Bombay High Court
Illegality Of The Appointment Procedure Does Not Render The Entire Arbitration Agreement Invalid: Bombay High Court
The Bombay High Court has held that illegality of the appointment procedure does not render the entire arbitration agreement invalid. The bench of Justice Avinash G. Gharote held that merely because the procedure for the appointment of the arbitrator under the arbitration agreement is rendered invalid on account of the insertion of Section 12(5) and the Supreme Court judgment in...
[POCSO Act] Mere Non-Eruption Of Wisdom Teeth Not Conclusive Proof Of A Person's Minority: Bombay High Court
The Bombay High Court recently held that the mere non-eruption of wisdom teeth of a person is not sufficient to prove that the person is a minor, while acquitting a man convicted under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).Justice Anuja Prabhudessai held that the prosecution could not prove beyond reasonable doubt that the complainant was a child at the time of...
Bombay High Court Restrains Trust In Late Actor Dada Kondke's Name From Exercising Rights Over 12 Of His Films
The Bombay High Court temporarily restrained the trust named after Marathi actor-filmmaker Dada Kondke from dealing in the copyrights of 12 of his films. Justice Manish Pitale passed the order in an Intellectual Property Right suit filed by Everest Entertainment Ltd against Shahir Dada Kondke Pratishthan and others. Everest contended it had acquired the film’s rights from Kondke’s heir...
Bombay High Court Directs Dept. To Issue A Fresh Form-3 Under DTVSV After Giving Credit Of The Amount Paid Under The IDS
The Bombay High Court has held that the money lying in the corpus of the revenue had simply to be adjusted by way of a mathematical exercise and benefit accorded to the petitioner under the Direct Tax Vivad Se Vishwas Act, 2020 (DTVSV).The bench of Justice Dhiraj Singh Thakur and Justice Kamal Khata directed the department to issue a fresh Form-3 after giving the petitioner credit for the...
Child Custody Orders Can't Be Rigid And Final, Can Be Moulded Keeping In Mind Needs Of Child At Various Stages Of Life: Bombay High Court
Child custody orders can be altered and moulded at various stages of a child’s life keeping in mind his welfare, the Bombay High Court has observed.A single bench of Justice Neela Gokhale allowed a man to re-approach the Family Court to alter the mutual consent divorce terms with his ex-wife regarding child access, owing to the wife’s remarriage.“They (custody orders) are capable of...
Employer Not Compulsorily Required To Sack Employee For Suppression Of Pendency Of A Criminal Prosecution: Bombay High Court
The Bombay High Court recently clarified that an employer is not bound to terminate an employee who suppresses the fact about the pendency of a criminal case against him.A division bench of Justice Rohit B Deo and Justice Anil L Pansare said that suppression by a person on a higher post which may be sensitive in nature may be on a different pedestal than suppression by a Class IV employee who...
Bombay High Court Orders State Govt To Return Two Flats To 93 Yrs Old Woman Over 80 Years After Requisition
The Bombay High Court on Thursday directed the Maharashtra government to handover possession of two South Mumbai flats back to the owner, a 93-year-old woman, over eighty years after they were requisitioned in 1942.A division bench of Justice RD Dhanuka and Justice MM Sathaye partially allowed a writ petition filed by one Alice D’souza, owner of the flats, to the extent of directing...
Admiralty Act 2017 | Agent's Indemnity Claim Against Vessel For Unpaid Port Dues Is A Maritime Claim: Bombay High Court
The Bombay High Court recently held that the agent of a ship seeking indemnity against the shipowner for unpaid port dues is a Maritime claim, and the High Court can entertain it under Section 4 of the Admiralty Act, 2017.A division bench of Justice KR Shriram and Justice Rajesh Patil held the words “arising out of” in section 4(1) (HC jurisdiction over maritime claim) have a wide meaning...
Interim Relief To 'Scam 1992' Makers; Bombay High Court Grants Dynamic Injunction Against Instagram Accounts Using Show's Clips
The Bombay High Court has granted an ad-interim dynamic injunction against 33 Instagram handles and Ashok Kumar (unknown persons) restraining them from using parts of Scam 1992: The Harshad Mehta Story to promote their businesses. Justice Manish Pitale held that the makers made out a strong prima facie case that the posts violated the proprietary rights of the makers. “Prima facie, it...
Invalidity Of Board Resolution Is A Procedural And Curable Defect, Cannot Lead To Rejection Of Claims And Termination Of Arbitral Proceedings: Bombay High Court
The High Court of Bombay has held that any defect in the board resolution authorizing a person to initiate arbitration is only a procedural and a curable defect, thus, it cannot be a ground for the rejection of the claims and termination of the arbitral proceedings. The bench of Justices K.R. Shriram and Rajesh S. Patil held that requirement of a board resolution authorizing a person...
Yes Bank-DHFL Loan Fraud Case: Bombay High Court Rejects Second Bail Plea By Rana Kapoor
The Bombay High Court on Thursday denied bail to Yes Bank founder Rana Kapoor in the Yes Bank-DHFL loan fraud case.Justice PD Naik reasoned that Kapoor is facing serious allegation of laundering public money, and refused bail on ground of long incarceration.“The allegations against applicant is that applicant is involved in laundering of public money. He has allegedly hatched conspiracy...
Ratnagiri Refinery: Maharashtra Govt Agrees To Withdraw Orders Prohibiting Protesting Villagers From Entering Their Hometown, Posting On Social Media
The Maharashtra Government on Thursday agreed to withdraw prohibitory orders against eight villagers from Ratnagiri, who were leading protests against the multi-billion project of Ratnagiri Refinery & Petrochemicals Ltd.The orders passed under section 144(2) of the CrPC barred them from entering their hometown Rajapur Taluka for a month from April 21 – May 31, 2023 and from...