ValkyaEditorial

Tagged “bombay-high-court”

10 articles on bombay-high-court.

High CourtHigh Court of Bombay

Rashmi Realty Builders v. Pagariya (2024): a RERA dispute cannot be sent to arbitration

The Bombay High Court held that a dispute falling within the Real Estate (Regulation and Development) Act, 2016 is non-arbitrable, and that an arbitration clause in a builder-buyer arrangement cannot oust the jurisdiction of the Real Estate Regulatory Authority. Justice Madhav J. Jamdar applied the Booz Allen and Vidya Drolia non-arbitrability framework to a homebuyer's refund claim.

Valkya Editorial··6 min
High CourtHigh Court of Bombay at Goa

ABC v. XYZ (2026): the POSH Act punishes a false complaint, but not the person who instigated it

The Bombay High Court at Goa held that s.14 of the POSH Act penalises a woman (or a person filing on her behalf) for a false and malicious complaint, but provides no punishment for a third party who instigates one. It also held that an Internal Committee cannot record a named instigator as an 'unknown' source where his identity is disclosed in the retraction letter that closed the complaint.

Valkya Editorial··8 min
High CourtHigh Court of Bombay

Alkem Laboratories v. Numen Pharma (2026): ALCIPRO and ACIPROX are confusingly alike, and a 'bare possibility' of confusion suffices for medicines

On 8 June 2026 the Bombay High Court restrained Numen Pharma from using the mark 'ACIPROX', holding it phonetically similar to Alkem's registered 'ALCIPRO'. Justice Sharmila U. Deshmukh applied the heightened pharmaceutical confusion standard — the bare possibility of confusion is enough to injunct — and refused to dissect the rival marks syllable by syllable.

Valkya Editorial··6 min
High CourtHigh Court of Bombay

P v. A (2021): Bombay HC's confidentiality guidelines for POSH litigation

Justice G.S. Patel laid down a detailed code to shield the identities of parties and witnesses in sexual-harassment litigation — anonymised cause-titles, orders delivered in chambers or in-camera, and a bar on media or social-media disclosure without leave. The judgment built the working confidentiality framework for POSH cases under s.16 of the 2013 Act.

Valkya Editorial··7 min
High CourtHigh Court of Bombay

Bombay High Court on the retrospective spectrum charge (2026): the licensor cannot change the terms

In June 2026 a Division Bench of the Bombay High Court quashed two 2012 Union Cabinet decisions and the consequent demand notices that sought a retrospective one-time spectrum charge on Airtel and Vodafone Idea. A digest of the facts, the holding that the Centre cannot unilaterally rewrite existing licence terms, and what it means for the sector.

Valkya Editorial··7 min
High CourtHigh Court of Bombay

Ganesh Hingmire v. PRADA (2025): who can sue for a Kolhapuri Chappal GI, and why a PIL won't do

In July 2025 a Bombay High Court Division Bench dismissed a public interest litigation alleging that Prada's Milan runway sandals copied the Kolhapuri Chappal geographical indication. The Court held that the right to sue for GI infringement belongs to registered proprietors and authorised users, not to advocates filing a PIL under Article 226. A digest of the facts, the locus and forum holding, and what it settles about GI enforcement.

Valkya Editorial··8 min
High CourtHigh Court of Judicature at Bombay

Bombay HC, Fahim Ansari v. State of Maharashtra: police-clearance denial for a PSV badge, Article 21 livelihood and public safety

On 29 April 2026, a Division Bench of the Bombay High Court comprising Justice A. S. Gadkari and Justice Ranjitsinha Bhonsale held that denial of a Police Clearance Certificate for a Public Service Vehicle badge — to a petitioner acquitted in the 26/11 case but separately convicted in the 2008 Rampur CRPF camp attack — is a reasonable restriction on the right to livelihood under Article 21.

Valkya Editorial··11 min
High CourtBombay High Court

Section 9, Section 47, and the foreign award: Justice Sundaresan's intervention in Osterreichischer Lloyd

On 10 March 2026, a learned single judge of the Bombay High Court closed a gap that had quietly opened up in Indian arbitration practice: whether a foreign award-creditor who has filed an enforcement petition under Part II loses access to interim relief under Section 9. The judgment is short, the holding is precise, and the practitioner's takeaway is operational.

Valkya Editorial··8 min