Bombay High Court
Time Limit For Passing Award Under S. 29A Of Arbitration Act A Non-Derogable Provision, S.4 Of The Act Has No Application: Bombay High Court
The Bombay High Court has ruled that even though the parties had participated in the arbitral proceedings continued by the Arbitrator after his mandate had expired, the same cannot amount to a waiver under Section 4 of the Arbitration and Conciliation Act, 1996 (A&C Act). The court remarked that Section 29A of the A&C Act that provides the time limit for passing the award, is...
"Are Five Years Not Enough To Remove Potholes?": Bombay High Court Summons Six Municipal Commissioners In Contempt Plea
The Bombay High Court has summoned six Municipal Commissioners of the Mumbai Metropolitan Region on Friday to explain the poor condition of roads and open manholes. The Municipal Commissioners include BMC, Kalyan Dombivali Municipal Corporation, Mira Bhayander Municipal Corporation, Vasai Virar Municipal Corporation, Navi Mumbai Municipal Corporation and Thane Municipal Corporation....
Bombay High Court Directs Passport Authority To Consider Renewing Shiney Ahuja's Passport For 10 Yrs Pending Appeal Against Rape Conviction
The Bombay High Court on Tuesday directed the Passport Authority of India not to withhold the renewal of actor and rape convict Shiney Ahuja’s passport on grounds of his pending appeal in High Court. Justice Amit Borkar observed, “Considering the fact that during pendency of present appeal passport was renewed on more than six occasions and there is no violation of bail conditions,...
No Reservation To Post Of College Principal: Bombay High Court Paves Way For Recruitment Of Principal At Law College In Aurangabad
The Bombay High Court has reiterated that no reservation mandated by the Maharashtra Educational Institutions (Reservation in Teachers’ Cadre) Act, 2021 (Act of 2021) is applicable to the post of principal in colleges.A division bench of Justice Mangesh S Patil and Justice Shailesh P Brahme sitting at Aurangabad held that a Government Resolution dated September 23, 2016, excluding the post...
Registrar Cannot Dissolve Cooperative Society's Management Committee Based On Unaccepted Resignations: Bombay High Court
The Bombay High Court recently held that Registrar (Co-operative Societies) cannot dissolve the board of directors of a society on account of half of the members of the committee resigning before the society has accepted the resignations.Justice Kishore C Sant of the Aurangabad bench in a writ petition quashed Registrar’s order dissolving the board of directors of a cooperative society...
Nitin Desai Suicide Case: Edelweiss Group Chairman Moves Bombay High Court Against Abetment FIR
The group Chairman of Edelweiss Financial Services and the CEO of Edelweiss Asset Reconstruction Company Limited have approached the Bombay High Court to quash the FIR against them for allegedly abetting art director Nitin Desai’s suicide. Rashesh Shah is the Chairman of Edelweiss Financial Services and Raj Kumar Bansal is the Managing Director and CEO of Edelweiss Asset Reconstruction...
Shifting Of Commissionerates, Re-Organisation Of Office, Not A Valid Justification For Inordinate Delay In SCN Adjudication: Bombay High Court
The Bombay High Court has held that the belated hearing of the show cause notice would amount to a violation of the principles of natural justice."Merely for the reason that there was shifting of the Commissionerates and reorganisation of its office, there would be no reason to abdicate and/or not comply with the obligations under the Act to promptly and/or expeditiously adjudicate the show...
PIL Filed In Bombay High Court Seeking Guidelines Against Derogatory Remarks About Deceased Public Figures
A public interest litigation (PIL) has been filed in the Bombay High Court seeking guidelines to prevent the utterance and unrestricted circulation of derogatory remarks about deceased individuals who are held in high esteem.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor posted the matter for hearing on August 7. The PIL was filed in response to remarks...
No Order On Merits Can Be Passed If Appeal Is Defective For Non-Production Of Certified Copy: Bombay High Court
The Bombay High Court has held that if the appeal is defective for non-production of a certified copy, failure to deposit, or incorrect signatures, no order on merits can be passed. The appellate authority erred in law in passing an order on the merits.The bench of Justice G. S. Kulkarni and Justice Jitendra Jain has observed that the Commissioner (Appeal), having not given an opportunity to...
Relationship Prima Facie Consensual: Bombay High Court Grants Anticipatory Bail To Married Lawyer Accused Of Rape By Client
The Bombay High Court recently granted anticipatory bail to a lawyer accused of raping his client, observing that the relationship appeared consensual despite the accused being a married man. While the victim claimed she had no idea the lawyer she was consulting and was in love with was married, the court noted that the woman was in contact with the man despite knowledge of his marriage....
Justice RB Deo Of Bombay High Court Resigns, Announces Resignation In Open Court
Justice Rohit Deo, the second seniormost judge at the Nagpur bench of the Bombay High Court has resigned.Heading the division bench alongside Justice MW Chandwani, Justice Deo announced his resignation in open court at 12 pm today. According to lawyers present in court, Justice Deo said the lawyers there were like his family. Details of his last words on dias prepared by one of them read...
Commercial Suit | Plaintiff Seeking Amendment Of Plaint To Produce Documents Must Show Reasonable Cause For Not Disclosing Them Earlier: Bombay HC
The Bombay High Court recently held that a plaintiff in a commercial suit seeking to amend his plaint to place documents on record must show reasonable cause for not disclosing the documents in the plaint at the time of filing of the suit, if they were in his power and possession.Justice Manish Pitale held that the provisions of the Commercial Courts Act must operate rigorously to...