Bombay High Court
Bombay High Court Orders Release Of Minor Accused In Pune Porsche Car Accident Case
The Bombay High Court today ordered the release of the minor accused in the Pune Porsche accident case into the care and custody of his paternal aunt. A division bench of Justice Bharati Dangre and Justice Manjusha Deshpande allowed a habeas corpus writ petition filed by the paternal aunt of the minor accused, who is currently in an observation home, seeking his release. The court declared...
Jurisdiction of High Courts Under Section 37 Of Arbitration Act Is Limited To Arbitrary, Capricious And Perverse Orders: Bombay High Court
The Bombay High Court division bench of Justice A.S. Chandurkar and Justice Rajesh S. Patil held that the appellate jurisdiction under Section 37 of the Arbitration Act is limited to cases where the lower court's order was arbitrary, capricious, perverse, or ignored settled legal principles on interlocutory injunctions. Section 37 of the Arbitration Act allows appeals against...
Prima Facie No Sexual Intent: Bombay High Court Grants Bail To POCSO Accused Booked For Recording Unnatural Offence With Minor Boys
The Bombay High Court recently granted bail to a man booked for allegedly stripping three teenagers, inserting fingers in the anus, abusing them and assaulting them with a leather belt.Justice Anil S Kilor allowed the bail application of one Kapil Suresh Taak observing,“After going through the FIR and the allegations made in the FIR against the Applicant coupled with the material...
Even If Case Doesn't Fall Under Section 36(3) Second Proviso, Court Can Consider Whether To Grant Unconditional Stay: Bombay High Court
The Bombay High Court bench of Justice Firdosh P. Pooniwalla has held that even in a case which does not fall under the second proviso of the Section 36(3), by relying on the first proviso, the Court can consider whether to grant unconditional stay of the award or not. Section 36 of the Arbitration and Conciliation Act, 1996 deals with the enforcement of arbitral awards. It outlines...
Employee's Conduct Of Filing Petitions Does Not Show Abandonment Of Claim For Reinstatement: Bombay High Court
A single judge bench of the Bombay High Court comprising of Gauri Godse, J., while deciding Writ Petition in the case of Shri. Patil Samgonda Namgonda vs. State of Maharashtra, held that employee's conduct of filing petitions does not show the abandonment of claim for reinstatement in service. Background Facts The Shri. Patil Samgonda Namgonda (Petitioner) was appointed headmaster...
Employees Once Accepting Promotion On Particular Basis Without Protest, Are Estopped From Challenging The Same: Bombay High Court
A division bench of the Bombay High Court comprising of Devendra Kumar Upadhyaya, CJ. & Arif S. Doctor, J., while deciding Writ Petition in the case of Shri Shripad Dwarkanath Gupte And Ors vs Union Of India, held that employees once accepting the promotions on grade wise basis without protest, are estopped from challenging the same. Background Facts The Petitioners were...
"Even Elon Musk Has Flagged Issues With EVMs": Plea In Bombay HC Challenges Ravindra Waikar's Poll Victory From Mumbai North West Constituency
Bharat Khimji Shah, a candidate who contested the recently held Lok Sabha elections from the Mumbai North West constituency, has filed a writ petition in the Bombay High Court challenging the victory of Shiv Sena's Ravindra Waikar.The petition, filed through advocate Asim Sarode, seeks to declare Waikar's win null and void, citing multiple concerns about transparency and alleged...
Bombay High Court Criticizes Judge For Using “Handicapped” To Express Frustration Over Heavy Caseload
The Bombay High Court recently criticized an Additional Sessions Judge for using the word “handicapped” to express frustration over heavy case load.Justice Prithviraj K Chavan observed, “The tone and tenor of the language is unwarranted and unacceptable, in the sense, the Judicial Officer should not have expressed his frustration and inability by using the words “handicapped” as well...
Slump Sale Doesn't Amount To Sale Of Goods Within MVAT Act: Bombay High Court
The Bombay High Court has held that slump sale under the Business Transfer Agreement (BTA) would not amount to sale of goods within the purview of the Maharashtra Value Added Tax (MVAT) Act.The bench of Justice G. S. Kulkarni and Justice Jitendra Jain has observed that it was completely a flawed approach on the part of the reviewing authority to tax part of the BTA considering it to...
Non-Communication Of SCN To Call Book Is Fatal; Bombay High Court Quashes SCNs Against ICICI Home Finance
The Bombay High Court, while quashing the show cause notices against ICICI Home Finance Company Ltd., held that non-communication of show cause notices transferred to the call book is fatal.The bench of Justice K.R. Shriram and Justice Jitendra Jain observed that the reason why the show cause notices were transferred to the call book was because of the SLP pending in the Apex Court in...
Pune Porsche Accident | Remand Of Minor To Observation Home Nullified Effect Of Bail: Bombay HC Reserves Orders On Plea For Minor's Release
The Bombay High Court on Friday questioned how the Juvenile Justice Board could have remanded the minor accused in the Pune Porsche accident case to an observation home when he had already been released on bail.The bench remarked that the remand and its subsequent extension “completely nullified the effect of bail.”The bench questioned the source of power to remand a juvenile to...
Pending Criminal Proceedings Won't Change Nature Of Commercial Dispute: Bombay High Court Declines SBI's Plea To Reject Rs 36 Crore Recovery Suit
The Bombay High Court recently dismissed an interim application filed by the State Bank of India (SBI) seeking rejection of a Commercial Summary Suit filed by the Bombay Iron and Steel Labour Board for recovery of deposits worth Rs. 36 crores with interest. Justice Abhay Ahuja held that the dispute between the parties qualifies as a commercial dispute and is eligible to be tried under...