Bombay High Court Monthly Digest: December 2024

Nominal Index:

G.B. Industries Reg. Partnership Firm vs. Minakshi Balasao Magdum And Ors., 2024 LiveLaw (Bom) 617

Bks Galaxy Realtors LLP v. Sharp Properties, 2024 LiveLaw (Bom) 618

Aditya Birla Finance Limited Versus Paul Packaging Private Limited, 2024 LiveLaw (Bom) 619

Pradipsingh Thakur vs State of Maharashtra, 2024 LiveLaw (Bom) 620

Deepak Manaklal Katariay V/s. Ahsok Motilal Katariya and Ors., 2024 LiveLaw (Bom) 621

Sunfresh Agro Industries Pvt. Ltd vs. State of Maharashtra & anr., 2024 LiveLaw (Bom) 622

Anna Mathew vs. State of Maharashtra & Ors., 2024 LiveLaw (Bom) 623

Harsh Mehta Versus Securities and Exchange Board of India and Ors., 2024 LiveLaw (Bom) 624

Khimjibhai Patadia vs Municipal Corporation of Greater Mumbai, 2024 LiveLaw (Bom) 625

Jayanth Kumar vs State of Maharashtra, 2024 LiveLaw (Bom) 626

Raj Realtors vs. State of Maharashtra & ors., 2024 LiveLaw (Bom) 627

Abdul Samad Akbar Shaikh vs State of Maharashtra, 2024 LiveLaw (Bom) 628

Bharat Dedhia vs Union of India, 2024 LiveLaw (Bom) 629

Vijay Fasale vs State of Maharashtra, 2024 LiveLaw (Bom) 630

A.H. Wadia Charity Trust & Ors. vs. Airport Authority of India, 2024 LiveLaw (Bom) 631

Rekha Waghmare vs State of Maharashtra, 2024 LiveLaw (Bom) 632

Ashwini Ashish Dighe vs. Union of India & ors., 2024 LiveLaw (Bom) 633

Ratnadeep Ram Patil vs State of Maharashtra, 2024 LiveLaw (Bom) 634

Shri Guru Gobind Singhji Institute of Engineering and Technology Versus M/s. Kay Vee Enterprises, 2024 LiveLaw (Bom) 635

Shriraj Nageshwar Aepurwar vs. State of Maharashtra, 2024 LiveLaw (Bom) 636

ABC vs Maharashtra, 2024 LiveLaw (Bom) 637

Gujarati Kelavani Mandal & Anr. vs. The General Manager, Central Railway & Ors., 2024 LiveLaw (Bom) 638

M/s. Asahi India Glass Ltd. vs.Nadeem A. A. Dolare, 2024 LiveLaw (Bom) 639

Jaiprakash Bawiskar The State of Maharashtra & Anr, 2024 LiveLaw (Bom) 640

Rajendra Vishwanath Moon v. The State of Maharashtra, 2024 LiveLaw (Bom) 641

Adarsh Kumar Jain and Others v. Union of India, 2024 LiveLaw (Bom) 642

Sunita Balaji Tiwari and Ors. v. Protrans Supply Chain Management Pvt. Ltd. & Anr., 2024 LiveLaw (Bom) 643

Faiyaz Shaikh vs. State, 2024 LiveLaw (Bom) 644

M/s. Venus Worldwide Entertainment Pvt. Ltd. vs. The State of Maharashtra and ors., 2024 LiveLaw (Bom) 645

ABC vs State of Maharashtra, 2024 LiveLaw (Bom) 646

Case Title: Amol Kirtikar vs Ravindra Waikar, 2024 LiveLaw (Bom) 647

SecLink Technologies Corporation vs. The State of Maharashtra & Ors., 2024 LiveLaw (Bom) 648

Lalit Modi vs BCCI and Others, 2024 LiveLaw (Bom) 649

Zahid Khamisa vs. State of Maharashtra & Anr, 2024 LiveLaw (Bom) 650

Imperial Consultants and Securities vs. Deputy CIT, 2024 LiveLaw (Bom) 651

Shri Saibaba Sansthan Trust (Shirdi) vs. Union of India, 2024 LiveLaw (Bom) 652

Nav Chetna Charitable Trust vs, CIT (Exemption), 2024 LiveLaw (Bom) 653

Chandrabhan Atulkar v. MOIL Ltd., 2024 LiveLaw (Bom) 654

Judgments/Final Orders:

Bombay High Court Fines Licensee Rs 5 Lakh For 'Harassing Landowners' Regarding Compensation For Land Acquired For Kohlapur Airport

Case title: G.B. Industries Reg. Partnership Firm vs. Minakshi Balasao Magdum And Ors.

Citation: 2024 LiveLaw (Bom) 617

The Bombay High Court has imposed a cost of Rs. 5 lakh on a litigant for claiming untenable tenancy rights in a land, despite being a mere licensee.

In doing so the court found litigant's plea to be abuse of the process of law, intended to harass the landowners. A division bench of Justice G. S. Kulkarni and Justice Advait M. Sethna said that the petitioner, without having a semblance of a right pertaining to the ownership of land of three respondents, which was acquired for Kohlapur airport had not "left a single stone unturned to create obstacles" so that the three respondents are harassed and deprived of the compensation amount.

After Execution Of Sale Deed, Arbitration Clause Mentioned In Agreement For Sale Becomes Ineffective: Bombay High Court

Case Title: Bks Galaxy Realtors LLP v. Sharp Properties

Citation: 2024 LiveLaw (Bom) 618

The Bombay High Court Bench of Justice R. I. Chagla has held that the Agreement for sale has come to an end by the execution of the Deed of Conveyance / Sale Deed. It is well settled that once a Conveyance is executed, the object, purpose, effectiveness and validity of the Agreement for sale comes to an end. Therefore, the arbitration clause in the Agreement comes to an end as the Agreement stands fully discharged and does not have any legal effect upon the execution of the Conveyance.

SARFAESI And Arbitration Proceedings Can Proceed Parallely As Nature Of Both Proceedings Is Distinct: Bombay High Court

Case Title: Aditya Birla Finance Limited Versus Paul Packaging Private Limited

Citation: 2024 LiveLaw (Bom) 619

The Bombay High Court bench of Justice Advait M Sethna has affirmed that SARFAESI proceedings are in the nature of enforcement proceedings, while arbitration is in the context of an adjudicatory proceedings. The SARFAESI proceedings and arbitration proceedings thus can proceed parallely.

The court further observed that the role of referral court under section 11 of the Arbitration Act is very limited to verifying the existence of an arbitration agreement.

Strangulating Pregnant Wife To Death Not Exceptionally Violent Or Brutal: Bombay High Court Declares Husband Eligible For Remission

Case Title: Pradipsingh Thakur vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 620

Strangulating a pregnant wife to death over unfulfilled dowry demands, is not exceptionally violent or brutal, held the Bombay High Court at Nagpur, while granting remission to a police personnel, convicted for killing his pregnant wife.

A division bench of Justices Nitin Sambre and Vrushali Joshi held that the petitioner - Pradipsingh Thakur was eligible for remission under the Government Resolution (GR) issued on March 15, 2010, and therefore, categorised him for 22 years imprisonment - a category, which does not apply on offences where offender exhibited exceptional violence or brutality.

"Maintainability" And "Jurisdiction" Cannot Be Conflated While Deciding Application U/S 20 Of Arbitration Act, 1940: Bombay HC

Case Title: Deepak Manaklal Katariay V/s. Ahsok Motilal Katariya and Ors.

Citation: 2024 LiveLaw (Bom) 621

The Bombay High Court bench of Justice Amit Borkar has held that maintainability and jurisdiction cannot be used interchangeably as they connote different things. Lack of jurisdiction results in the nullity of proceedings, as the court inherently lacks authority to adjudicate. Non-compliance with maintainability bars leads to dismissal without deciding the merits of the case but does not affect the court's inherent power.

State Can't Treat Similarly Situated Parties Differently: Bombay High Court Orders Release Of ₹75 Lakhs Export Subsidy To Manufacturer

Case title: Sunfresh Agro Industries Pvt. Ltd vs. State of Maharashtra & anr.

Citation: 2024 LiveLaw (Bom) 622

While directing the State Government to release an export subsidy amount of Rs. 75 lakhs to a manufacturer, the Bombay High Court observed that denying the subsidy to the manufacturer after it was disbursed to a similarly situated manufacturer, would violate Article 14 of the Constitution.

A division bench of Justice B. P. Colabawalla and Justice Firdosh P. Pooniwalla noted that non-payment of subsidy to the manufacturer would amount to treating identically placed parties differently, which is against the principles of fairness and non-discrimination under Article 14.

Bombay High Court Upholds Post-Graduate Medical Admission Criteria For Domiciled Candidates Who Obtained MBBS Degree Outside Maharashtra

Case title: Anna Mathew vs. State of Maharashtra & Ors.

Citation: 2024 LiveLaw (Bom) 623

The Bombay High Court has upheld the framework for PG medical course admission in Maharashtra which mandates domiciled candidates who obtained MBBS degree outside the State, to have secured admission to MBBS course under the All-India Quota in any Government Medical College or the All India Institute of Medical Sciences or any other Central Government Institution, to be eligible for State Quota.

A division bench of Justice B. P. Colabawalla and Justice Somasekhar Sundaresan underscored that such a condition helps in filtering of strong credentials and merit for an outside MBBS graduate to be let into State Quota in Maharashtra.

Delisting Regulations Of SEBI Not Applicable To Delisting Of Equity Shares Under Resolution Plan: Bombay High Court

Case Title: Harsh Mehta Versus Securities and Exchange Board of India and Ors.

Citation: 2024 LiveLaw (Bom) 624

The Bombay High Court bench of Justices M.S.Sonak and Jitendra Jain has held that Delisting Regulations framed by the SEBI would not be applicable to the delisting of shares of the company in pursuance of the approval of a Resolution Plan under section 31 of the code.

'Sophisticated Form Of Extortion': Bombay High Court Slaps Rs 5 Lakh Costs On 'Unscrupulous' Tenant For Frivolous Petition

Case Title: Khimjibhai Patadia vs Municipal Corporation of Greater Mumbai

Citation: 2024 LiveLaw (Bom) 625

The Bombay High Court while slapping a fine of Rs 5 lakh on a tenant for 'obstructing' redevelopment of a nearly 83-year-old building, observed that often such petitions by tenants amount to 'sophisticated form of extortion' and thus such 'obstructionist' behaviour of the tenants must be deterred.

A division bench of Justices Ajay Gadkari and Kamal Khata noted that filing petitions in the court is the 'quickest and cheapest' method, often resorted to by the tenants to stall redevelopment of old and dilapidated buildings.

Duty Bound To Implement Court Orders: Bombay HC Imposes 25K Cost Over Police's Failure In Returning Passport Despite Court Order

Case Title: Jayanth Kumar vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 626

The Bombay High Court on Monday while pulling up the Mumbai Police for not returning the passport of a man, despite a clear order by a Sessions court, said the Police is duty bound to implement an order passed by any court.

A division bench of Justices Revati Mohite-Dere and Shivkumar Dige also imposed costs of Rs 25,000 on the State for the failure of the officers at Mumbai's plush Cuffe Parade Police Station, to return the passport of one Jayanth Kumar.

Unified Development Control & Promotional Regulations Must Be Read In Consistence With Maharashtra Regional Town Planning Act: High Court

Case title: Raj Realtors vs. State of Maharashtra & ors.

Citation: 2024 LiveLaw (Bom) 627

In a case relating to the denial of Occupation Certificate (OC) to a developer, the Bombay High Court has observed that the restrictions on land use and development commences when the Draft Regional Plan (DRP) under the Maharashtra Regional Town Planning Act, 1966 (MRTP Act) is published.

In doing so, a division bench of Justice B. P. Colabawalla and Justice Somasekhar Sundaresan stated that the any permission granted under the MRTP Act before coming into effect of the Unified Development Control and Promotional Regulations (UDCPR) would be valid, as the UDCPR has to be read in a manner that is consistent with the MRTP Act.

Mira Road Communal Riots: Bombay High Court Grants Bail To 14 Muslim Men, Booked For Rioting, Injuring Hindu Family

Case Title: Abdul Samad Akbar Shaikh vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 628

The Bombay High Court on Monday granted bail to 14 Muslim men accused of rioting and injuring a Hindu family as it celebrated the consecration of the Ayodhya Lord Ram Temple in Mira Road, on January 21, this year.

Single-judge Justice Nijamoodin Jamadar noted that the accused were in custody since January and the fact that given the huge number of witnesses and accused, the trial is unlikely to be concluded within a reasonable time.

"Cannot Force Citizens To Run From Pillar To Post": Bombay HC Slaps ₹1 Lakh Cost On Insurance Company For Circumventing Ombudsman's Order

Case Title: Bharat Dedhia vs Union of India

Citation: 2024 LiveLaw (Bom) 629

The Bombay High Court on Monday, while slapping exemplary costs of Rs 1 lakh on an insurance company, ordered the Insurance Regulatory and Development Authority (IRDA) and the Ministry of Finance to consider coming up with a mechanism to keep a check on insurance companies as to whether they are complying with the orders of the Insurance Ombudsman.

A division bench of Justices Mahesh Sonak and Jitendra jain was irked to note that despite a clear order of the Ombudsman passed on May 3, 2021 directing the insurance company - Oriental Insurance Company Limited, to pay Rs 27.13 lakhs to one Bharat Dedham (68), the company did not pay the same, citing some or the other reason.

Bombay High Court Slaps ₹25K Costs On School Clerk For Attempting To 'Hoodwink' Judiciary

Case Title: Vijay Fasale vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 630

The Bombay High Court recently imposed costs of Rs 25,000 on a clerk working in an educational institution, for attempting to 'hoodwink' the judiciary.

A division bench of Justices Ravindra Ghuge and Ashwin Bhobe deprecated the practice of litigants filing "chance" petitions.

Bombay High Court Enhances Compensation To Wadia Trust For Land Acquired For Mumbai Airport, Cites Amendment To Section 25 Of 1894 Law

Case title: A.H. Wadia Charity Trust & Ors. vs. Airport Authority of India

Citation: 2024 LiveLaw (Bom) 631

While considering land acquisition references, the Bombay High Court has observed that if an award is passed under the Land Acquisition Act, 1894 after amendment to Section 25, the court is empowered to grant compensation at a higher amount than that awarded by the Collector as per the amended provision.

Prior to the amendment, Section 25 stipulated that the Court could not grant compensation higher than what was claimed by claimants before the Collector in the inquiry under Section 9 of the Act.

In-Laws Keeping Young Child Away From Mother In Defiance Of Court Order Is Cruelty U/S 498A IPC: Bombay High Court

Case Title: Rekha Waghmare vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 632

In a significant ruling, the Aurangabad bench of the Bombay High Court on Wednesday held that keeping a minor child away from the mother in defiance of a court order would amount to mental harassment and cruelty.

A division bench of Justices Vibha Kankanwadi and Rohit Joshi refused to quash an FIR against the in-laws of a woman, after noting that her husband, the main accused, had been absconding. The bench noted that the husband had taken along with him, his four year old daughter, despite a clear order from a Family Court to hand over the child's custody to the complainant mother.

Authority Processing Duty Credit Scrip Applications Is 'Adjudicating Authority' For Appeal Under Foreign Trade Act: Bombay High Court

Case title: Ashwini Ashish Dighe vs. Union of India & ors.

Citation: 2024 LiveLaw (Bom) 633

In a case under the Foreign Trade (Development and Regulation) Act, 1992, the Bombay High Court held that the authority processing applications for duty credit scrip entitlement must be considered an 'adjudicating authority', whose decisions are subject to appeal, for the limited purpose of Section 15 read with Section 9 of the Act.

A division bench of Justice M. S. Sonak and Justice Jitendra Jain was of the view that the authority processing the application for issuance of MEIS scrip under Section 9 would have to treated as an adjudicating authority for the limited purpose of Section 15 read with Section 9.

Advocate Casting Aspersions On Woman's Character Upon Instructions From Client Is Discharging His Duty, Not Insulting Her Modesty: Bombay HC

Case Title: Ratnadeep Ram Patil vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 634

The Bombay High Court recently held that an advocate, when casts aspersions upon a woman's character, on instructions from his client, is basically discharging his duty and thus cannot be booked for insulting the modesty of the woman punishable under section 79 of the Bharatiya Nyaya Sanhita (BNS) 2023.

A division bench of Justices Bharati Dangre and Manjusha Deshpande delivered the ruling while quashing a First Information Report (FIR) lodged against one Ratnadeep Ram Patil, who was booked for insulting a woman by making personal allegations against her.

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court

Case Title: Shri Guru Gobind Singhji Institute of Engineering and Technology Versus M/s. Kay Vee Enterprises

Citation: 2024 LiveLaw (Bom) 635

The Bombay High Court bench of Justices Shailesh P. Brahme and S.G. Mehare has held that the jurisdiction of the High Court under Article 226/227 of the Constitution is not excluded from examining the validity of the interlocutory orders passed by the Arbitrator.

Bombay HC Slaps ₹50K Cost On Litigant For Making 'Unsubstantiated' Allegations Of Scam By Maharashtra Govt In Awarding Contract To Adani Power

Case title: Shriraj Nageshwar Aepurwar vs. State of Maharashtra

Citation: 2024 LiveLaw (Bom) 636

The Bombay High Court has imposed a cost of Rs. 50,000 on a writ petitioner alleging that a contract awarded by the Maharashtra government to Adani Power for supplying electricity was a "scam" and that the former Chief Minister was involved in corrupt practices while awarding the contract.

Not finding any merits in the petitioner's arguments, a division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar said "In our opinion, filing of such a petition/public interest litigation containing unsubstantiated and unsupported reckless averments runs the risk of some times even the good cause being lost."

No Mother Would Help Her Son Commit Rape By Spiking Victim's Drink: Bombay High Court Quashes Case

Case Title: ABC vs Maharashtra

Citation: 2024 LiveLaw (Bom) 637

In a significant ruling, the Bombay High Court at Aurangabad, recently held that a mother will never help her son to rape a woman by herself spiking the victim's drink.

A division bench of Justices Vibha Kankanwadi and Rohit Joshi quashed the First Information Report (FIR) lodged against a man and his mother, both booked for raping a woman and impregnating her. 

Beat Marshalls, Designated Constables Deployed For Safety Of Female Students At College Located Near Slum: Police To Bombay High Court

Case title: Gujarati Kelavani Mandal & Anr. vs. The General Manager, Central Railway & Ors.

Citation: 2024 LiveLaw (Bom) 638

Disposing of a petition seeking safety measures from police authorities for female students attending college located near a slum, the Bombay High Court directed the police take all appropriate steps and measures to ensure the safety of the students adding that any laxity on their part maybe viewed seriously by the court.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar passed the order after noting the police's affidavit stating the steps taken by it including deployment of beat marshals, mobile vans for survelliance as well designated beat marshals for the college.

Sleeping On Duty Is Misconduct; Employee's Past Service Record Relevant In Deciding Quantum Of Punishment: Bombay HC

Case Title: M/s. Asahi India Glass Ltd. vs.Nadeem A. A. Dolare

Citation: 2024 LiveLaw (Bom) 639

A single-judge bench of Justice Sandeep V. Marne quashed a Labour Court's order directing reinstatement along with back wages to a worker dismissed for sleeping on duty. The High Court observed that while sleeping on duty was indeed a misconduct, the penalty of dismissal was disproportionate.

State's Obligation To Realize Excise Duty Illegally Collected By Wine Manufacturers: Bombay High Court Disposes PIL On Non-Realization Of Dues

Case title: Jaiprakash Bawiskar The State of Maharashtra & Anr

Citation: 2024 LiveLaw (Bom) 640

The Bombay High Court has disposed of a Public Interest Litigation (PIL) that sought to direct the State authorities to take appropriate measures for the recovery of excise duty and interest said to have been illegally collected by the wine manufacturers.

Part-Time Service Recognized For Pension Benefits Under Old Scheme: Bombay HC

Case Title: Rajendra Vishwanath Moon v. The State of Maharashtra

Citation: 2024 LiveLaw (Bom) 641

A division bench of Justices Nitin W. Sambre and Vrushali V. Joshi held that part-time teaching service should count towards pension benefits under the Maharashtra Civil Services (Pension) Rules, 1982. It confirmed that the petitioner, who moved from part-time to full-time teaching, was entitled to pensionary benefits starting from his first appointment in 1999.

Special Allowance For Bank Employees On Deputation Cannot Be Excluded From Pay Fixation: Bombay HC

Case title: Adarsh Kumar Jain and Others v. Union of India

Citation: 2024 LiveLaw (Bom) 642

Justices Mangesh S. Patil and Prafulla S. Khubalkar ruled that employees of nationalized banks deputed to Debts Recovery Tribunals (DRTs) are entitled to include “special allowance” for the purpose of fixation. The court quashed part of a 2020 government communication that excluded the allowance from pay fixation. 

Employee's Compensation Act, 1923; To Absolve Liability, Insurer Must Prove Negligence By Employer In Verifying Employee's Driving License: Bombay High Court

Case title: Sunita Balaji Tiwari and Ors. v. Protrans Supply Chain Management Pvt. Ltd. & Anr.

Citation: 2024 LiveLaw (Bom) 643

A single judge bench consisting of Justice Nitin B. Suryawanshi overturned a Labour Court order that dismissed a compensation claim under the Employee's Compensation Act, 1923. The claim was filed by the family of a truck driver who succumbed to an accident at work. The court established that the deceased was indeed employed by the Respondent. 

Bombay HC Shuns Maharashtra Govt's 'Law & Order' Excuse, Paves Way For AIMIM Rally In Pune To Celebrate Tipu Sultan's Birth Anniversary

Case title: Faiyaz Shaikh vs. State

Citation: 2024 LiveLaw (Bom) 644

The Maharashtra government on Tuesday told the Bombay High Court that it has permitted the All India Majlis-e-Ittehadul Muslimeen (AIMIM) to carry out a rally in Pune's Baramati area to commemorate the Constitution Day and also to celebrate the birth anniversaries of Bharat Ratna Maulana Azad and Tipu Sultan on December 24.

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan while accepting the statement, refused to quash a notice issued under section 149 of the Criminal Procedure Code (CrPC), which clearly mandates that the procession should not stop nearby any religious place, particularly temple in this case. The judges, however, pulled up the State Police for always citing 'law and order situation' in such cases.

Bombay HC Imposes ₹1 Lakh Cost On 'Venus Entertainment' For 'Taking Chance' By Filing Writ Plea Avoiding Alternate Remedy

Case title: M/s. Venus Worldwide Entertainment Pvt. Ltd. vs. The State of Maharashtra and ors.

Citation: 2024 LiveLaw (Bom) 645

The Bombay High Court recently imposed a cost of ₹1 lakh on 'Venus Worldwide Entertainment Pvt. Ltd.' for "taking a chance" by filing a writ petition challenging a review order passed under the Maharashtra Value Added Tax Act, 2002, despite having a remedy of appeal under the 2002 Act.

"Love Recognises No Barriers": Bombay High Court Quotes Maya Angelou, Allows Hindu Girl To Live-In With Muslim Boy

Case Title: ABC vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 646

The Bombay High Court recently quoted American civil rights activist Maya Angelou while permitting a Hindu girl to continue her 'live-in relationship' with a Muslim boy, observing that love recognises no barriers.

A division bench of Justices Bharati Dangre and Manjusha Deshpande in an order passed on December 13, ordered the release of the girl noting that she was an adult and had a right to exercise her 'right to choice.'

Bombay High Court Upholds Election Of Shiv Sena Shinde Faction's Ravindra Waikar To Lok Sabha From Mumbai

Case Title: Amol Kirtikar vs Ravindra Waikar 

Citation: 2024 LiveLaw (Bom) 647

The Bombay High Court on Thursday dismissed the election petition filed by Amol Kirtikar, a candidate from Uddhav Thackeray faction, who had challenged the election of Ravindra Waikar, a leader from Eknath Shinde faction, to the 18th Lok Sabha from Mumbai North-West constituency.

Single-judge Justice Sandeep Marne held that Kirtikar failed to establish how the alleged acts on part of the Returning Officer (RO), or Waikar 'materially affected' the outcome of the elections.

Bombay High Court Upholds State Govt's Cancellation Of Earlier Dharavi Redevelopment Tender And Award Of Fresh Tender To Adani Properties

Case title: SecLink Technologies Corporation vs. The State of Maharashtra & Ors. 

Citation: 2024 LiveLaw (Bom) 648

The Bombay High Court today (December 20), upheld the tender awarded to Adani Properties Pvt. Ltd. by the State Government for redevelopment of Dharavi slums.

In doing so, a division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar found that the cancellation of an earlier tender and award of a new tender to Adani Propertied was not arbitrary or irrational.

'Frivolous Petition': Bombay HC Slaps ₹1 Lakh Cost On Lalit Modi For Asking BCCI To Pay ₹10 Crore On His Behalf To ED In FEMA Case

Case Title: Lalit Modi vs BCCI and Others

Citation: 2024 LiveLaw (Bom) 649

The Bombay High Court on Thursday imposed of cost of Rs 1 lakh on former chief of the Indian Premiere League (IPL) Lalit Modi for filing 'misconceived' petition seeking directions to the Board of Control for Cricket in India (BCCI) to pay on his behalf the penalty of Rs 10.65 crores imposed on him by the ED for violating the Foreign Exchange Management Act (FEMA).

A division bench of Justice Mahesh Sonak and Justice Jitendra Jain noted that despite clear orders of the Supreme Court, passed way back in 2005 in Zee Telefilms Ltd. & Anr. Vs. Union of India & Ors that the BCCI does not answer the definition of 'State' within the meaning assigned to this term under Article 12 of the Constitution of India, Modi has filed the instant frivolous petition in 2018, seeking writ orders against the BCCI.

Bombay High Court Allows Mahim Dargah Mela To Continue, Quashes Police Notice To Stop Event Due To Christmas Celebrations

Case title: Zahid Khamisa vs. State of Maharashtra & Anr

Citation: 2024 LiveLaw (Bom) 650

The Bombay High Court on Tuesday (December 24) quashed a notice issued by Mumbai Police to stop the annual Mahim Mela (fun fair)–one of the city's most vibrant events–citing the "overcrowding" on the streets, especially on December 24 and 25, when people will usher in Christmas celebrations.

A vacation bench of Justices Shivkumar Dige and Advait Sethna said that the police, instead of stopping the event can instead provide more police force for keeping a check on overcrowding and traffic jams.

ITO Acted On Complete Change Of Opinion On Same Material With Intent To Review Assessment Order Passed By Him: Bombay HC Quashes Reopening

Case Title: Imperial Consultants and Securities vs. Deputy CIT

Citation: 2024 LiveLaw (Bom) 651

While setting aside the reassessment proceedings, the Bombay High Court held that 'change of opinion' or 'review of already completed assessment', is not permitted to AO.

While holding so, the Division Bench of Justice G.S Kulkarni and Justice Advait M Sethna observed that there is no whisper of allegations against the assessee that income that has escaped assessment was attributable to the assessee for not disclosing fully & truly all material facts necessary for assessment.

S.147 Of IT Act Doesn't Postulate Review Jurisdiction Such That Assessment Can Be Reviewed By AO Intending To Form Different Opinion: Bombay HC

Case Title: Shri Saibaba Sansthan Trust (Shirdi) vs. Union of India

Citation: 2024 LiveLaw (Bom) 652

The Bombay High Court ruled that the materials which were already available before AO and which ultimately were considered in passing assessment order u/s 143(3), cannot form basis of reopening, on ground that such materials were ignored in finalizing assessment.

The Division Bench of Justice G S Kulkarni and Justice Firdosh P Pooniwalla observed that AO cannot assume jurisdiction under garb of re-assessment u/s 147, to reopen assessment merely on basis of change of opinion and/or review assessment order passed against assessee.

Belated Filing Of Form 9A Is Not Attributable To Trust: Bombay HC Allows Exemption U/S 11 After Condoning Delay Under IT Act

Case Title: Nav Chetna Charitable Trust vs, CIT (Exemption)

Citation: 2024 LiveLaw (Bom) 653

The Bombay High Court held that bonafide delay in filing Form 9A on part of trust, has to be construed as procedural lapse and shall be condoned by exercising powers u/s 119(2) of Income tax Act.

The Division Bench of Justice G S Kulkarni and Justice Advait M Sethna observed that that the jurisdictional AO completely lost sight of the fact that at the time when assessee claimed deductions towards depreciation and capital expenditure u/s 11(1) by filing the revised computation, the time limit for submission of Form 9A had lapsed, due to change of procedure.

MOIL Ltd.'s Pension Scheme Struck Down By Bombay HC As Discriminatory; Distinction Between Resignation And Superannuation Declared Arbitrary

Case Title: Chandrabhan Atulkar v. MOIL Ltd.

Citation: 2024 LiveLaw (Bom) 654

A Division Bench of Justices Avinash G. Gharote and Abhay J. Mantri held that Clause 7(b) of the MOIL Group Superannuation Cash Accumulation Scheme is discriminatory and violative of Article 14. This clause restricted employees who resigned from receiving their pension. The court ruled that resignation alone cannot bar pensionary benefits when all other eligibility criteria are met.

Other orders/Observations:

Bombay High Court Temporarily Restrains Recruitment Website From Infringing Hind Rectifiers Ltd's 'HIRECT' Trademark

The Bombay High Court has issued a temporary injunction restraining Chrome21 India Pvt. Ltd. from infringing semiconductor manufacturer Hind Rectifiers Limited's registered trademark called 'HIRECT'.

In doing so Justice R.I. Chagla observed that the defendant company had "dishonestly adopted" mark after noting that the defendant's mark was identical to plaintiff's and was for the same class of goods and services.

Bombay High Court Passes John Doe Order Against Threat Of Leaking HDFC Life's Customer Data

In a ransomware extortion threat against HDFC Life that sought to leak its customers' confidential information, the Bombay High Court has issued a temporary injunction against unknown defendants from publishing, distributing or disclosing the personal data of HDFC's customers.

Justice R.I. Chagla also directed social media intermediaries including WhatsApp and Telegram to remove access to the unknown defendant's accounts and domain names, which are used to transmit the customers' confidential data.

Plea In Bombay HC Challenges MBBS Seat Allotment, Says State Applied Different Rules For Specified & Constitutional Reservations

A petition has been filed in the Bombay High Court challenging a seat allotment process for the MBBS course by the State CET Cell, arguing that the State has applied different rules for specified reservations and constitutional reservations.

Bombay High Court Stays Trial Court Order Permitting Pune-Based Food Joint To Use 'Burger King' Trademark

The Bombay High Court on Monday stayed an order of a local Court and restrained a Pune-based food joint from using the trademark 'Burger King', granting relief to the United States food giant 'Burger King.'

A division bench of Justices Atul Chandurkar and Rajesh Patil stayed the order while admitting the appeal filed by Burger King against the Pune Court's verdict.

Ex-Cop Sachin Waze Moves Bombay High Court Seeking Interim Bail In Antilia Bomb Scare Case

Former Assistant Police Inspector Sachin Hindurao Waze, has moved an application before the Bombay High Court seeking interim bail in relation to the Antilia bomb scare case.

Waze was arrested by the National Investigation Agency (NIA) on 13 March 2021 for allegedly placing an explosive-laden vehicle near Mukesh Ambanis's residence Antilia in Mumbai. He was charged under Sections 16 and 18 of UAPA for the commission of terrorist activities.

Ineligibility To Pursue 3-Yr LLB Course Was Raised After Graduation: Plea In Bombay HC Challenges State Bar Council's Denial Of Enrolment

A petition has been filed in the Bombay High Court against the Bar Council of Maharashtra's decision to deny sanad/enrolment to a law graduate who completed a 3-year LLB on the ground that her aggregate marks in bachelor's degree prior to LLB were less than 45% aggregate marks.

Lulu International Malls Assures Bombay High Court It Will Not Play Copyright Songs On Its Premises

The Lulu International Shopping Malls, recently assured the Bombay High Court that henceforth it will not use sound recordings or songs owned by the Phonograhic Performance Limited (PPL) without obtaining a valid licence from it. Single-judge Justice Riyaz Chagla accepted the statement made by the mall.

No Reason To Disallow Procession On Tipu Sultan's Birth Anniversary: Bombay High Court

The Bombay High Court on Thursday asked the Maharashtra government if there was any ban on celebrating the birth anniversary of Mysore King Tipu Sultan.

A division bench of Justices Revati Mohite-Dere and Shivkumar Dige made the query while hearing a plea filed by one Faiyaz Shaikh, the Pune President of All India Majlis-e-Ittehadul Muslimeen (AIMIM) party, who sought to carry out a rally to coommerate the birth anniversary of Bharat Ratna Maulana Azad and Tipu Sultan along with the Constitution Day.

Copyright Infringement: Bombay High Court Orders YouTuber 'Flying Beast' To Remove Videos Featuring Castrol's Zero-Gravity Flight Experience

In a copyright infringement suit filed by Castrol India Ltd., the Bombay High Court has issued a temporary injunction against Gaurav Taneja, the popular YouTube vlogger behind the 'Flying Beast' channel, restraining him from infringing Castrol's copyright related to its marketing campaign for a zero-gravity flight experience.

The Court also ordered Taneja to remove two videos from his YouTube channels that featured the experience, as he did not credit Castrol or its campaign in the videos.

"If You Cannot Enforce Laws To Remove Hawkers, Let People Take Law In Their Hands": Bombay High Court Slams Maha Govt

The Bombay High Court on Thursday while coming down heavily on the Maharashtra government over its failure to curb the menace of illegal hawkers, said the State must clarify its stand as to whether it will comply with court orders or not or let people take the law in their own hands and do whatever they feel like.

Cops Instructed To Give Priority To Court Proceedings: State Tells Bombay HC After Objections Over "Less Weightage" Given To Court

The Maharashtra Government recently informed the Bombay High Court that the State's Director General of Police would soon be issuing a circular instructing the police officers across the State to take court proceedings 'seriously' and to give it 'priority' over other works.

Bombay HC Judges Visit Yerwada Prison In Pune: Ask Authorities To Take Care Of Prisoners' Mental Health, Identify 'Terminally Ill' Inmates

The Bombay High Court on Monday directed the Maharashtra government to consider proper implementation of an Advisory issued by the Union Government way back in 2010, to grant medical bail or to put in house arrest, prisoners, who are identified to be 'terminally ill.'

Bombay High Court Stays ₹4 Crore Penalty Imposed On Patanjali Ayurveda In Trademark Infringement Case

A division bench of the Bombay High Court has stayed the operation of a single judge's order against Patanjali Ayurved Ltd., which had ordered the company to pay an amount of Rs 4 crores for violating the Court's ad-interim order in relation to a trademark infringement case filed by Mangalam Organics Ltd.

PIL In Bombay High Court Challenges Governor's Decision Appointing 7 MLCs To State Legislative Council

A fresh Public Interest Litigation (PIL) has been filed in the Bombay High Court challenging the notification issued by the Maharashtra Governor on 14 October 2024, where 7 MLCs (Member of Legislative Council) were nominated to the State Legislative Council.

Bombay High Court Issues Notice On PIL Seeking Implementation Of Guidelines Regulating Motor Vehicle Aggregators Like Ola, Uber

A Public Interest Litigation (PIL) has been filed in the Bombay High Court seeking directions to the State for implementing the Motor Vehicle Aggregator Guidelines 2020 and for ensuring the safety of passengers travelling in transport aggregators vehicles.

Bombay High Court Issues Notice To SEBI In Plea Against Mutual Fund Ads By Association Of Mutual Funds In India

A Public Interest Litigation (PIL) had been filed in the Bombay High Court seeking directions to the Securities and Exchange Board of India (SEBI) to withdraw the permission granted to the Association of Mutual Funds in India (AMFI) in relation to advertisements of mutual funds.

"Political Parties Have No Respect For Court's Orders": Bombay High Court Remarks In Plea Against Illegal Hoardings, Banners

In a Public Interest Litigation (PIL) concerning the issue of illegal hoardings and banners erected by political parties in public places, the Bombay High Court expressed its frustrations over the continued violation of its earlier directions.

Bombay High Court Issues Contempt Notices To Political Parties In PIL On Illegal Hoardings In Public Places

The Bombay High Court on Thursday (December 19) issued contempt notices to various political parties in the State in relation to a Public Interest Litigation (PIL) concerning illegal hoardings and banners erected by political parties in public places.

Badlapur Sexual Assault Accused's Parents Forced To Live On Streets, Beg For Survival: Bombay High Court Told

The Bombay High Court was on Thursday informed that the parents of the now deceased accused in the Badlapur sexual encounter case, have been surviving by begging on streets as no one is giving them any job and even they have been forced to leave their own house and live on footpaths.
Bombay High Court Asks Maha Govt To Send Hindu Boy And Muslim Girl To Newly Notified 'Safe Homes' For Interfaith & Intercaste Couples

The Bombay High Court on Thursday ordered the Maharashtra government to make arrangements for sending a Hindu boy and Muslim girl to the State's newly notified 'Safe Homes' meant for 'interfaith' couples, for their protection.

“We Cannot Always Rely On God For Winds, Show Some Will To Clear Air Pollution”: Bombay High Court Tells BMC, Maha Govt

The Bombay High Court on Friday while expressing displeasure over the 'harsh' air pollution in Mumbai, told the authorities that they cannot rely on the God for winds to clear the air and instead the authorities need to show some 'will' to cut down the air pollution in the city.

'Will Hold You Responsible If Anything Happens': Bombay HC Tells Police After Muslim Man Was Allegedly Attacked Despite Protection Orders

After it was informed that a Muslim man, who along with his family was allegedly forced to chant "Jai Shri Ram" on a Mumbai-bound train, had escaped an allegedly "planned" accident in Kankavli, the Bombay High Court on Thursday (December 19), warned the state police that if anything happens to the man or if he dies, the concerned police officers will be held accountable for the same.

Bombay High Court Issues Notice To Consortium Of NLUs On Plea Challenging CLAT PG 2025 Answer Key

In a petition challenging the CLAT PG 2025 answer key, the Bombay High Court today (24 December) issued notice to the Consortium of National Law Universities (NLUs). A vacation bench of Justice SG Dige and Justice Advait M Sethna stated that any selection made by the Consortium would be subject to the final outcome of the present petition.

Pulling up Mumbai Police's Economic Offences Wing (EOW) for the delay caused in properly investigating a "fraud" case under the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, the Bombay High Court recently observed that investigations in a criminal case cannot be permitted to linger on for years, keeping investors in the lurch.

A division bench of Justice Revati Mohite-Dere and Justice Prithviraj K Chavan sought to know if the EOW was 'serious' in investigating the said case since it did not file the chargesheet in the case despite it being lodged way back in October 2020.