Bombay High Court
Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court
In a significant ruling, the Bombay High Court has held that allegations of ill-treatment made by a man against his own family members will not fall within the ambit of section 498A (domestic violence) of the Indian Penal Code (IPC).A division bench of Justices Ajay Gadkari and Dr Neela Gokhale noted that in the instant case, the First Information Report (FIR) was lodged by a woman along with...
Merely Being Customers In A Bar Where Women Are Dancing Does Not Attract Offense Of Obscenity: Bombay High Court
Mere presence as customers in a bar where women are dancing in an obscene manner, will not attract offences of obscenity or abetting any crime/obscene act, the Bombay High Court held recently.A division bench of Justices Ajay Gadkari and Shyam Chandak pronounced the ruling while quashing a First Information Report (FIR) against four Ahemdabad-based men, who were booked from a Bar in South...
Bombay HC Clamps Down On Horse-Trading Tactics In Municipal Elections, Post-Poll Alliances By Independent Candidates To Be Considered Pre-Poll Alliances
In a move that can halt 'horse-trading' tactics resorted to by independent candidates in the Municipal Councils, a five-judge bench of the Bombay High Court held that the post-poll alliances (post-poll Aghadi) formed by independent candidates after the elections, will be considered as pre-poll alliance and the provisions of the Maharashtra Local Authority Members' Disqualification Act, 1986...
"Sheer Harassment Of Citizens" Bombay High Court Slams Mumbai Police, BMC For Failing To Act Against Menace Of Hawkers
The Bombay High Court on Monday, came down heavily on the Mumbai Police and also the Brihanmumbai Municipal Corporation (BMC) for failing to resolve the "recurring" issue of illegal hawkers across the city. A division bench of Justices Mahesh Sonak and Kamal Khata was irked over the Mumbai Police and the BMC both seeking time to submit their "action taken reports." The judges lost...
Bombay High Court Weekly Round-Up: July 15 To July 21, 2024
Nominal Index [Citations: 2024 LiveLaw (Bom) 349 To 2024 LiveLaw (Bom) 373]A vs P, 2024 LiveLaw (Bom) 349Sadhu Bhaskar Pawar vs State of Maharashtra, 2024 LiveLaw (Bom) 350M/s. Dem Homes LLP vs. Taruvel C.H.S.L. & Ors, 2024 LiveLaw (Bom) 351Akshay Khandve VS State of Maharashtra, 2024 LiveLaw (Bom) 352Mohammed Javed Shaikh vs Municipal Corporation of Greater Mumbai, 2024 LiveLaw...
Bombay HC Directs Meta, Other Platforms To Remove 'Deepfake' Videos Of NSE's CEO Urging Investors To Join Whatsapp Group For Stock Tips
The Bombay High Court ordered social media platforms, including Meta and WhatsApp, to remove Artificial Intelligence (AI) generated videos of the MD and CEO of the National Stock Exchange of India (NSE) that showed him urging the common investors to join a WhatsApp group for stock picking tips. The Court held that under the Information Technology (Intermediary Guidelines and...
Police Officers Must Follow SC Mandate On Furnishing Grounds Of Arrest To Accused In Writing: Bombay High Court
The Bombay High Court recently said that every police officer in each case, before making any arrests, must inform the person to be arrested, in writing, the grounds of his arrest and only then proceed to effect arrest, as the same is the law of the land as laid down by the Supreme Court of India.A division bench of Justices Bharati Dangre and Manjusha Deshpande granted bail to one...
Stock Broker Forwarding Messages About Dormant Shares Can't Be Booked For Duping Shareholders: Bombay High Court
A person in the business of shares, forwarding certain WhatsApp messages concerning details of shares that can be dormant, cannot be booked for duping shareholders, the Bombay High Court observed recently while granting bail to a man, booked under charges of forgery and fraud.Single-judge Justice Manish Pitale while dealing with the bail application filed by one Manish Shah noted that he had...
Courts Can't Constantly Interfere And Micro-Manage Arbitral Proceedings: Bombay High Court
The Bombay High Court bench of Justice Arif S. Doctor has held that the court cannot constantly interfere with and micromanage proceedings which are pending before Arbitral Tribunals. The bench held that the scope of judicial interference under Section 37(2)(b) of the Arbitration Act is limited in nature. The bench held that the court: (i) will not interfere with...
Individual Members Of Society Can't Be Considered Signatories To The Arbitration Agreement: Bombay High Court
The Bombay High Court bench of Justice Somasekhar Sundaresan has held that individual members of the Society cannot be considered signatories to the arbitration agreement under Section 7 of the Arbitration Act, as they do not individually participate in its formation or execution of arbitration clause. Brief Facts: Eleven members of a cooperative housing society approached the...
Dawood Ibrahim Is A Terrorist In Individual Capacity, Gang Association With Him Not Punishable Under UAPA: Bombay High Court
In a significant order, the Bombay High Court has held that the Central Government under its powers has declared underworld gangster Dawood Ibrahim, a terrorist in his "individual capacity" and thus any association of any person with him or the D-Company, would not attract punishment for being member of a terrorist organisation under section 20 of the Unlawful Activities (Prevention) Act...
MSME Council Has Power To Decide Issue Of Its Own Jurisdiction Under MSMED Act: Bombay High Court
The Bombay High Court has observed that the Micro and Small Enterprises Facilitation Council has the authority to determine its jurisdiction over disputes under Section 18 of the Micro, Small Medium Enterprises Development Act, 2006 (MSMED).A Single Judge Bench of Bharat P. Deshpande was considering the petitioner's challenge to a notice issued by the Nodal Officer for Micro and Small...