Bombay High Court
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...
Technical Difficulties Shouldn't Thwart Objectives Of Arbitral Proceeding: Bombay High Court Allows Petition For Replacement Of Arbitrator
The Bombay High Court single bench of Justice Bharti Dangre held although there might be an impression that with the legal termination of the arbitral tribunal's mandate upon the expiration of one year from the reference entry, as per Section 29A of the Arbitration and Conciliation Act 1996 there might be a technical difficulty. However, it held that such technicalities should not thwart...
Holi Colours: Pidilite Industries Gets Injunction Against Rang Rasayan & Others Over Rangeela Packaging
Following the Bombay High Court's intervention in a copyright suit filed by Pidilite Industries Limited, Rang Rasayan Pvt Ltd had undertaken to not manufacture, sell or distribute any products using packaging similar to Pidilite's "Rangeela" brand of colored powders for Holi.Justice Bharati Dangre further ordered the company to file details of the stock sold in the last one year. Pidilite...
Categorising Body Massager As Adult Sex Toy, Officer's Imagination, Not Covered Under 'Prohibited Goods': Bombay High Court
The Bombay High Court has held that categorising the body massager as an adult sex toy was purely the officer's imagination.The bench of Justice G. S. Kulkarni and Justice Kishore C. Sant has upheld the CESTAT's ruling, in which it was held that the view taken by the Commissioner was purely the Commissioner's imagination to categorise the item not as a body massager but as an adult sex toy....
Appropriately Sanctioned Work Order Can't Be Cancelled Due To Slackness Of Executing Agency, Can't Make Residents Suffer: Bombay High Court
Observing that residents cannot be penalised for authorities' delay in execution of works for public amenities, the Bombay High Court on Friday set aside cancellation of previously sanctioned works in Kasba Legislative Constituency, Pune and redirection of the funds to works in other constituencies.A division bench of Chief Justice Devendra Upadhyaya and Justice Arif Doctor struck down...
Time-Barred Claims Must Not Be Entertained, Doing So Would Perpetuate Injustice Than Serving Justice: Bombay High Court
The Bombay High Court single bench of Justice Bharati Dangre held that claims that are clearly time-barred must not be entertained, as doing so would perpetuate injustice rather than serving justice. The High Court held that even the slightest doubt regarding the timeliness of a claim warrants its referral to arbitration, as interfering in such matters would encroach upon the...
Variance In Allowable Deductions Doesn't Amount To Furnishing Inaccurate Particulars Of Income: Bombay High Court
The Bombay High Court has held that the assessee cannot be said to furnish inaccurate particulars of income merely for variance in allowable deductions.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the ITAT was of the view and rightly so that the assessee had made a bona fide claim under Section 36(1)(viii), as such deductions claimed are linked to the...
Plea In Bombay High Court Seeks Action Against BJP Legislators Nitesh Rane, Geeta Jain And T Raja For Hate Speech
A writ petition has been filed in the Bombay High Court seeking action against BJP MLAs Nitesh Rane, Geeta Jain (Maharashtra) and T Raja (Telangana) for allegedly delivering hate speeches and inciting the violence which erupted in January in Naya Nagar, Mira Road.The matter is likely to be heard on March 27, 2024.“if action is not taken against individual like MLA Nitish Rane, MLA Geeta...
Bombay High Court Raps Commissioner Of Customs For Prohibiting Import Of Body Massagers Citing Probable Use As 'Adult Sex Toys'
The Bombay High Court has held that the probable or imaginative use of an item cannot be used by customs officials to prohibit it's import on grounds of obscenity. The Court dismissed an appeal filed by the Commissioner of Customs who confiscated imported body massagers on the grounds of possibly being used as “adult sex toys.”A division bench of Justices GS Kulkarni upheld the May 2023...
Trademark Suit Can Be Filed At 'Principal Place Of Business', Doesn't Need To Be Filed At Company's Registered Address: Bombay High Court
The Bombay High Court has ruled that a company's registered office may not necessarily be its principal place of business for the purposes of filing a trademark infringement suit. The court held that a suit for infringement of trademark can be filed at the "principal office" of the company, even if the registered office is located elsewhere.The ruling came in an interim application filed by...
Bombay High Court Issues Non-Bailable Warrant Against Promoter Of Varanium Cloud IT Services Provider, Orders For His Assets To Be Frozen
The Bombay High Court has issued a non-bailable warrant and further directed Red Corner Notice proceedings, if required, to be initiated against Harshwardhan H. Sabale – promoter of IT company Varanium Cloud Ltd for defaulting in payment of over Rs. 49.53 crores to his creditor.The court further ordered the attachment of Sabale's bank accounts with a total balance exceeding over Rs. 3 crore...
Banks And Financial Institutions Should Pass Reasoned Orders While Declaring Entity/Person Wilful Defaulter: Bombay High Court
The Bombay High Court has emphasized that the banks and financial institutions must provide reasoned orders before labeling an individual or entity as a wilful defaulter under the Reserve Bank of India's Master Circular.The Court observed that being branded as a wilful defaulter bars one from accessing the financial sector. Consequently, the discretion granted to banks by the circular must...