Bombay High Court
Patent Illegality | For Claim For Damages There Must Be Proof Of Actual Loss: Bombay High Court Stays Arbitral Award
The Bombay High Court single bench of Justice R.I. Chagla stayed an arbitral award noting that the Arbitrator contravened the settled law that for a claim for damages, there must be proof of actual loss which is sine qua non for such claim. It held that the Arbitrator failed to consider the proof of loss while awarding damages to the Claimant. Brief Facts: The...
Secured Creditor Registered With CERSAI Will Have Precedence Over VAT Authorities Against Proceeds Of Enforcement: Bombay HC
The Bombay High Court recently clarified that in a sale of a mortgaged asset, where the mortgage in favour of a secured creditor is registered prior in time with CERSAI, and the MVAT Authorities too have a charge, the proceeds of the enforcement of the mortgage would first go towards discharging the dues owed to the secured creditor. It is only the residue, if any, after discharging...
'No Sane Man Would Believe It': Bombay HC Grants Bail To Accused Who Allegedly Raped Victim In Broad Daylight At Crowded Juhu Chowpatty
The Bombay High Court granted bail to a watchman accused of raping a house help behind a rock at Juhu Chowpatty in May 2021 after the court found the woman's version of events to be prima facie un-believable. Justice Prithviraj K. Chavan stated, "Since the victim was major at the time of alleged offence, prima facie, it does not appeal to one's mind that in a broad daylight at a...
No Contributory Negligence By Car Driver Who Rammed Into Truck From Behind Due To Non-Functional Brake Lights: Bombay High Court
The Bombay High Court has held that if a truck's brake lights or taillights are not working and a car rams into it from behind, the driver of the car vehicle is not liable for any negligence contributing to the collision. Justice Shivkumar Dige set aside an order of the Motor Accident Claims Tribunal which held the deceased 50% responsible for the accident. The court...
[Domestic Violence Act] Bombay High Court Upholds ₹3 Crores Compensation For Woman Whose Husband Called Her “Second-Hand”
The Bombay High Court recently upheld a trial court's order directing a man to pay Rs. 3 crores compensation to his ex-wife for various acts of domestic violence including calling her “Second Hand” as her engagement with another person was called off.Justice Sharmila U. Deshmukh rejected the man's revision application against the orders observing –“Although the abuse will...
No By-Election For Akola West Assembly Constituency: Bombay High Court Quashes ECI's Notification
The Bombay High Court on Tuesday quashed the Election Commission of India's (ECI) by-election notification for the Akola West Assembly Constituency, Maharashtra and held that there will be no bye-poll for the constituency. A division bench of Justice Anil S Kilor and Justice MS Jawalkar sitting at Nagpur noted that the incoming member would have a term of less than a year till the expiry of...
Bombay High Court Orders Legal Action Against Doctor For Gross Negligence In Postmortem Procedure
The Bombay High Court recently ordered the Secretary of Health, Government of Maharashtra, and the Commissioner of Police, Thane to take legal action against a medical officer for gross negligence in conducting the postmortem of a deceased in a murder case.“The Secretary, Health, Government of Maharashtra as well as Commissioner of Police Thane are directed to take cognizance of the said...
11 Additional Judges Of Bombay High Court Take Oath As Permanent Judges
Eleven additional judges were sworn in as permanent judges of the Bombay High Court in the Central Court Hall of the HC building. The swearing in ceremony was virtual for Judges presiding over High Court benches in Goa, Nagpur and Aurangabad.While the Chief Justice Devendra Kumar Upadhyaya administered oath to additional judges physically present in Mumbai, the senior-most judges at...
Minimum Three Bidders, Not Three Technically Qualified Bidders Needed For Competitive Tender Process: Bombay High Court
The Bombay High Court recently clarified that minimum of three bidders, not three technically qualified bidders, are required make a tender process competitive as per paragraph 4.4.3.1 of the Procurement Manual of the state.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor reasoned that tendering authorities cannot predict the technical qualifications of...
Domestic Violence | Court Can't Direct Parties To File Affidavit Of Assets & Liabilities In Appeal Against Final Trial Court Judgment: Bombay HC
The Bombay High Court held recently that the appellate court cannot direct parties to file affidavit of disclosure of assets and liabilities in proceedings challenging final judgment of the trial court in a domestic violence case.Justice Sharmila U Deshmukh clarified that such affidavits are only required at the interim stage for the purpose of deciding interim maintenance.“filing of...
Bombay High Court Issues Show Cause Notice For Contempt Against Borrower For Using “Extra- Judicial Pressure”
Observing that defaulting borrowers are increasingly taking law into their own hands, the Bombay High Court has directed certain borrowers to explain why contempt notices shouldn't be issued against them.A division bench of Justices BP Colabawalla and Somasekhar Sundaresan prima facie observed that even after handing over physical possession of the secured asset to the non-banking...
Where Arbitral Award In Nature Of Money Decree, Requirement Of 100% Deposit Of Award For Grand Of Stay: Bombay High Court
The Bombay High Court single bench of Justice R.I. Chagla held that where the arbitral award is in the nature of money decree, there is a requirement for deposit of 100% of the awarded amount for grant of stay. Further, it held that there is no distinction in the application of parameters between stays sought under Section 36(3) and Section 37 of the Arbitration Act, as neither...