Appellate Court Can Direct Licensee To Pay Compensation Higher Than Contractual Rent During Pendency Of Appeal: Bombay High Court

The Bombay High Court has observed in the case of license agreements, it is permissible for an Appellate Court to direct the licensee to pay interim compensation to the licensor that is higher than the contractual damages/compensation agreed by the parties, during the pendency of an appeal.A single judge bench of Justice Sandeep V. Marne further observed that the Appellate Court is empowered...

Section 14 Of Limitation Act Applicable To Proceedings Under Section 34 Of Arbitration Act: Bombay High Court Reiterates

The Bombay High Court has held that Section 14 of the Limitation Act, which excludes time consumed in a proceeding initiated before a Court not having the jurisdiction, applies to proceedings under Section 34 of the Arbitration Act. The bench of Justice R.I. Chagla excluded 272 days spent in prosecuting a recall application of the arbitral award before the MSME Council. The court...

Badlapur Sexual Assault: Bombay High Court Rejects Pre-Arrest Plea Of School Chairman And Secretary; Raps Police For Not Arresting Them

The Bombay High Court on Tuesday rejected the anticipatory bail applications filed by the chairman and secretary of the school in Badlapur where the two minor girls, studying in kindergarten were sexually assaulted by a sweeper in the toilet. Single-judge Justice Rajesh Laddha noted that the Protection Of Children from Sexual Offences (POCSO) Act was enacted to safeguard children from...

'Quite Close To Cannibalism' Bombay High Court Upholds Death Sentence Of Man For Killing His Mother, Eating Her Organs

The Bombay High Court on Tuesday upheld the death sentence awarded to a man, who brutally killed his own mother and later ate her organs.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan pronounced the judgment in the open court while the appellant Sunil Kuchkoravi was produced through video conferencing facility. "This is a rarest of rare case, wherein the appellant not...

Accused Not Entitled To Default Bail Just Because Court Failed To Conclude Trial Within 60 Days: Bombay High Court

The Bombay High Court recently held that a person is not entitled to default bail just on the ground that the trial in the case is not completed within 60 days as prescribed under section 437 (6) of the Criminal Procedure Code (CrPC).Sitting at Aurangabad bench, single-judge Justice Sanjay Mehare refused to grant bail to a woman booked in a fraud and criminal conspiracy case.The bench noted...

Will Issue Guidelines To Ensure No Individual Is Interrogated Overnight: Central Govt Tells Bombay High Court

The Bombay High Court was recently informed that the Central government is taking steps to ensure that no individual is detained overnight only for the purpose of interrogation.A division bench of Justices Revait Mohite-Dere and Prithviraj Chavan took the statement on record and ordered the Central government to place its guidelines, if any, before it on the next date of hearing. "At this...

Tenant Cannot Escape Eviction U/S 12(3)(a) Of Bombay Rent Act In Absence Of Any Valid Dispute About Rent Amount Or Increases: High Court

The Bombay High Court has observed that in the absence of any dispute by a tenant about the amount of standard rent or permitted increases, the tenant cannot escape eviction under Section 12(3)(a) of the Bombay Rent Act if the rent has not been paid within the specified time.“In my view, therefore, in absence of any valid dispute created by Defendant about the amount of standard rent...

[Commercial Courts Act] IPR Suits Involving Infringement Can Be Ordinarily Instituted Without Exhausting Mediation U/S 12-A: Bombay HC

The Bombay High Court has observed that a plea of urgent interim relief by bypassing pre-litigation mediation as stipulated under Section 12-A of the Commercial Courts Act, 2015, can be rejected only in cases of deception or falsity apparent from the plaint itself. With respect IPR suits involving infringement or passing off, the Court stated that such suits could be ordinarily instituted...

Bombay High Court Weekly Round-Up: 23 September – 29 September, 2024

Citations 2024 LiveLaw (Bom) 485 to 2024 LiveLaw (Bom) 496Santosh Madhukar Bhondve & Ors. vs. State of Maharashtra & Ors., 2024 LiveLaw (Bom) 485Volvo Group India Pvt Ltd. versus Union of India and Ors, 2024 LiveLaw (Bom) 486Uttam Value Steels Ltd. Vs Assistant Commissioner of Income Tax, 2024 LiveLaw (Bom) 487Namdeo Bansode vs State of Maharashtra, 2024 LiveLaw (Bom) 488Mahesh Raut...

Kangana Ranaut Has Agreed To Cuts Suggested By Revising Committee: CBFC Informs Bombay High Court On Emergency Film's Release

The Central Board for Film Certification (CBFC) on Monday informed the Bombay High Court that Kangana Ranaut, the producer and lead actor in the controversial film "Emergency", has agreed to the cuts/changes as suggested by the Censor Board's revising committee.A division bench of Justices Burgess Colabawalla and Firdosh Pooniwalla has been hearing a petition filed by Zee Studios, the...

Capital Asset Financed By Foreign Currency Loan Can Be Capitalized U/s 43A If Such Asset Was Imported From Abroad: Bombay High Court

While explaining that Section 43A is a non-obstante provision, which positively imposes an obligation notwithstanding anything contained in the Income tax Act, the Bombay High Court held that losses due to exchange rate changes on a foreign currency loan taken for import of a capital asset must not be treated as revenue expenditure.Section 43A of Income tax Act requires companies to...

Art.4(8) Law Of Divorce | Wife Refusing To Live With Husband And His Paramour Doesn't Mean She "Freely Consented" To Separation: Bombay HC

A husband insisting a wife to live in the house where he lives with his paramour is a good enough reason for her to stay separately and this 'separation' cannot be regarded as the wife's 'free consent' to separation, to afford a ground to the husband to seek divorce under the Law of Divorce (Divorce Act, 1910), ruled the Bombay High Court at Goa, recently.Single-judge Justice Makarand...