuary #""9 the 0efendants app+ied for an amendment to correct the user c+aim from #""" to 1st Apri+ #""5. $n the meantime, the 1st P+aintiff, Pidi+ite $ndustries 9imited, a+so made an app+ication on 16th 0ecember #"", for registration of a +abe+ mar6 that inter alia inc+uded the e8pression LEAKGUARD) ;o comp+ete this part of the narrative, $ must note that Dr) 'araf says that the Defendants have since 4ithdra4n their app+ication. Bo4ever, this may not ma6e a materia+ difference for the present purposes) What is important is that the 0efendants did app+y for registration of this mar6) ;he ma6ing of that app+ication itse+f has Bombaycertain undeniab+e imp+ications High and +ega+ conse>uences Court at +east to one limb of the case) 6. ;he Plaintiffs c+aim that in September 2""9 they came across one of the Defendants= products 4ith the mar6 LEAKGUARD) On 17th 4 *% 2+ ::: Uploaded on - 14/09/2015 ::: Downloaded on - 07/10/2015 10:40:45 ::: 211-NMS2144-10-PIDILITE-F.DOC 'eptember #""9, the 1st P+aintiff sent a cease and desist notice to the 1st Defendant. ;he 1st Defendant rep+ied by his Advocates= +etter dated 6th October #""9 refusing to give up the use of the mar6) $n 7anuary #"10, the 1st Plaintiff noticed an advertisement in the ;rade Mar6s 7ourna+ of the 1st 0efendant=s app+ication for registration. 9ater that year, the P+aintiffs found that the 1st 0efendant 4as se++ing his goods under the impugned mar6 in Mumbai) ;his suit 4as fi+ed on #6th 7u+y #"1") ;he Notice of Motion 4as fi+ed at about the same time) Between #"1" and #"15, severa+ Affidavits to the stage of a 'urA'urARe3oinder have been fi+ed) -) $ must a+so note that in the five years since it 4as fi+ed, the suit itse+f has progressed to the stage 4here the P+aintiffs have fi+ed their compi+ations of documents, many of 4hich have been mar6ed in evidence) $ note this because one of Dr) 'araf=s thresho+d submissions is that no4 that the suit itse+f is at the stage of tria+, 4ith one of the P+aintiffs= 4itnesses a+ready e8amined, no injunction is necessary or appropriate) $ 4i++ dea+ 4ith this straighta4ay) $t has +ong been noticed1 that the de+ays in our 3udicia+ process are sometimes unimaginab+e and stretch to severa+ years even in respect of matters that, by a++ rights, shou+d end in a fe4 4ee6s, months at the most. ;he de+ay notwithstanding, a p+aintiff must sti++ ma6e out a prima &a!ie case) &ut a de+ay in +isting or ta6ing Bombayup an interim app+ication High is not itse+f a reason Courtto deny that app+ication. $f, on 4e++-estab+ished parameters, a case is made out, an injunction 4i++ fol+o4) Ho4ever, and most especia++y in a c+aim for an injunction in a passing off action, the de+ay might affect an 1 An#lo*+ren!h Dru#s & ,ndustries -td . /isen Pharmaceuti!al 0ompan1 Pvt. -td., 199, 1182 P;C 69# 1&om2 8 *% 2+ ::: Uploaded on - 14/09/2015 ::: Downloaded on - 07/10/2015 10:40:45 ::: 211-NMS2144-10-PIDILITE-F.DOC assessment of the ba+ance of convenience) $f, in the intervening years, the defendant in such an action has substantia++y gro4n his business and continued to use the mar6 comp+ained of, $ imagine this 4ou+d give any court of e>uity some pause, and it might not so readi+y grant an injunction as it might have done at an ear+ier point in time) ;he fact that a tria+ has a+ready begun must a+so receive some weightage, even if it is not by itse+f determinative) ,) At +east at this interim stage the facts are not many) ;he issue of +a4 is a+so narro4/ 4hether, in an action based not on a mar6=s registration but only on passing off in re+ation to a descriptive mar6, on a p+aintiff being ab+e to sho4 that it is a prior user of the mar6 in >uestion, and has ac>uired some reputation and good4i++, is it, ipso &a!to entit+ed to an injunction in passing offF $s it sufficient for a p+aintiff in such a case to demonstrate on+y prior user, reputation and good4i++ in that distinctive mar6, or must the p+aintiff demonstrate in addition, as Dr) 'araf says, not on+y that the mar6 has ac>uired distinctiveness at the hands of the p+aintiff but, necessari+y, given that it is a descriptive mar6, a+so sho4 that it has ac>uired Ga secondary meaning=F Dr) ;u+Eapur6ar for the P+aintiffs in this case submits that it is not a+4ays essentia+ to estab+ish that the descriptive mar6, for the purposes of passing off, has ac>uired a secondary meaning) ;his, he submits, is overbroad as an absolute proposition.
Load more

Recommended publications
  • Bombay High Court
    2007 Bombay High Court 2007 JANUARY FEBRUARY MARCH APRIL S 7142128 S 4111825S 4111825S 1 8 15 22 29 M 1 8152229 M 51219 26 M 51219 26 M 2 9 16 23 30 T 2 9162330 T 6132027 T 6132027 T 3101724 W 3 10 17 24 31 W 7142128 W 7142128W 4111825 T 4 11 18 25 T 1 8 15 22 T 1 8 15 22 29 T 5121926 F 5 12 19 26 F 2916 23 F 2 9 16 23 30 F 6 13 20 27 S 61320 27 S 31017 24 S 3 10 17 24 31 S 7 14 21 28 1. Sundays, Second & Fourth Saturdays and other Holidays are shown in red. MAY 2. The Summer Vacation of the Court will commence on Monday the 7th May, JUNE S 6132027 2007 and the Court will resume its sitting on Monday the 4th June, 2007. S 3101724 3. The court will remain closed on account of October Vacation from 5th M 7142128 November to 18th November, 2007. M 4111825 T 1 8 15 22 29 4. Christmas Vacation from 24th December, 2007 to 6th January, 2008. T 5121926 5. Id-uz-Zuha, Muharram, Milad-un-Nabi, Id-ul-Fitr and Id-uz-Zuha W 2 9 16 23 30 respectively are subject to change depending upon the visibility of the W 6132027 T 3 10 17 24 31 Moon. If the Government of India declares any change in these dates through T 7142128 TV/AIR/Newspaper, the same will be followed. F 4 11 18 25 6.
    [Show full text]
  • The High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981 Act No
    THE HIGH COURT AT BOMBAY (EXTENSION OF JURISDICTION TO GOA, DAMAN AND DIU) ACT, 1981 ACT NO. 26 OF 1981 [9th September, 1981.] An Act to provide for the extension of the jurisdiction of the High Court at Bombay to the Union territory of Goa, Daman and Diu, for the establishment of a permanent bench of that High Court at Panaji and for matters connected therewith. BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:— 1. Short title and commencement.—(1) This Act may be called the High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981. (2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint. 2. Definitions.—In this Act, unless the context otherwise requires,— (a) “appointed day” means the date on which this Act comes into force; (b) “Court of the Judicial Commissioner” means the Court of the Judicial Commissioner for Goa, Daman and Diu. 3. Extension of jurisdiction of Bombay High Court to Goa, Daman and Diu.—(1) On and from the appointed day, the jurisdiction of the High Court at Bombay shall extend to the Union territory of Goa, Daman and Diu. (2) On and from the appointed day, the Court of the Judicial Commissioner shall cease to function and is hereby abolished: Provided that nothing in this sub-section shall prejudice or affect the continued operation of any notice served, injunction issued, direction given or proceedings taken before the appointed day by the Court of the Judicial Commissioner, abolished by this sub-section, under the powers then conferred upon that Court.
    [Show full text]
  • In the High Court of Judicature at Bombay
    IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION \9 NOTICE OF MOTION(NO.S2J"OF 2018 IN WRIT PETITION NO. 1286 OF 2018 Mumbai Cricket Association. ... Applicant (Original Respondent No.1) In the matter between NadimMemon ... Petitioner VERSUS Mumbai Cricket Association &Ors ... Respondents. INDEX Date Exh.No. Particulars Page No. Proforma Notice of Motion 1-8 Affidavit in support of Notice of . 9-15 Motion ". , 6/4/2018. A. Copy of order. 16-2~ 2/5/2018 B. News paper report in Times ofIndia 23 2/5/2018 C. Copy of Minutes of Committee of 24 Administrators of Respondent No.1 ~ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. OF 2018 IN WRIT PETITION NO. 1286 OF 2018 Mumbai Cricket Association, a public ) Trust registered under the provisions of ) Bombay public trust Act, 1950 as also a ) Society registered under the provision of the ) Societies Registration Act, 1860 having its ) Office at Cricket Center, Wankhede Stadium, ) Churchgate Mumbai- 400020. ) .. '" Applicant (Original Respondent No.1) In the matter between:- Nadim Memon, an adult Indian Inhabitant ) Occupation ;- Business having his address at ) 22, Rustom Sidwa Marg, Fort, Mumbai - 400 001 ) ... Petitioner Vis 1) Mumbai Cricket Association, a public ) Trust registered under the provisions of ) Bombay public trust Act, 1950 as also a ) Society registered under the provision of the ) Societies Registration Act, 1860 having its ) Office at Cricket Center, Wankhede Stadium, ) Churchgate Mumbai- 400020. ) v 2) Wizcraft International Entertainment Pvt. Ltd. ) A company registered under the Companies Act, 1956 ) Having its registered office at Satyadev Plaza, ) 5th Floor, Fun Republic Lane, Off.
    [Show full text]
  • Reportable in the High Court of Judicature at Bombay
    WWW.LIVELAW.IN Board of Control for Cricket in India vs Deccan Chronicle Holding Ltd CARBPL-4466-20-J.docx GP A/W AGK & SSM REPORTABLE IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION PETITION (L) NO. 4466 OF 2020 Board of Control for Cricket in India, a society registered under the Tamil Nadu Societies Registration Act 1975 and having its head office at Cricket Centre, Wankhede Stadium, Mumbai 400 020 … Petitioner ~ versus ~ Deccan Chronicle Holdings Ltd, a company incorporated under the Companies Act 1956 and having its registered office at 36, Sarojini Devi Road, Secunderabad, Andhra Pradesh … Respondent appearances Mr Tushar Mehta, Solicitor General, with FOR THE PETITIONER Samrat Sen, Kanu Agrawal, Indranil “BCCI” Deshmukh, Adarsh Saxena, Ms R Shah and Kartik Prasad, Advocates i/b Cyril Amarchand Mangaldas Page 1 of 176 16th June 2021 ::: Uploaded on - 16/06/2021 ::: Downloaded on - 16/06/2021 17:38:08 ::: WWW.LIVELAW.IN Board of Control for Cricket in India vs Deccan Chronicle Holding Ltd CARBPL-4466-20-J.docx Mr Haresh Jagtiani, Senior Advocate, with Mr Navroz Seervai, Senior Advocate, FOR THE RESPONDENT Mr Sharan Jagtiani, Senior Advocate, “DCHL” Yashpal Jain, Suprabh Jain, Ankit Pandey, Ms Rishika Harish & Ms Bhumika Chulani, Advocates i/b Yashpal Jain CORAM : GS Patel, J JUDGMENT RESERVED ON : 12th January 2021 JUDGMENT PRONOUNCED ON : 16th June 2021 JUDGMENT: OUTLINE OF CONTENTS This judgment is arranged in the following parts. A. INTRODUCTION ........................................................................ 4 B. THE CHALLENGE IN BRIEF; SUMMARY OF CONCLUSIONS................................................ 6 C. THE AMBIT OF SECTION 34 .................................................
    [Show full text]
  • LAW MANTRA THINK BEYOND OTHERS (I.S.S.N 2321- 6417 (Online) Ph: +918255090897 Website: Journal.Lawmantra.Co.In E-Mail: [email protected] [email protected]
    LAW MANTRA THINK BEYOND OTHERS (I.S.S.N 2321- 6417 (Online) Ph: +918255090897 Website: journal.lawmantra.co.in E-mail: [email protected] [email protected] INGRESSION OF WOMEN IN PLACES OF WORSHIP AN EQUALITY DIMENSION Abstract:- The bans such as women’s entry into temples involve notions and norms which directly clash with ideas of modernity and are also incompatible with rights enshrined in the Constitution. In a secular country like India, which promises to protect the rights of its citizens to practice religion and faith of his or her choice, rulings such as banning menstruating women to enter places of worship by priests are a violation of their rights. Women’s groups and organizations have come forward and challenged this whole notion of “purity-impurity” and are protesting against this unjust ruling by the temple heads in the name of god, religion, culture and practices. It seems that there is an increasing interest and inclination towards religion, and worship of gods and goddesses in recent years. This paper brings to limelight the violative provisions of law as a result of this unjust practice. Further, the paper will contrast certain cases with judicial responses on the related issues. Introduction: Human Rights these days is the most commonly debated topic, be it nationally or internationally. Those are rights that an individual possesses by virtue of being human and when the term human is used it should include both men as well as women, because it has become immensely important to understand that women also have these human rights because gender equality is there in the very core concept of human rights.
    [Show full text]
  • Working Papers
    Working Papers www.mmg.mpg.de/workingpapers MMG Working Paper 13-04 ● ISSN 2192-2357 SUMEET MHASKAR Indian Muslims in a Global City: Socio-Political Effects on Economic Preferences in Contemporary Mumbai Religious and Ethnic Diversity und multiethnischer Gesellschaften Max Planck Institute for the Study of Max Planck Institute for the Study of Max-Planck-Institut zur Erforschung multireligiöser Sumeet Mhaskar Indian Muslims in a Global City: Socio-Political Effects on Economic Preferences in Contemporary Mumbai MMG Working Paper 13-04 Max-Planck-Institut zur Erforschung multireligiöser und multiethnischer Gesellschaften, Max Planck Institute for the Study of Religious and Ethnic Diversity Göttingen © 2013 by the author ISSN 2192-2357 (MMG Working Papers Print) Working Papers are the work of staff members as well as visitors to the Institute’s events. The analyses and opinions presented in the papers do not reflect those of the Institute but are those of the author alone. Download: www.mmg.mpg.de/workingpapers MPI zur Erforschung multireligiöser und multiethnischer Gesellschaften MPI for the Study of Religious and Ethnic Diversity, Göttingen Hermann-Föge-Weg 11, 37073 Göttingen, Germany Tel.: +49 (551) 4956 - 0 Fax: +49 (551) 4956 - 170 www.mmg.mpg.de [email protected] Abstract This paper examines the effects of socio-political processes on economic preferences in Mumbai by focussing on the case of Muslim ex-millworkers. The argument of this paper is that the feeling of karahiyat [Urdu: nausea, disgust, hate, etc.] com- bined with suspicion, in terms of terrorism and mafia, creates barriers for Muslims’ employment and self-employment opportunities. The argument is substantiated by using the survey data of 924 ex-millworkers and in-depth interviews with 80 ex-mill- workers collected during 2008-09 and 2010-11.
    [Show full text]
  • Freedom of Religion and the Indian Supreme Court: The
    FREEDOM OF RELIGION AND THE INDIAN SUPREME COURT: THE RELIGIOUS DENOMINATION AND ESSENTIAL PRACTICES TESTS A THESIS SUBMITTED TO THE GRADUATE DIVISION OF THE UNIVERSITY OF HAWAI‘I AT MĀNOA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS IN RELIGION MAY 2019 By Coleman D. Williams Thesis Committee: Ramdas Lamb, Chairperson Helen Baroni Ned Bertz Abstract As a religiously diverse society and self-proclaimed secular state, India is an ideal setting to explore the complex and often controversial intersections between religion and law. The religious freedom clauses of the Indian Constitution allow for the state to regulate and restrict certain activities associated with religious practice. By interpreting the constitutional provisions for religious freedom, the judiciary plays an important role in determining the extent to which the state can lawfully regulate religious affairs. This thesis seeks to historicize the related development of two jurisprudential tests employed by the Supreme Court of India: the religious denomination test and the essential practices test. The religious denomination test gives the Court the authority to determine which groups constitute religious denominations, and therefore, qualify for legal protection. The essential practices test limits the constitutional protection of religious practices to those that are deemed ‘essential’ to the respective faith. From their origins in the 1950s up to their application in contemporary cases on religious freedom, these two tests have served to limit the scope of legal protection under the Constitution and legitimize the interventionist tendencies of the Indian state. Additionally, this thesis will discuss the principles behind the operation of the two tests, their most prominent criticisms, and the potential implications of the Court’s approach.
    [Show full text]
  • Sabarimala and Women's Entry
    EDITORIAL NOTE SABARIMALA AND WOMEN’S ENTRY: NEED FOR A BAN ON THE BAN I. IntrOductiON Restricting women’s entry to places of religious worship has become a highly contentious issue of late. Though such practices have been persisting for decades in India,1 movements across the country have recently espoused these concerns, leading to several petitions being filed in High Courts and in the Supreme Court. Demonstrating an encouraging trend, courts have emphatically upheld rights of women to equality and freedom of religion, thus striking down the restrictions imposed. The Bombay High Court, for instance, ruled that the inner sanctum of the Shani Shingnapur temple in Ahmednagar, Maharashtra be opened to women, as it is the fundamental right of women to enter all places of worship that allow entry to men, and the duty of the state to protect such right.2 The Court relied on the Maharashtra Hindu Places of Public Worship (Entry Authorisation) Act, 1956, which prohibits obstructing a section or class of the Hindu population from entering places of worship.3 In September, 2016, in a landmark decision, the Bombay High Court permitted the entry of women entry into the sanctum sanctorum at the 1 Several places of worship in India deny entry to women, including the Haji Ali Dargah in Bombay, the Patbausi Satra in Assam, the Sabarimala temple in Kerala, the Trimbakeshwar temple in Nashik and the Kartikeya temple in Pushkar. A common justification given is the fear that the sanctity of the temple premise would be compromised by menstruating women who are considered impure and polluted.
    [Show full text]
  • HIGH COURT, BOMBAY Calendar for the Year 2021
    HIGH COURT, BOMBAY Calendar for the year 2021 2021 JANUARY FEBRUARY MARCH APRIL SUNDAY 31 3 10 17 24 7 14 21 28 7 14 21 28 4 11 18 25 MONDAY 4 11 18 25 1 8 15 22 1 8 15 22 29 5 12 19 26 TUESDAY 5 12 19 26 2 9 16 23 2 9 16 23 30 6 13 20 27 WEDNESDAY 6 13 20 27 3 10 17 24 3 10 17 24 31 7 14 21 28 THURSDAY 7 14 21 28 4 11 18 25 4 11 18 25 1 8 15 22 29 FRIDAY 1 8 15 22 29 5 12 19 26 5 12 19 26 2 9 16 23 30 SATURDAY 2 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 26 Republic Day 19 Chhatrapati 29 Holi (2nd day) 2 Good Friday Shivaji Maharaj 12 Holiday Jayanti 13 Gudi Padwa 14 Dr. Babasaheb Ambedkar Jayanti MAY JUNE JULY AUGUST SUNDAY 30 2 9 16 23 6 13 20 27 4 11 18 25 1 8 15 22 29 MONDAY 31 3 10 17 24 7 14 21 28 5 12 19 26 2 9 16 23 30 TUESDAY 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 WEDNESDAY 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 THURSDAY 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 FRIDAY 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 SATURDAY 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 1 Maharashtra Day 21 Bakri Id 16 Parsi New Year 14 Ramzan Id 19 Moharrum 26 Buddha Pournima SEPTEMBER OCTOBER NOVEMBER DECEMBER SUNDAY 5 12 19 26 31 3 10 17 24 7 14 21 28 5 12 19 26 MONDAY 6 13 20 27 4 11 18 25 1 8 15 22 29 6 13 20 27 TUESDAY 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 WEDNESDAY 1 8 15 22 29 6 13 20 27 3 10 17 24 1 8 15 22 29 THURSDAY 2 9 16 23 30 7 14 21 28 4 11 18 25 2 9 16 23 30 FRIDAY 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 SATURDAY 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 10 Ganesh Chaturthi 2 Mahatma Gandhi 1-6 Diwali Holidays Jayanti 19 Guru Nanak 15 Dasara Jayanti 19 Id-E-Milad ..2/- ..2.
    [Show full text]
  • Dated 9Th October, 2018 Reg. Appointment of Chief Justice In
    SUPREME COURT OF INDIA Re: Appointment of Chief Justice in Bombay High Court. Office of the Chief Justice of the Bombay High Court has been lying vacant for quite some time, consequent upon retirement of Mrs. Justice Manjula Chellur, Chief Justice of tha t High Court. Therefore, appointment to that office is required to be made. Mr. Justice N.H. Patil is the senior-most Judge from Bombay High Court and at present is functioning as Acting Chief Justice of that High Court. Having regard to all relevant factors, the Collegium finds Mr. Justice N.H. Patil suitable in all respects for being appointed as Chief Justice of the Bombay High Court. The Collegium resolves to recommend accordingly. While making the above recommendation, the Collegium has also taken into consideration the fact that at present there are two Chief Justices from Bombay High Court and, out of two Chief Justices, one viz. Mr. Justice D.B. Bhosale is going to retire on superannuation shortly on 23rd October, 2018 thereby leaving only one Chief Justice from Bombay High Court, which is one of the biggest High Courts with sanctioned Judge-strength of 94 Judges. It is made clear that the Collegium while making the above recommendation is conscious of the fact that Mr. Justice N.H. Patil hails from Bombay High Court and is due to retire in April 2019. In this connection, the Collegium has invoked the provision of the Memorandum of Procedure which provides for elevation of a puisne Judge as Chief Justice in his own High Court if he has one year or less to retire.
    [Show full text]
  • BOMBAY HIGH COURT.Pdf
    BOMBAY HIGH COURT S. Court Date of Date Panel Tel(O No Name Address Nam Appointmen of Tel (R) Name ) . e t expiry High Addl. Court Of Public 30/05/201 1 Rajesh Desai Bombay High Court, Mumbai 30/05/2012 Bombay, Presecuto 5 Mumbai r High Addl. Court Of Public 30/05/201 2 Shahji R. Shinde Bombay High Court, Mumbai 30/05/2012 Bombay, Presecuto 5 Mumbai r High Addl. Court Of Public 30/05/201 3 Hiten S. Venegavkar Bombay High Court, Mumbai 30/05/2012 Bombay, Presecuto 5 Mumbai r High Addl. Court Of Public 30/05/201 4 Uma Palsuledesai Bombay High Court, Mumbai 30/05/2012 Bombay, Presecuto 5 Mumbai r GULESTAN BLD. 4TH FLOR, MAHRASHI High DADHICHI ROAD,NEAR Court Of Special 28/06/201 5 L.S. SHETTY 29/06/2009 22004411 I.B. PATIT SCHOOL, Bombay, Counsel 2 FLORA FOUNTAIN, Mumbai MUMBAI-400 001. 403, SADICCHA TOWER, High JAYANT C. BESIDE HOTEL ROYAL Court Of Special 23/08/201 25397129, 6 24/08/2009 SATPUTE INN,OLD AGRAROAD, Bombay, Counsel 2 25397328 THANE (W)-400 601. Mumbai High 73/63, MEHRDAD, CUFFE POORNIMA Court Of Special 15/11/201 22844332, 7 PARADE,MUMBAI-400 16/11/2009 ADVANI Bombay, Counsel 2 22822201 005. Mumbai SONAWALA BUILDING, High 2ND FLOOR, 19, BANK Court Of Special 15/11/201 22679885, 8 BENI M. CHATTERJI 16/11/2009 STREET,FORT, MUMBAI- Bombay, Counsel 2 26311944 400 023. Mumbai 401, GODAVARI SADAN, High SURESH KASHINATH DHURU Court Of Special 15/11/201 9 SHANTARAM MARG,NEAR KEERTI 16/11/2009 Bombay, Counsel 2 PAKALE COLLEGE, DADAR(W) Mumbai MUMBAI-400 028.
    [Show full text]
  • Bombay 100 Years Ago, Through the Eyes of Their Forefathers
    Erstwhile, ‘Bombay’, 100 years ago was beautifully built by the British where the charm of its imagery and landscape was known to baffle all. The look and feel of the city was exclusively reserved for those who lived in that era and those who used to breathe an unassuming air which culminated to form the quintessential ‘old world charisma’. World Luxury Council (India) is showcasing, ‘never seen before’ Collectors’ Edition of 100 year old archival prints on canvas through a Vintage Art Exhibit. The beauty of the archival prints is that they are created with special ink which lasts for 100 years, thus not allowing the colors to fade. The idea is to elicit an unexplored era through paradoxically beautiful images of today’s maximum city and present it to an audience who would have only envisioned Bombay 100 years ago, through the eyes of their forefathers. The splendid collection would be an absolute treat for people to witness and make part of their ‘vintage art’ memorabilia. World Luxury Council India Headquartered in London, UK, World Luxury Council (India) is a ‘by invitation only’ organization which endeavours to provide strategic business opportunities and lifestyle management services though its 4 business verticals – World Luxury Council, World Luxury Club, Worldluxurylaunch.com and a publishing department for luxury magazines. This auxiliary marketing arm essentially caters to discerning corporate clients and high net worth individuals from the country and abroad. The Council works towards providing knowledge, assistance and advice to universal luxury brands, products and services requiring first class representation in Indian markets through a marketing mix of bespoke events, consultancy, web based promotions, distribution and networking platforms.
    [Show full text]