Bombay High Court
Gautam Navlakha Again Moves Bombay High Court Seeking Bail In Bhima Koregaon Case, Notice Issued To NIA
The Bombay High Court on Monday issued notice to the NIA on a fresh bail application filed by senior journalist Gautam Navlakha arrested in the Bhima Koregaon – Elgar Parishad case and is accused of having CPI(Maoist) links. The division bench headed by Justice AS Gadkari will now hear the matter on June 28, 2023. Observing that the trial court gave cryptic reasoning while refusing...
Bombay High Court Monthly Digest: May 2023
Nominal Index [Citation 223 – 266]Areeb Hasan Ansari Najeeb Hasan Ansari v. State of Maharashtra 2023 LiveLaw (Bom) 223Indian Performing Right Society Ltd. v. Rajasthan Patrika Pvt. Ltd. 2023 LiveLaw (Bom) 224Arjun Amarjeet Rampal v. Union of India and Ors. 2023 LiveLaw (Bom) 225Sayli B Parkhi v. State of Maharashtra 2023 LiveLaw (Bom) 226M/s Bharti Telemedia Ltd. v. State of Goa 2023...
Mere Fact That Defamatory Statement Was Earlier Made In A Pleading In Court Is No Defence For Repetition: Bombay High Court
Publication of a defamatory statement on the ground that a similar statement was mentioned in a judicial pleading is not a valid defence to justify repetition of that statement, the Bombay High Court has held.Only those documents which are read or recorded during the course of judicial proceedings can be repeated, Justice Riyaz Chagla observed in the detailed order granting interim relief...
“Animals Have Feelings Like Human Beings”: Bombay High Court Denies Interim Custody Of Milching Buffaloes To Owners For Violating Transportation Rules
The Bombay High Court recently denied interim custody of over 68 cattle to its owners in a case under the Prevention of Cruelty to Animal Act 1960 (PCA) for failing to follow mandatory norms while transporting the animals.Even as the owners claimed that they were being denied income from their milching buffaloes, the court ruled that till the end of the trial the buffaloes would remain with...
Bombay High Court Upholds The Validity of Provisions Dealing With Place Of Supply Under IGST
The Bombay High Court has upheld the validity of Section 13(8)(b) and Section 8(2), which deal with place of supply under the Integrated Goods and Service Tax Act, 2017 (IGST Act).The Bench of Justice Sunil B. Shukre and Justice Abhay Ahuja has observed that the provisions of Section 13(8)(b) and Section 8(2) of the IGST Act are legal, valid, and constitutional, provided that the provisions...
Aryan Khan 'Selfie' Before Official Arrest, Foreign Trips Sponsored By Family: Sameer Wankhede Explains Lavish Life, Denies Extortion Allegations
In an elaborate rejoinder to quash the CBI’s bribery and extortion case against him, former NCB Zonal director Sameer Wankhede has justified Shah Rukh Khan’s son - Aryan Khan’s arrest, the selfie controversy, his own foreign trips and prized possessions.Wankhede in turn accused the NCB’s Special Enquiry Team (SET), that took over the Cordelia Cruise Ship probe from him, of giving...
Private School Not Required To Communicate Adverse Remarks To Probationer For Terminating Services Unless Stigmatic: Bombay High Court Full Bench
The Nagpur bench of Bombay High Court recently held that a private school management does not have to write confidential report and communicate adverse remarks to an employee appointed on probation, as such an employee has no right to the post.A full bench of Justices Sunil B Shukre, Avinash G Gharote, and Anil S Kilor held that maintaining a record of objective assessment of the...
Nothing To Show Journalism Standards Compromised: Bombay HC Grants Interim Relief To Indian Express In ₹100 Cr Defamation Suit Against Website
The Bombay High Court recently granted ad-interim relief to Indian Express Group directing e-paper Sprouts to remove alleged defamatory articles against Girish Kuber, editor of Express' Marathi daily Loksatta.Justice Manish Pitale observed that no justification is given for publication of articles alleging that Kuber compromised high standards of journalism.“…it is found that there does...
[IT Rules Amendment] No Immunity To Intermediaries That Fail To Remove Content Flagged By Fact Checking Unit: Centre To Bombay High Court
If a social media or news website decides to continue hosting information the Government’s Fact Checking Unit (FCU) flags as ‘false’ or ‘misleading’ it will have to defend its decision before a court if action is taken, the Union Ministry of Electronics and Information Technology (MeitY) has informed the Bombay High Court in an affidavit. The immunity such a website or...
CBI Opposes Sameer Wankhede's Quashing Plea In Extortion Case, Seeks Recall Of Interim Protection From Arrest
The Central Bureau of Investigation has sought dismissal of the quashing petition filed by former NCB Officer Sameer Wankhede in the Rs. 25 core extortion case regarding the arrest of Aryan Khan in 2021. In an affidavit before the Bombay High Court, the CBI further sought to vacate the order passed by the vacation bench protecting him from arrest. The matter will now come up for hearing...
Editors Guild India & Association Of Indian Magazines File Fresh Pleas In Bombay High Court Challenging Amendment To IT Rules
Editors Guild of India, an association to protect freedom of the press as well as the Association of Indian Magazines, comprising of publishers have filed separate petitions challenging the amendment to the IT Rules empowering the Central government to identify fake news about itself on social media. Rule 3(i)(II)(C) of the Information Technology (Intermediary Guidelines and Digital Media...
Registration Of Design Already In Public Domain Prima Facie Liable For Cancellation: Bombay HC Denies Interim Relief To Ceiling Fan Manufacturer
Observing that its design registration itself may be liable to be cancelled, the Bombay High Court on Monday refused to grant interim relief to Atomberg Technologies Pvt. Ltd. against Luker Electric Technologies Pvt. Ltd. for allegedly copying the design of one of its ceiling fans.Justice Manish Pitale held that Atomberg failed to make a prima facie case for design infringement of its...