Court Cannot Go Into Merits While Enforcing Foreign Award U/S 48 Of Arbitration Act: Bombay High Court

The Bombay High Court bench of Justice Arif S Doctor has held that jurisdiction of enforcement court under section 48 of the Arbitration is very limited and while enforcing the award the court cannot go into the merits of the case. Brief Facts This petition has been filed seeking enforcement of an award under part II of the Arbitration Act. This award was passed by an...

'Accused Mowed Down Deceased Woman In Utter Disregard To Humanity': Bombay HC Denies Relief To Mihir Shah, Another In Worli Hit & Run Case

The Bombay High Court while refusing to grant any relief to Mihir Shah, the prime accused in the infamous Worli Hit-n-Run Case, voiced its concern over the need to prioritise the rights' of the victims and also to strike a balance between the rights of the victim and the accused as well.A division bench of Justices Bharati Dangre and Manjusha Deshpande in its November 25 order noted the...

Initiating Proceedings For Recovery Of Duty Under Customs Act After 'Inordinate Delay' Of 26 Yrs Is Unreasonable: Bombay High Court

While quashing a notice issued under the Customs Act, the Bombay High Court noted that the proceedings were initiated for recovery of duty foregone after a delay of 26 years, adding that such a prolonged delay in initiating the proceedings cannot be considered 'reasonable'.In doing so the court said that even on a reading of the Act, a reasonable period would certainly not be 26 years even in...

Bombay High Court Takes Cognizance Of Civic Officer, Advocate Abusing And Assaulting Court Peon, However Accepts Their "Unconditional Apologies"

The Bombay High Court recently took suo motu cognizance of an "unfortunate incident" which took place in the Court premises, wherein an advocate and an official of the Nashik Municipal Corporation (NMC) abused a court peon in a filthy language after they were asked to maintain silence.A division bench of Justices Ajay Gadkari and Kamal Khata was disturbed to take note of the incident...

Bombay High Court Weekly Round-Up: November 18 - November 24, 2024

Citations: 2024 LiveLaw (Bom) 594 to 2024 LiveLaw (Bom) 610Nominal IndexAnita Agarwal vs. Union of India, 2024 (LiveLaw) Bom 594Ujala Shyambihari Yadav vs. The Election Commission Of India, 2024 (LiveLaw) Bom 595Mahesh Khedkar vs State of Maharashtra, 2024 (LiveLaw) Bom 596Apollo Tyres vs. Union of India, 2024 (LiveLaw) Bom 597B.V. Jewels vs. Union of India, 2024 LiveLaw (Bom)...

Worli Hit-n-Run Case: Bombay High Court Dismisses Plea Seeking Declaration That Arrest Was Illegal

In a setback for the accused in the infamous Worli Hit-n-Run Case, the Bombay High Court today dismissed the petitions filed by prime accused Mihir Shah and his driver Rajrishi Bindawat, both challenging their arrests on the basis that they weren't served with the "grounds of arrest" in written format, as mandated by the Supreme Court.A division bench of Justices Bharati Dangre and...

Adversely Impacts Economy: Bombay High Court Denies Anticipatory Bail To Man Booked For Stealing 13K Litres Of Petrol

Observing that stealing petroleum-based fuels adversely affects the country's economy, the Bombay High Court recently refused to grant pre-arrest bail to a man, booked for stealing 13,000 litres of petrol worth Rs 13.90 lakhs.Single-judge Justice Rajesh Laddha noted that the applicant Mohd. Ahmed Shafique Khan, a businessman, was the linchpin of the crime in question."Stealing...

Lawyer Cannot Be Booked For Asking On-Duty CBI Officers For Their Identity Cards: Bombay High Court

An advocate cannot be booked for 'obstructing' a government servant (CBI Officers) from discharging his duty, just because he asks a team of CBI officers, conducting raid/search operations, to show their Identity Cards (ID), the Bombay High Court held on Thursday (November 21).Single-judge Justice Milind Jadhav discharged two advocates and a law intern (then), who were booked in 2007...

There Is A 'Built-In' Assurance In Rape Cases That Charge Levelled Is Genuine & Not Fabricated: Bombay High Court

The Nagpur bench of the Bombay High Court recently while upholding the conviction of a man for committing rape on a minor girl, said usually neither the girl nor her family would indulge their daughter's name even for settling scores and that in such cases, there is a 'built-in' assurance that the victim is levelling 'genuine' charges.Single-judge Justice Govind Sanap upheld the conviction of...

Department Can't Deny Grant For Waiver Of Interest U/S 234C Of IT Act Without Disposing Of Issues Flagged By Taxpayer: Bombay High Court

The Bombay High Court recently clarified that the Chief Commissioner of Income Tax ought to have addressed the issues/justification as flagged by the taxpayer in supporting its case for grant of waiver of interest u/s 234C.Such approach of Chief Commissioner of Income Tax would show non-application of mind to the material contentions raised by the petitioner/ assessee, added the Court....

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

The Bombay High Court ruled that when the Revenue Dept. did not allege any malice on the part of Assessee in the context of disposal of the proceedings, then inaction on the part of Adjudicating Authority to dispose of the proceedings cannot be attributed to Assessees.Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order,...

Bombay HC Nixes Order Granting Company, Which Had Not Denied Its Outstanding Dues, Unconditional Leave To Defend In Summary Suit

In a plea challenging the dismissal of summons to judgment in a commercial summary suit, the Bombay High Court set aside a trial court's order granting a company unconditional leave to defend itself, while noting that the company had not denied the existence of outstanding dues owed for the services rendered by the other party. In such a case, the court said, the company should not have...