Bombay High Court
No Scientific Method To Determine Age Of Ink Used In Writing: Bombay High Court Quashes Order Allowing Ink-Age Test On Disputed Cheque
Observing that there is no scientific method to determine age of the ink in a document, the Bombay High Court recently set aside sessions court order allowing an ink-age test by a handwriting expert on a disputed cheque in a cheque dishonour case.Justice Anil L Pansare of the Nagpur bench, in a writ petition challenging the sessions court order, relied on the expert opinion recorded by the...
Bombay High Court Refuses To Quash Arrest & Remand Of Jet Airways Founder Naresh Goyal In Money Laundering Case
The Bombay High Court on Tuesday dismissed the plea filed by Jet Airways founder Naresh Goyal seeking to quash his arrest and remand orders in the Rs. 538 Cr money laundering Case.A division bench headed by Justice Revati Mohite Dere dismissed Goyal's habeas corpus plea but said it would be open for Goyal to pursue other statutory remedies available to him and observations in the order...
Court Can Grant Mandatory Injunction At Interim Stage Under Section 9 Of The A&C Act When Builder Commits Multiple Breaches Eroding Housing Society’s Confidence In It: Bombay High Court
The High Court of Bombay has held that a Court exercising powers under Section 9 of the A&C Act can grant mandatory injunction at an interim stage when the builder is found to be in multiple breaches which results in the co-operative society losing its confidence in the builder. The bench of Justice Manish Pitale held that the relief of mandatory injunction at an interim stage is...
Mumbai Air Pollution: Bombay High Court Bans Bursting Of Firecrackers, Except Between 7 PM To 10 PM
The Bombay High Court today directed the Municipal Corporations of the Mumbai Metropolitan Region to ensure that firecrackers are not burst beyond the period of 7 PM to 10 PM in light of the poor air quality index.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Girish Kulkarni issued a slew of directions to immediately address the air quality index in a Suo Motu...
Issue Of Non-Stamping Of Arbitration Agreement Not Raised Before The Arbitrator, Cannot Be Raised Subsequently Under Section 34 Or 37 Of The A&C Act: Bombay High Court
The High Court of Bombay has held that if the issue of non-stamping or insufficient stamping of the arbitration agreement is not raised before the arbitrator or on the first possible opportunity, then it cannot be raised subsequently under Section 34 or 37 of the A&C Act. The bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S. Doctor held that...
An Arbitral Award Cannot Be Challenged In Appeal On Entirely New Grounds Which Were Not Taken Under Section 34 Of The A&C Act: Bombay High Court
The High Court of Bombay has held that an appeal to challenge an arbitral award cannot be on entirely new grounds. It held that grounds which were not taken before the Court under Section 34 of the A&C Act cannot be taken in appeal. The bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S. Doctor held that an arbitration award cannot be challenged on afresh grounds...
Merely Stating EVM Was Defective Would Not Invalidate Election Without Proof Of Material Impact On Outcome: Bombay High Court
The Bombay High Court on Saturday held that merely stating that the Electronic Voting Machine had a defect would not invalidate an election in absence of proof that this defect materially influenced the outcome of the election.A division bench of Justice AS Chandurkar and Justice Vrushali V. Joshi sitting at Nagpur refused to quash election of a Sarpanch who won by one vote in a plea...
Bombay High Court Monthly Digest: October 2023
Nominal Index [Citation 464 - 508]Wynk Ltd. v. Tips Industries Ltd. 2023 LiveLaw (Bom) 464Dolby Builders Private Ltd. and Anr. v. Municipal Corporation of Greater Mumbai and Ors. 2023 LiveLaw (Bom) 465Maharashtra Rajya Apang Karmachari Sanstha v. State of Maharashtra & Ors. 2023 LiveLaw (Bom) 466Sunil s/o Fattesing Sable v. State of Maharashtra 2023 LiveLaw (Bom) 467State of Maharashtra...
Octroi Department Employees Of Municipal Corp Have No Vested Right To Commission On Fee Collected From Evaders: Bombay High Court
The Bombay High Court recently held that employees posted in the Octroi department of a Municipal Corporation do not have any right to receive commission (Mushahira) on compromise fee collected by the department from Octroi evaders.Justice Sandeep V Marne observed that the employees cannot demand commission for performing their duties of apprehending evading vehicles and collecting...
Disclosure Would Endanger Life Of Judges: Bombay High Court Denies RTI Information On Structural Audit Report Of Its Building
The Bombay High Court has refused to provide a report of its structural audit sought under the Right to Information Act citing danger to its judges.“…the disclosure of the same would endanger the life or physical safety of Hon'ble Judges and Officials of the Hon'ble Bombay High Court,” the reply stated.Environmentalist Zoru Bhathena said he had sought a copy of the Structural Audit...
S.438 CrPC | Accused In Custody Not Precluded From Seeking Anticipatory Bail In Another Case: Bombay High Court
An accused in custody in one case can seek anticipatory bail in another case under Section 438 of the CrPC, the Bombay High Court has held and granted pre-arrest bail to an accused in a forgery case.“I am impelled to hold that the fact that the applicant is already in custody in one case does not preclude him from seeking prearrest bail in connection with another case in which he...
A Party Cannot Be Allowed To Take Advantage Of Inartistic Drafting Of Arbitration Clause As Long As The Intention To Arbitrate Is Clear: Bombay High Court
The High Court of Bombay has held that a party cannot be allowed to take advantage of inartistic or poor drafting of an arbitration clause as long as the clause contains the necessary ingredients and the intention to arbitrate is clear. The bench of Justice Manish Pitale also held that a Court exercising power under Section 9 of the A&C Act would be within its power to scrutinize...