Bombay High Court
Bombay High Court Quashes Judicial Officer's Cruelty FIR Against Husband And Relatives, Says It Is A Counterblast To Matrimonial Dispute
The Bombay High Court on Friday quashed an FIR filed by a judicial officer against her husband and in-laws alleging cruelty and other offences observing that the FIR was a counterblast to a matrimonial dispute between the couple.A division bench of Justice AS Chandurkar and Justice Jitendra Jain observed that the delay in lodging the FIR along with the fact that the incidents described in the...
Former Mumbai NCB Zonal Director Sameer Wankhede Moves Bombay High Court For Protection From Arrest In ED's Money Laundering Case
Former Mumbai NCB Zonal Director Sameer Wankhede has approached the Bombay High Court seeking protection from coercive action amongst other reliefs in the Enforcement Directorate's (ED) money laundering case filed against him.The ED's money laundering case against Wankhede is based in a 2023 FIR registered by the Central Bureau of Investigation (CBI) alleging a Rs 25 crore bribe demand...
Will | Person Directed To Make Payments From A Particular Fund But Not Out Of The Entire Estate Is Not Executor: Bombay High Court
The Bombay High Court recently observed that when directed to make payments from a particular fund in a Will, a person cannot be deemed an executor of the Will by implication if they lack the general power to receive and pay from the entire estate of the deceased.Justice Manish Pitale stated –“even when a person is directed to make certain payments out of a particular fund but not out of...
Extension of Arbitrator's Mandate Lies Exclusively With Court Which Appointed Arbitrator: Bombay High Court
The Bombay High Court bench comprising Justice Bharati Dangre held that the power to extend the mandate of an arbitral tribunal or arbitrator under Section 29-A of the Arbitration and Conciliation Act, 1996 lies exclusively with the court that appointed the arbitrator(s). The bench held that the term 'Court' in Section 29A must be interpreted in a manner consistent with the Court's power...
Arbitrators Can't Unilaterally Modify Fee, Needs Parties' Consent: Bombay High Court
The Bombay High Court bench comprising Justice Manish Pitale held that any amendments, revisions, or modifications in fees of an arbitrator must only occur with the consent of the parties, as outlined in the tripartite agreement and per Schedule IV of the Arbitration and Conciliation Act, 1996. The High Court also held that the arbitrator is not bound by the strict rules of the CPC and...
Separate Arbitration Agreement Necessary Between Parties For Reference To Arbitration U/s 18(3) Of MSMED Act by Council: Bombay High Court
The Bombay High Court bench comprising Justice Neela Gokhle held that the parties should have a separate arbitration agreement between them for reference to arbitration under Micro, Small & Medium Enterprises Development Act, 2006 by Micro & Small Enterprises, Facilitation Council. The bench rejected the argument that Section 18(3) of the MSMED Act 2006 provides for a...
Parent And Borrowing Dept Bound By Terms Of Deputation: Bombay HC Holds Reduction In Foreign Allowance Of Officer Deputed To Maldives Illegal
The Bombay High Court recently observed that the terms of appointment by deputation not only bind the employee but also the parent and borrowing departments, and any reduction in the entitlements agreed upon at the time of deputation would be illegal.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor, set aside the reduction in Foreign Allowance two years...
Contradictory Information On Eligibility For LLB, Bombay High Court Grants Relief To Law Aspirant
The Bombay High Court today set aside the University of Mumbai's decision to deny admission to a law aspirant over confusion regarding the grading system of the International Baccalaureate (IB) students to the LLB program.The court allowed a petition filed by Anoushka Tusharkumar Desai, 20, challenging the varsity's notices declaring her ineligible for the 5-year LLB course despite securing...
S.202 CrPC | Magistrate Must Conduct Enquiry Before Summoning Accused Living Beyond Jurisdiction, Can't Solely Rely On Complaint: Bombay HC Full Bench
The Bombay High Court's full bench observed that when a Magistrate is conducting a mandatory inquiry under Section 202(1) of the Criminal Procedure Code (CrPC) before summoning an accused who lives outside the court's jurisdiction, the Magistrate shouldn't solely rely on the allegations in the private complaint as it can be used as an instrument of vendetta.Instead, the Magistrate...
Bombay High Court Civil Law Digest 2023
Judgments on CPC, Land Acquisition, Motor Accidents Compensation, Railway Accidents Compensation, Maharashtra Village Panchayat Act and Other Civil CasesCivil Procedure Code Opportunity To Examine Vital Witness Cannot Be Denied Only Due To Failure To Show Reason For Omitting Name In Witness List: Bombay High Court Case Title: Dinesh Singh Bhim Singh v. Vinod Shobhraj...
Legal Services Provided By Individual Advocate, Partnership Firm Of Advocates Exempted From Service Tax: Bombay High Court
The Bombay High Court has held that the service provided by an individual advocate, a partnership firm of advocates, by way of legal services is exempt from levy of service tax.The bench of Justice G. S. Kulkarni and Justice Kishore C. Sant has observed that the taxable service in respect of services provided or to be provided by the individual advocate for a firm of advocates has been set out...