Citations 2024 LiveLaw (Bom) 543 to 2024 LiveLaw (Bom) 558Nominal Index:Maniyar Hasina vs Election Commission of India, 2024 LiveLaw (Bom) 543Indus Power Tech Inc. v. M/s. Echjay Industries Pvt. Ltd. , 2024 LiveLaw (Bom) 544Sachin Waze v State, 2024 LiveLaw (Bom) 545National Leasing Limited versus The Assistant Commissioner of Income, 2024 LiveLaw (Bom) 546Chhota Rajan vs. State, 2024...
Citations 2024 LiveLaw (Bom) 543 to 2024 LiveLaw (Bom) 558
Nominal Index:
Maniyar Hasina vs Election Commission of India, 2024 LiveLaw (Bom) 543
Indus Power Tech Inc. v. M/s. Echjay Industries Pvt. Ltd. , 2024 LiveLaw (Bom) 544
Sachin Waze v State, 2024 LiveLaw (Bom) 545
National Leasing Limited versus The Assistant Commissioner of Income, 2024 LiveLaw (Bom) 546
Chhota Rajan vs. State, 2024 LiveLaw (Bom) 547
Nagpur Improvement Trust vs. Jain Kalar Samaj, 2024 LiveLaw (Bom) 548
The Commissioner of Income Tax versus Dr. Kasliwal Medical Care & Research Foundation, 2024 LiveLaw (Bom) 549
M/s. Duro Shox Pvt. Ltd. v. The State of Maharashtra and Anr. , 2024 LiveLaw (Bom) 550
Arunkumar Devnath Singh vs State of Maharashtra, 2024 LiveLaw (Bom) 551
Manjeet Kaur vs Bar Council of Maharashtra & Goa, 2024 LiveLaw (Bom) 552
Girnar Food & Beverages Pvt. Ltd. vs.TNI Plastics, 2024 LiveLaw (Bom) 553
Digambar Agawane vs State, 2024 LiveLaw (Bom) 554
Avenues Seasons Properties Llp Vs. Nissa Hoosain Nensey & Ors. , 2024 LiveLaw (Bom) 555
M/s. J.W. Marriott Juhu vs. Nilesh Kanojia & Anr. , 2024 LiveLaw (Bom) 556
Aiyaz Mohammad vs. Mahindra and Mahindra Ltd. , 2024 LiveLaw (Bom) 557
The State of Maharashtra, through Directorate of Medical Education and Research & anr Versus Smt. Sunita Shankarrao Vhatkar & Ors., 2024 LiveLaw (Bom) 558
Judgments/Final Orders:
Case Title: Maniyar Hasina vs Election Commission of India
Citation: 2024 LiveLaw (Bom) 543
The Bombay High Court on Monday disposed of a petition filed by the parents of school students, who challenged the 'full time' poll duties for teachers amid exams, arguing that it 'violates the right to education' of their children.
Non-Compete Clause Is Invalid Post-Termination Of Contract As It Results In Restraint Of Trade: Bombay High Court Sets Aside Injunction
Case Title: Indus Power Tech Inc. v. M/s. Echjay Industries Pvt. Ltd.
Citation: 2024 LiveLaw (Bom) 544
The Bombay High Court Bench of Justice A.S. Chandurkar and Justice Rajesh S. Patil has held that though a non-compete clause can operate validly during the term of the agreement. But it would not be valid post-termination of the agreement as it would result in restraint of trade prohibited by Section 27 of the Indian Contract Act, 1872.
Bombay High Court Grants Bail To Sachin Waze In Corruption Case Related To Anil Deshmukh
Case title: Sachin Waze v State
Citation: 2024 LiveLaw (Bom) 545
The Bombay High Court granted bail to dismissed controversial cop Sachin Waze, who was arrested in the 'corruption' case related to former Home Minister and senior NCP (SP) leader Anil Deshmukh.
A division bench of Justices Mahesh Sonak and Jitendra Jain ordered Waze's release subject to the conditions that will be imposed on him by the special anti-corruption court in Mumbai.
Bombay HC Holds 'Income From Leasing Of Property' As 'Income From Business', Says Deciding Factor Is Not Ownership But Nature Of Activity
Case Title: National Leasing Limited versus The Assistant Commissioner of Income
Citation: 2024 LiveLaw (Bom) 546
The Bombay High Court held that assessee had correctly accounted income from leasing out of properties under the head 'income from profits & gains of businesses', and not as 'income from house property'.
The Justice G. S. Kulkarni and Justice Firdosh P. Pooniwalla also after finding that income of assessee is derived from letting out of the properties, which in fact, is the principal business of the assessee as seen from its main objectives contained in its memorandum of association.
Bombay High Court Grants Bail To Chhota Rajan In Hotelier Murder Case, Suspends Life Sentence
Case Title: Chhota Rajan vs. State
Citation: 2024 LiveLaw (Bom) 547
The Bombay High Court has granted bail to gangster Chhota Rajan, who was convicted for the murder of hotelier Jaya Shetty in 2001.
On May 30, 2024, a special MCOCA Court convicted Rajan along with others and sentenced him to life imprisonment.
Nagpur Improvement Trust Asking To Vacate Land In 30 Days 'Waives' 2 Month Notice Allottee Has To Give Before Filing Lawsuit: Bombay HC
Case title: Nagpur Improvement Trust vs. Jain Kalar Samaj
Citation: 2024 LiveLaw (Bom) 548
In a case concerning the interpretation of Section 115 of Nagpur Improvement Trust (NIT) Act wherein a person can sue the authority only after two months from the expiry of his notice to the authority, the Nagpur Bench of the Bombay High Court said that NIT's conduct in asking a party to vacate a land in 30 days in turn amounted to a waiver of Section 115's mandate.
After referring to various pronouncements on the principle of waiver, a division bench of Justice Urmila Joshi Phalke and Justice M.W Chandwani said, “Therefore, issuing a Notice mentioning a lesser period than mentioned in Section 115 of the NIT Act and depriving the other party to approach the Civil Courts and depriving him from asserting his right under the common law by ignoring the provisions which is for the benefit of the Trust and the Trust has chosen not to act as per the provisions amounts to “waiver”.
Non-Disposal Of Application For Registration U/S 12AA Of IT Act Within 6 Months Doesn't Result In "Deemed Registration”: Bombay High Court
Case Title: The Commissioner of Income Tax versus Dr. Kasliwal Medical Care & Research Foundation
Citation: 2024 LiveLaw (Bom) 549
Referring to decision of CIT vs. Harshit Foundation Sehmalpur, the Bombay High Court reiterated that Sec 12AA(2) does not make any provision, to the effect that non-deciding of the registration application u/s 12AA(2) within a period of six months, brought about a deemed registration.
The Division Bench of Justice G. S. Kulkarni and Justice Firdosh P. Pooniwalla clarified that “non-disposal of application for registration by granting or refusing registration, before the expiry of six months as provided u/s 12AA(2), would not result in a deemed grant of registration”.
Tribunal's Award However Erroneous, Must Be Challenged U/S 34 Of Arbitration Act, Court Cannot Exercise Writ Jurisdiction: Bombay HC
Case Title: M/s. Duro Shox Pvt. Ltd. v. The State of Maharashtra and Anr.
Citation: 2024 LiveLaw (Bom) 550
The Bombay High Court Bench of Justice Arun R. Pedneker held that when the 'Award' is made by the Facilitation Council / Tribunal by exercising jurisdiction vested in it, however erroneous the 'Award' may be, the same has to be challenged only by invoking Section 34 of the Arbitration Act.
This court would not exercise jurisdiction under Articles 226 and 227 of the Constitution of India, only to avoid the aggrieved party from the hardship of deposit of 75% of the award amount in terms of Section 19 of the MSMED Act.
Bombay High Court Denies Anticipatory Bail To Father Of Another Minor Who Was Present In The Pune Porsche Car During Accident
Case Title: Arunkumar Devnath Singh vs State of Maharashtra
Citation: 2024 LiveLaw (Bom) 551
The Bombay High Court on Wednesday dismissed the anticipatory bail application filed by the father of the second minor in the Pune Porsche accident, who was sitting next to the main accused - a Child in Conflict with Law (CCL), who allegedly was driving the car on May 19, 2024 in a high speed and killed two youth after mowing them down.
Single-judge Justice Manish Pitale noted that the applicant Arunkumar Singh had bribed the doctors at the Sasoon Hospital in Pune just after the accident to get his son's blood samples changed with another co-accused, only to ensure that the medical reports do not indicate presence of any alcohol in his son's blood.
Woman Advocates Seeks Senior Designation After Completing 10 Years Of Practice, Cites Fundamental Duties; Bombay High Court Rejects Plea
Case Title: Manjeet Kaur vs Bar Council of Maharashtra & Goa
Citation: 2024 LiveLaw (Bom) 552
The Bombay High Court on Monday (October 21) dismissed the plea filed by a woman advocate, who sought to be designated as a 'senior advocate' in view of her completing 10 years in legal practice.
A division bench of Justices Nitin Sambre and Vrushali Joshi noted that the petitioner advocate - Manjeet Kaur (47), sought senior designation while relying on section 16 (which provides for designation of senior advocates based on their knowledge and standing in the Bar) of the Advocates Act, 1961 and also the fundamental duties provided under Article 51A of the Constitution of India.
Bombay High Court Holds Tea Brand 'GIRNAR' As Well-Known Trademark In India, Says It Has Become A 'Household Name'
Case title: Girnar Food & Beverages Pvt. Ltd. vs.TNI Plastics
Citation: 2024 LiveLaw (Bom) 553
The Bombay High Court has held the popular food and beverage mark–'GIRNAR' as a well-known trademark in India within the meaning of the Trade Marks Act, noting that its recognition and goodwill extends beyond any specific class of goods or services.
In doing so a single judge bench of Justice R.I. Chagla also observed that the trade mark 'GIRNAR' has indeed become a household name in India.
“You Are Not A CM": High Court Denies Interim Bail To BJP Leader For Contesting Maharashtra Polls, Says Arvind Kejriwal Order Not Applicable
Case title: Digambar Agawane vs State
Citation: 2024 LiveLaw (Bom) 554
The Bombay High Court on Thursday while denying interim bail to a Bharatiya Janata Party (BJP) leader Digambar Agawane for contesting the upcoming Maharashtra Assembly Elections, said 'right to contest' was not a fundamental right and that the applicant can contest the ensuing polls from the jail itself.
Single-judge Justice Manish Pitale, while refusing to accept the contention of Agawane that the recent ruling of the Supreme Court in Arvind Kejriwal's case would squarely apply on his case, as he too seeks interim bail to contest the upcoming elections just like Kejriwal had sought interim bail for campaigning in the then held Lok Sabha Elections.
Arbitration Proceedings Can't Be Commenced Against Third Parties Who Are Not Parties To Agreement: Bombay High Court
Case Title: Avenues Seasons Properties Llp Vs. Nissa Hoosain Nensey & Ors.
Citation: 2024 LiveLaw (Bom) 555
The Bombay High Court bench of Justice A. S. Chandurkar and Justice Rajesh S. Patil has held that arbitration proceedings cannot be commenced against third parties who have not signed the Arbitration Agreement. The court observed that either the developer or the society, who has signed the Development Agreement can invoke the arbitration agreement in case of dispute. A party who is not mentioned in the Development Agreement and has not signed the contract cannot be referred to arbitration.
Dismissal For Theft Justified When Position Of Trust Is Violated, Reinstatement Not Automatic Remedy And Value Of Stolen Property Irrelevant: Bombay HC
Case title: M/s. J.W. Marriott Juhu vs. Nilesh Kanojia & Anr.
Citation: 2024 LiveLaw (Bom) 556
A Single Judge Bench of Justice Sandeep V. Marne set aside the Labour Court's and Industrial Court's orders reinstating a security associate dismissed from JW Marriott for theft. The Court held that theft of hotel property by a security employee constitutes serious misconduct regardless of the value of stolen items, given their position of trust. The Court found that the employee's subsequent disruptive behavior with union members further justified the dismissal. While quashing the reinstatement order, the Court awarded compensation of Rs. 5 lakhs in lieu of reinstatement, considering the totality of circumstances.
Bombay HC Sets Guidelines For Reviewing Proportionality Of Industrial Disciplinary Action; Bars Use Of New Evidence From Assessing Proportionality Of Punishment
Case title: Aiyaz Mohammad vs. Mahindra and Mahindra Ltd.
Citation: 2024 LiveLaw (Bom) 557
A Single Judge Bench of Justice Anil L. Pansare remanded the case of a dismissed worker back to the Labour Court, directing a fresh assessment of punishment proportionality based solely on existing evidence. The court ruled that while Mahindra and Mahindra could potentially justify harsher punishment for the alleged protest leader, the stark disparity between his dismissal and co-workers' four-day suspension warranted review. Following Supreme Court precedents in Raghubir Singh and Firestone Tyre cases, the court held that proportionality assessment must exclude new evidence and rely only on the original trial record.
Permanency Of Post Not To Be Granted Merely On The Completion Of Certain Days Of Service; But To Be Considered If Scheme Present For The Same:Bombay High Court
Case Title: The State of Maharashtra, through Directorate of Medical Education and Research & anr Versus Smt. Sunita Shankarrao Vhatkar & Ors.
Citation: 2024 LiveLaw (Bom) 558
The Bombay High Court Bench of Justice Sandeep V Marne considered a petition against an order passed by the Industrial Court allowing Respondents grant of permanency as well as other benefits. The Court ordered that simply completion of 240 days of service is not enough to mandate permanent post, however, in case creation of permanency was in consideration, via scheme provision or otherwise, then the case of employees must be considered fairly.
Other Orders/Observations:
PIL In Bombay Court Against 'Ticket Scalping' And 'Black Marketing' Of Online Tickets Of Concerts And Major Events
In relation to the recent controversy concerning 'ticket scalping' of Coldplay concert, a Public Interest Litigation (PIL) has been filed in the Bombay High Court seeking the formation of guidelines to address the practices of black marketing, ticket touting and ticket scalping of online tickets during concerts and other events.
Bombay High Court Asks Pollution Control Board, BMC To Respond To Allegations Of Rampant Use Of 'PoP Idols' During Festivals
The Bombay High Court on Monday (October 21) asked the Maharashtra Pollution Control Board (MPCB) and Municipal Corporation of Greater Mumbai (BMC) to file affidavits to respond to allegations of rampant use of Plaster of Paris (PoP) idols during festivals this year.
The matter concerns a PIL that seeks implementation of the ban on using PoP to manufacture religious idols. Today, the counsel for the petitioner stated that there was extensive use of PoP idols during the Diwali and Dussehra festivities this year. The counsel stated that the PoP idols were being used despite a ban and against the Court's earlier order.
Bombay High Court Pulls Up Mumbai Police For “Lethargic And Lackadaisical" Probe In Allegations Of Illegal Bungalows In City's Madh-Island Region
The Bombay High Court last week pulled up the Mumbai Police for its 'lethargic and lackadaisical' approach in dealing with a First Information Report (FIR) related to the alleged forging of documents and also maps to construct illegal bungalows at the city's plush Madh-Island area in western suburbs.
A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan noted that the FIR with regards to the alleged forging of 884 maps for constructing illegal bungalows, was lodged way back in December 2021 with the Kherwadi Police Station in Bandra, yet the police has recorded statements of only 24 witnesses.
Bombay High Court Directs Mumbai University To File Affidavit On Minimum Attendance Requirement In PIL Over Law Students 'Absenteeism'
The Bombay High Court has directed the University of Mumbai to file an affidavit on whether the university has prescribed any minimum attendance for students to be eligible for writing the examinations.
The issue concerns a PIL filed by a law professor from Mumbai University seeking enforcement of mandatory attendance requirements among law students enrolled in various colleges affiliated with the university.
'Prima Facie' BMC Has Failed To Control The Menace Of Illegal Hawkers: Bombay High Court
The Bombay High Court on Wednesday, while castigating the Brihanmumbai Municipal Corporation (BMC) for 'failing' to control the menace of illegal hawkers within Mumbai, said it will now have a 'pragmatic' approach to resolve this long pending issue.
A division bench of Justices Ajay Gadkari and Kamal Khata was irked to note that despite the 'tall claims' of the BMC in its earlier affidavits of identifying 20 sites across the city and keeping a vigil, the issue of hawkers continued.
PIL in Bombay High Court Challenges Motor Vehicles (Amendment) Act, 2019
A Public Interest Litigation (PIL) has been filed in the Bombay High Court challenging the Motor Vehicles (Amendment) Act, 2019.
The petitioner is an association of lawyers practicing at the Motor Accident Claim Tribunal (MACT) in Mumbai. The petitioner contends that the amended Act has brought several changes detrimental to the interests of victims of road accidents and their families.
Bombay High Court Issues Notice To Railway Authorities On Alleged Harassment Faced By Woman Advocate For Feeding Stray Dogs At Bandra Station
The Bombay High Court on Thursday issued notice to the Railway Protection Police (RPF) and also the Government Railway Police (GRP) on a petition filed by a woman advocate, who was allegedly harassed by the railway officers for feeding a handicap dog on the premises of Bandra railway station.
A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan has also ordered the authorities to preserve the CCTV footages of platform number 1 of the Bandra railway station, where the incident occurred on September 6.