Bombay High Court
Judgement Pronounced In Open Court But Signed After Transfer Of Judge A Valid Judgement : Bombay High Court
A judgement pronounced in open court but signed by the judge after he was transferred is a valid judgement, the Bombay High Court has held. Justice Sharmila Deshmukh relied on several Supreme Court judgements which held that once a judgement was delivered or pronounced in open court, the manner of delivery couldn’t be faulted.The writ petition filed by the petitioner in a partition...
Bombay High Court Quashes Deportation Order Against Russian National For Breach Of Visa Conditions Without Hearing
The Bombay High Court at Goa set aside a deportation order against a Russian national on grounds of breach of VISA condition observing that it was not a case of threat to internal security of India and authorities should have at least sought a clarification from the woman before ordering her deportation.A division bench of Justice MS Sonak and Justice Bharat P Deshpande observed that while...
Bombay High Court Cancels NOC Of Builder Over Default In Payment Of Transit Rent
The Bombay High Court on Friday cancelled the No Objection Certificate (NOC) granted to Parekh Constructions LLP, developer of a redevelopment project in South Mumbai due to its default on payment of transit rent to the residents of the demolished building.A division bench of Justice GS Patel and Justice Neela Gokhale ordered Parekh Constructions, Parekh Constructions LLP, and Nishcon Realty...
Met Nitin Desai Only Once Post Loan Disbursal, Taking Legal Action Against Defaulter Not Abetment Of Suicide: Edelweiss Chairman To Bombay HC
Group Chairman of Edelweiss Financial Services and the CEO of Edelweiss Asset Reconstruction Company Limited (EARC), who are booked for allegedly abetting art director Nitin Desai’s suicide, have claimed that they only met Desai once after his loan was approved. They have further submitted before the Bombay High Court that they had limited dealings with Desai’s loan account.Rashesh Shah...
Pothole Accidents Are Man-Made Disasters, State Has Constitutional Duty To Protect Rights Under Article 21: Bombay High Court
The Bombay High Court on Friday was livid at the Maharashtra Government for failing to comply with its directions and called deaths owing to poorly maintained roads as "man-made disasters". A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Arif Doctor were referring to the State's indecision in setting up a Centralised Grievance Redressal Mechanism for addressing...
Bombay High Court Quashes Review Order Which Disallowed Deductions, Being Contra To Natural Justice
The Bombay High Court has quashed the review order against Kalpataru Power Transmission, disallowing works-contract deductions beyond Show Cause Notice (SCN).The bench of Justice G. S. Kulkarni and Justice Jitendra Jain has observed that the review order is in patent breach of the principles of natural justice and that, without jurisdiction, the petition deserved to be...
Nitin Desai Suicide Case: Bombay High Court Issues Notice On Edelweiss Representatives' Quashing Plea, To Consider Interim Reliefs On August 18
The Bombay High Court today issued notice to the State on the quashing plea moved by group Chairman of Edelweiss Financial Services and the CEO of Edelweiss Asset Reconstruction Company Limited, who are booked for allegedly abetting art director Nitin Desai’s suicide.Bench of Justice Nitin Sambre and Justice RN Laddha however refrained from passing immediate orders for interim protection...
Can Proceedings Under Domestic Violence Act Be Transferred To Family Court? Bombay HC Directs Registry To Place Matter Before Appropriate Bench
The Bombay High Court has directed its Registry to place before an appropriate bench a clutch of petitions to decide a common legal issue – whether family courts are competent to hear domestic violence cases. “A common question involved is whether the Family Court established under the Family Courts Act, 1984 is competent to conduct the proceedings and give the relief under the Protection...
Royalty Payment For Use Of Technology Is Inextricably Linked With Manufacturing Activity: Bombay High Court
The Bombay High Court has held that the transaction of payment of royalty for the use of technology is inextricably linked with manufacturing activity and should be aggregated with other international transactions in the manufacturing segment for the purposes of benchmarking it.The bench of Justice K.R. Shriram and Justice Firdosh P. Pooniwalla has observed that the Tribunal was totally...
Centre Notifies Appointment Of Advocate Manjusha Deshpande As Additional Judge Of Bombay High Court
The Central Government has notified the appointment of Advocate Manjusha Ajay Deshpande as an Additional Judge of the Bombay High Court for a period of two years.Law Minister Arjun Ram Meghwal announced her appointment on 'X', (formerly Twitter).“In exercise of the power conferred by clause (1) of Article 224 of the Constitution of India, the President is pleased to appoint Smt. Manjusha...
"Nobody Expected People Would Have To Return To Their Hometowns": Bombay HC Condones Student's Delay In Obtaining Marksheet Amid Covid-19
The Bombay High Court allowed a student to obtain his marksheet for 12th standard improvement exam conducted in 2020 and condoned his delay in surrendering his marksheet for 12th standard exam conducted in 2019 due to the lockdown caused by COVID-19 pandemic.A division bench of Justice GS Patel and Justice Neela Gokhale, while directing the Maharashtra State Board of Secondary and...
Bombay High Court Calls For Action Against Developers In Default Of Transit Rent To Residents
The Bombay High Court called for the government to take drastic steps to ensure that developers do not default in payment of transit rent to residents/tenants whose buildings are undergoing redevelopment.A division bench of Justice GS Patel and Justice Neela Gokhale, in a writ petition involving a property that has been under redevelopment since 2012 without any progress, remarked :-“We...