Bombay High Court Stays Fraud Proceedings Against Anil Ambani Over Prima Facie Defective Forensic Audit

The Bombay High Court on Wednesday stayed fraud classification proceedings initiated by Indian Overseas Bank, IDBI Bank and Bank of Baroda against Anil Ambani, founder and chairman of the Reliance Group, after prima facie finding serious defects in the forensic audit relied upon by the banks. A single-judge bench of Justice Milind N. Jadhav, while granting interim relief, held that the forensic audit report dated October 15, 2020, prepared by BDO LLP, was “not being in consonance with the RBI...

Civilian Awardees Can't Use "Padma Shri, Padma Vibhushan, Padma Bhushan Or Bharat Ratna" As Prefix To Their Names: Bombay High Court

The civilian awards such as Padma Shri, Padma Vibhushan, Padma Bhushan and Bharat Ratna cannot be used as a prefix or suffix to the names of the awardees, the Bombay High Court reiterated recently.Single-judge Justice Somasekhar Sundaresan while dealing with a petition involving a 2014 awardee Dr Sharad Hardikar, noted that he had used "Padma Shri" as a prefix to his name in the title of...

Bombay High Court Quashes SC/ST Act Case Against Marathi TV Channel Over Use Of Objectionable Word Against Mahar Community

The Bombay High Court on Tuesday (December 23) while quashing the First Information Report (FIR) lodged against Marathi TV Channel 'Star Pravah' for referring to a Scheduled Caste's name in one of its serial's episodes, held that mere use or reference to the name of a caste or tribe cannot constitute an offence under the stringent Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. A division bench of Justices Manish Pitale and Manjusha Deshpande, was hearing a plea filed by...

Palghar Mob Lynching: Bombay High Court Denies Bail To 4 Accused

The Bombay High Court on Tuesday refused to grant bail to four men booked in the infamous Palghar Sadhu Lynching case wherein two monks and their driver were killed by a mob which misunderstood them to be thieves. Single-judge Justice Dr Neela Gokhale denied bail to Rajesh Dhakal Rao, Sunil @ Satya Shantaram Dalvi, Sajanya Barkya Burkud and Vinod Ramu Rao.The judge while denying bail, considered the gravity of the offence and also the chances of tampering the evidence and winning over the...

'Insurance Company Cannot Claim Non-Receipt Of Premium When It Was Negligent In Handling Cheque': Bombay High Court

The Bombay High Court held that an insurance company cannot avoid liability by pleading non-receipt of the insurance premium when the cheque towards the premium was received in time but was negligently handled by the insurer itself. The Court observed that where the insurer assumes risk after receiving the premium cheque and issues a renewed policy, it cannot subsequently repudiate the claim...

Bombay High Court Declines To Temporarily Injunct Use Of 'Saat Samundar Paar' In Upcoming Dharma Film

The Bombay High Court on Tuesday declined to grant ad‑interim relief to Trimurti Films Pvt. Ltd. in a copyright infringement suit concerning the use of the song “Saat Samundar Paar” in the upcoming Hindi film 'Tu Meri Main Tera Main Tera Tu Meri'. The court has refused to injunct the use of the song in the upcoming Dharma Products movie slated for a Christmas Release.A single judge Bench...

'Come Back To India For Challenging Vires Of Fugitive Economic Offenders Act': Bombay High Court To Vijay Mallya

The Bombay High Court on Tuesday asked former liquor baron Vijay Mallya to file an affidavit stating when he proposes to return to India, making it clear that his challenge to the constitutional validity of the Fugitive Economic Offenders Act, 2018 (FEO Act) will not be entertained unless he submits to the jurisdiction of the court.A Division Bench of Chief Justice Shree Chandrashekhar...

“You Do Not Care About The Poor”: Bombay High Court Raps Civic Bodies Over Construction Workers' Safety Amid Air Pollution Crisis

While hearing a suo motu PIL concerning worsening air pollution in Mumbai, the Bombay High Court on Tuesday came down heavily on the Maharashtra Pollution Control Board (MPCB) and the Brihanmumbai Municipal Corporation (BMC), questioning the lack of concrete measures to protect construction site workers who are exposed to hazardous air conditions.A Division Bench comprising Chief Justice...

BNS | Stopping Person From Feeding Stray Dogs At Society Gate, School Bus Stop Not 'Wrongful Restraint': Bombay High Court

A person feeding stray dogs in crucial spots of a housing society like the entry/exit points, places where school bus stops etc. which are not 'designated spots' if stopped from feeding by other society members, cannot then file a complaint under section 126 (wrongful restraint) of the Bharatiya Nyay Sanhita (BNS), held the Bombay High Court last week. A division bench of Justices...

Mumbai Air Pollution: Bullet Train, Metro Line 2B, New HC Site Among Polluters; Bombay High Court Calls For Issuance Of 'Stop-Work' Notices

After being informed that there were several major violations of the guidelines to prevent air pollution, by various construction sites in Mumbai and Navi Mumbai, the Bombay High Court on Monday, orally asked the civic authorities to issue 'stop work notices' to all such violators, which include the construction sites of Bullet Train project, Metro 2B Line, proposed new High Court Building...

Bombay High Court Rejects Mumbai Metro's Arbitration Request Application, Rules Settlement Agreement Supersedes Original Contract

The Bombay High Court recently rejected the Mumbai Metro One Private Limited's (MMOPL) request to have its dispute with Hindustan Construction Company (HCC) resolved by way of arbitration. The Court deciding that the arbitration clause in the original contract no longer applies to new issues emerging from the settlement, ruled that once a "full and final" settlement agreement is executed,...

Res Judicata Not Attracted Where Issue Was Not Framed In Earlier Proceedings: Bombay High Court Partially Modifies Arbitral Award

The Bombay High Court has held that res judicata does not apply where the issue in earlier proceedings was neither framed nor directly adjudicated and that the court exercising jurisdiction under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) can modify an award by reducing the rate of interest where bad part of an award is severable from the good...