Bombay High Court Monthly Digest: November 2024

Sharad vs. The Chief General Manager, Telecom (R.E.) Project & anr., 2024 LiveLaw (Bom) 568

M/s. Tata Steel Ltd vs. Maharashtra Shramjivi General Kamgar Union & anr., 2024 LiveLaw (Bom) 569

Suruchi Rajendra Gurjar vs. Board of Trustees of the Mumbai Port Authority & anr., 2024 LiveLaw (Bom) 570

Doctor vs State of Maharashtra, 2024 LiveLaw (Bom) 571

Vijayamala Tanaji Ghuge & Ors. v. The State of Maharashtra & Ors., 2024 LiveLaw (Bom) 572

Ashwinkumar Sanap vs State of Maharashtra, 2024 LiveLaw (Bom) 573

Puranlal Dhurve vs State of Maharashtra, 2024 LiveLaw (Bom) 574

Mayur Ravindra Bhagat vs State of Maharashtra, 2024 LiveLaw (Bom) 575

Maharashtra Rajya Bandhkam Kamgar Sanyukt Kriti Samiti vs State of Maharashtra, 2024 LiveLaw (Bom) 576

Rakesh Lal Meena and Others v. Union of India through the Secretary, Ministry of Home Affairs and Others, 2024 LiveLaw (Bom) 577

X v/s State of Maharashtra, 2024 LiveLaw (Bom) 578

State through Canacona Police Station vs Gulsher Ahmed, 2024 LiveLaw (Bom) 579

Naresh Goyal v. ED, 2024 LiveLaw (Bom) 580

Onkar Kalmankar vs Public Information Officer, 2024 LiveLaw (Bom) 581

Ashish Kishor Gadkari vs Election Commission of India, 2024 LiveLaw (Bom) 582

M/S. Truly Pest Solution Private Limited vs. Principal Chief Mechanical Engineering, 2024 LiveLaw (Bom) 583

Radhabai Shirke vs Keshav Jadhav, 2024 LiveLaw (Bom) 584

Shailesh Ranka and others vs. Windsor Machines Limited and another, 2024 LiveLaw (Bom) 585

Varanium Cloud Limited And Anr. vs. Rolta Private Limited And Anr., 2024 LiveLaw (Bom) 586

Credit Agricole CIB Services Private Limited v. Union of India & Ors, 2024 LiveLaw (Bom) 587

Lt. Col. Prasad Shrikant Purohit vs. NIA & ors., 2024 LiveLaw (Bom) 588

S v. State of Maharashtra, 2024 (LiveLaw) Bom 589

State of Maharashtra vs Haribhau, 2024 (LiveLaw) Bom 590

Maharashtra State Cooperative Cotton Growers' Marketing Federation Ltd. v. Appellate Tribunal, Employees Provident Fund, 2024 (LiveLaw) Bom 591

Satish Kakade vs State of Maharashtra, 2024 LiveLaw (Bom) 592

Shri Saibaba Sansthan Shirdi vs State of Maharashtra, 2024 LiveLaw (Bom) 593

Anita Agarwal vs. Union of India, 2024 (LiveLaw) Bom 594

Ujala Shyambihari Yadav vs. The Election Commission Of India, 2024 (LiveLaw) Bom 595

Mahesh Khedkar vs State of Maharashtra, 2024 (LiveLaw) Bom 596

Apollo Tyres vs. Union of India, 2024 (LiveLaw) Bom 597

B.V. Jewels vs. Union of India, 2024 LiveLaw (Bom) 598

Oberoi Constructions vs. Union of India, 2024 LiveLaw (Bom) 599

Siti Networks Ltd. vs. Rajiv Suri, 2024 LiveLaw (Bom) 600

Kailas Pawar vs State of Maharashtra, 2024 LiveLaw (Bom) 601

Ratna Vannam vs. State, 2024 LiveLaw (Bom) 602

Sandeep Pandurang Patil vs. State of Maharashtra & ors., 2024 LiveLaw (Bom) 603

Delphi World Money vs. Union of India, 2024 LiveLaw (Bom) 604

M/s. Mobile Arts S.A.L. vs. M/s. Mauj Mobile Private Ltd., 2024 LiveLaw (Bom) 605

Mihir Shah vs. State, 2024 LiveLaw (Bom) 611

High Court of Judicature at Bombay on its Own Motion vs. Mayur Gulabrao Patil & anr., 2024 LiveLaw (Bom) 612

Mahindra and Mahindra Ltd. vs. Union of India & ors., 2024 LiveLaw (Bom) 613

Neilan International Co Ltd vs Powerica Ltd, 2024 LiveLaw (Bom) 614

SS vs State of Maharashtra, 2024 LiveLaw (Bom) 615

Gulshan Townplanners LLP v. Gulshan Co-operative Housing Society Limited & Anr., 2024 LiveLaw (Bom) 616

Judgments/Final orders:

Termination Without Section 25F Notice; Monetary Compensation Adequate When Employee Found In Similar Employment: Bombay HC

Case title: Sharad vs. The Chief General Manager, Telecom (R.E.) Project & anr.

Citation: 2024 LiveLaw (Bom) 568

A Single Judge Bench of Justice Anil L. Pansare upheld the Labour Court's decision to award monetary compensation instead of reinstatement to a casual laborer whose services were terminated without following due process. The court emphasized that while termination without following Section 25F of the Industrial Disputes Act, 1947 is illegal, reinstatement is not an automatic remedy, especially when the employee has found similar employment elsewhere.

Industrial Court Lacks Jurisdiction In Absence Of Clear Employer-Employee Relationship: Bombay HC

Case title: M/s. Tata Steel Ltd vs. Maharashtra Shramjivi General Kamgar Union & anr.

Citation: 2024 LiveLaw (Bom) 569

A single Judge bench of Justice Sandeep V. Marne allowed Tata Steel's writ petition. It held that the Industrial Court lacked jurisdiction to decide the employment status of canteen workers, as the nature of the employer-employee relationship was itself disputed. The court ruled that under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices (MRTU & PULP) Act, 1971, the Industrial Court can only hear cases where an undisputed employment relationship exists.

Indefinite Probation Extension Beyond Regulatory Limits Invalid; Bombay HC Reinforces Procedural Safeguards

Case title: Suruchi Rajendra Gurjar vs. Board of Trustees of the Mumbai Port Authority & anr.

Citation: 2024 LiveLaw (Bom) 570

A Division Bench comprising Justice Ravindra V. Ghuge and Justice M.M. Sathaye ruled that Mumbai Port Authority's (MbPA) termination of a Chief Law Officer's probation based on an internal inquiry report without due process was stigmatic and unjustified. The Court found that the indefinite extension of probation violated the Mumbai Port Trust Employees Regulations, 2010, which caps probation at three years.

S.498-A IPC | Matrimonial Dispute Is Not Moral Turpitude; Cannot Be Used To Block Spouses' Right To Education: Bombay High Court

Case Title: Doctor vs State of Maharashtra 

Citation: 2024 LiveLaw (Bom) 571

In a significant order, the Bombay High Court bench at Aurangabad recently held that a matrimonial dispute or case is a 'personal dispute' which cannot be termed to be an offence related to 'moral turpitude' to impact either of the spouses right to pursue further education in their lives.

A division bench of Justices Vibha Kankanwadi and Santosh Chapalgaonkar permitted a husband to pursue his All India Ayush Post Graduate Entrance Test (AIAPGET) - 2024, a course for which he was held 'ineligible' on the ground that he has been booked in a section 498-A case along with charges under the stringent Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

UGC Ph.D. Requirement For Promotions In Maharashtra Colleges Can't Be Applied Retrospectively: Bombay High Court

Case title: Vijayamala Tanaji Ghuge & Ors. v. The State of Maharashtra & Ors.

Citation: 2024 LiveLaw (Bom) 572

A division bench of Justices Mangesh S. Patil and Shailesh P. Brahme ruled that the University Grants Commission (UGC) Ph.D. requirement for promotion to Associate Professor, introduced in 2018, applies prospectively and does not impact faculty who qualified under earlier regulations. The State of Maharashtra was directed to review the petitioners' promotion applications based on 2016 regulations.

Unless Recipient Chooses To Forward Message On WhatsApp, They Cannot Be Held Liable For Defamation: Bombay High Court

Case Title: Ashwinkumar Sanap vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 573

A WhatsApp message is encrypted end to end and it can only be read by the person, who received it unless the recipient chooses to forward the message, thus in such a situation a sender cannot be booked for defaming a person in society, the Bombay High Court held recently.

A division bench of Justices Vibha Kankanwadi and Santosh Chapalgaonkar quashed an FIR lodged against a man for allegedly defaming his in-laws by sending a 'defamatory' post on a WhatsApp message to one of the relatives of the complainant.

'Mandate Of Day-To-Day Trial U/S 309 CrPC Is Thrown To The Wind': Bombay High Court Flags 'Unhealthy Practice' Of Trial Courts

Case Title: Puranlal Dhurve vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 574

The Bombay High Court while ordering a 'retrial' in a rape case, noted the 'alarming state of affairs' of most criminal trials, wherein the courts have failed to conduct a 'day-to-day' trial and therefore, issued guidelines for the lower courts to strictly adhere to section 309 of the Criminal Procedure Code (CrPC) and section 346 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Single-judge Justice Govind Sanap noted various lapses on the part of the trial judge and also the prosecution that prejudiced the case of the victim and also the accused. The judge was disturbed to note that only 10 witnesses were examined in 2 years and 4 months by three separate trial judges.

Bombay High Court Calls For Strict Action Against Developers Constructing Illegal Buildings; Denies Anticipatory Bail To Developer

Case Title: Mayur Ravindra Bhagat vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 575

Calling for a 'stringent action' against developers proceeding with construction projects without mandatory approvals, which leads to frauds, the Bombay High Court recently denied anticipatory bail to a developer booked for usurping a man's ancestral property and constructing an illegal building over it and further selling flats to individual purchasers by forging mandatory permissions.

Single-judge Justice Rajesh Laddha said in such cases, custodial interrogation is crucial as even some civic officials often connive with such fraud developers to commit fraud.

Registration, Renewal And Welfare Schemes For Construction Workers Cannot Be Suspended Citing Election Code: Bombay High Court

Case Title: Maharashtra Rajya Bandhkam Kamgar Sanyukt Kriti Samiti vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 576

The Bombay High Court on Thursday (November 7) while quashing the order of the Maharashtra Building and Other Construction Workers' Welfare Board (MBOCWWB), by which it stopped the fresh registration, renewal of registrations, distribution of benefits such as protective gears, essential gears, household utility sets, grant of fresh approvals under the housing scheme and publicity work of the Board, citing the enforcement of the Model Code of Conduct (MCC) in view of the upcoming Maharashtra Legislative Assembly elections.

A division bench of Justices Arif Doctor and Somsekhar Sundaresan ordered the MBOCWWB to forthwith start the operations of the various schemes under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.

Long-Term Contract Employment Cannot Override Regular Recruitment Process; Bombay HC

Case Name: Rakesh Lal Meena and Others v. Union of India through the Secretary, Ministry of Home Affairs and Others

Citation: 2024 LiveLaw (Bom) 577

A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar directed the regularization of staff nurses employed on contract basis in the Union Territory of Daman and Diu. The court overturned the Central Administrative Tribunal's dismissal, ruling that the nurses, who were recruited through proper selection processes in accordance with the 1967 Service Rules, were entitled to regular appointment status despite being initially hired on contract.

Not Allowing Daughter-In-Law To Watch TV, Meet Neighbours, Go To Temple Alone & Making Her Sleep On Carpet Is Not Cruelty: Bombay High Court

Case title: X v/s State of Maharashtra

Citation: 2024 LiveLaw (Bom) 578

Quashing a 20-year-old order convicting a man and his family for cruelty towards his deceased wife, the Aurangabad bench of the Bombay High Court said that the allegations of taunting the deceased, not allowing her to watch TV, not allowing her to go alone to the temple and making her sleep on a carpet would not constitute the offence of cruelty under IPC Section 498A, as none of these actions were “severe.”

A single judge bench of Justice Abhay S Waghwase observed that the nature of allegations would not constitute physical and mental cruelty as the allegations pertained to the domestic affairs of the house of accused. 

Girl Booking Hotel Room, Entering It With Boy Does Not Mean She Consented To Sex: Bombay High Court

Case Details: State through Canacona Police Station vs Gulsher Ahmed

Citation: 2024 LiveLaw (Bom) 579

In a significant ruling, the Bombay High Court at Goa held that even if a girl books a hotel room along with a man and goes inside the room, it would not mean that she has consented to sexual intercourse.

Single-judge Justice Bharat Deshpande quashed an order passed by a Trial Court in Margao on March 3, 2021, discharging a man from rape charge. The Trial Court in its order, opined that since the girl was instrumental in booking the room in the hotel, she 'consented' to the sexual activity that took place inside the room and thus a rape charge cannot be slapped against Gulsher Ahmed.

Bombay High Court Grants Bail To Jet Airways Founder Naresh Goyal On Medical Grounds

Case Title: Naresh Goyal v. ED

Citation: 2024 LiveLaw (Bom) 580

The Bombay High Court has made Jet Airways founder Naresh Goyal's interim bail absolute in relation to a money laundering case.

A single-judge bench of Justice Nijamoodin Jamadar, who had earlier granted interim bail to Goyal made it absolute.

RTI | Disclosure Of Marks Obtained By Candidates In Public Recruitment Process Is Not Invasion Of Privacy: Bombay High Court

Case Title: Onkar Kalmankar vs Public Information Officer

Citation: 2024 LiveLaw (Bom) 581

In a significant ruling, the Bombay High Court on Monday held that the disclosure of marks obtained by candidates in a public recruitment process would not invade the privacy of the candidates and that such disclosure is permissible under the Right To Information (RTI) Act, 2005.

A division bench of Justices Mahesh Sonak and Jitendra Jain quashed the orders passed by a Public Information Officer (PIO) and the subsequent ones passed by the First and Second Appellate Authorities, which denied disclosure of information related to the marks obtained by the candidates in a public recruitment process, stating that the same would invade their right to privacy.

[Maharashtra Elections] Court Can Interfere In Electoral Process Only To Progress And Further It: HC Denies Relief To Candidate Over Rejected Nomination

Case Title: Ashish Kishor Gadkari vs Election Commission of India

Citation: 2024 LiveLaw (Bom) 582

The Bombay High Court last week held that the High Courts do have 'jurisdiction' and 'power' to interfere in the electoral process but the same must be exercised only to further the process or progress of the elections.

A division bench of Justices Arif Doctor and Somasekhar Sundaresan, which was presiding over a vacation court on November 6, refused to grant any relief to one Ashish Gadkari, an independent candidate, whose nomination form was rejected by the Returning Officer of the Chembur Constituency in Mumbai, citing procedural lapses.

Party Can Waive Arbitrator's Ineligibility U/S 12(5) Of Arbitration Act By Express Agreement In Writing: Bombay High Court

Case Title: M/S. Truly Pest Solution Private Limited Vs. Principal Chief Mechanical Engineering

Citation: 2024 LiveLaw (Bom) 583

The Bombay High Court bench of Justice Rajesh S. Patil affirmed that once an ineligibility to act as Arbitrator is waived by an express agreement in writing under proviso to section 12(5) of the Arbitration Act, waiving party is prohibited from claiming ineligibility of the Arbitrator for the first time under section 34 of the Arbitration Act. In this case, the petitioner had waived the ineligibility of the arbitrator by sending a signed letter.

Daughter Has No Inheritance Right In Father's Properties If He Died Before 1956, Leaving Behind Daughter & Her Mother: Bombay High Court

Case Title: Radhabai Shirke vs Keshav Jadhav

Citation: 2024 LiveLaw (Bom) 584

In a significant ruling, the Bombay High Court on Tuesday (November 12) held that a daughter will not have any limited or absolute right of inheritance in the properties of her father, if he has died prior to the enforcement of the Hindu Succession Act, 1956.

A division bench of Justices Atul Chandurkar and Jitendra Jain answered a reference - Whether a daughter could acquire any right, either limited or absolute, by inheritance prior to coming into force of the Hindu Succession Act, 1956 in the property of her deceased father, who died prior to 1956, leaving behind him in addition to such daughter, his widow as well? - made by a single-judge, way back on February 28, 2007.

High Court As Court Of Record Can Recall Or Review Orders Passed U/S 11 Of Arbitration Act: Bombay High Court

Case Title: Shailesh Ranka and others Vs. Windsor Machines Limited and another

Citation: 2024 LiveLaw (Bom) 585

The Bombay High Court bench of Justice Manish Pitale has held that the moment it becomes clear that the power under Section 11(6) of the Arbitration Act is being exercised by the “High Court” and not by an authority in the form of the “Chief Justice or any person or institution designated by him”, there can be no confusion about the fact that as a constitutional court and court of record, this Court can exercise power of review even in the context of order passed under Section 11 of the Arbitration Act.

Single Transaction Of Assignment Of Debt Not 'Commercial Dispute': Bombay HC Imposes Cost Of ₹5 Lakh On Plea For Return Of Plaint In Summary Suit

Case Title: Varanium Cloud Limited And Anr. vs. Rolta Private Limited And Anr.

Citation: 2024 LiveLaw (Bom) 586

The Bombay High Court has observed that a dispute arising out of a singular transaction of assignment of debt cannot be considered a 'commercial dispute' under Section 2(1)(c) of the Commercial Courts Act, 2015.

A single judge Justice Abhay Ahuja was considering Varanium Cloud Ltd's) interim application for return of plaint on the ground that the suit was incorrectly instituted by Rolta Private Ltd as an Ordinary Summary Suit.

Refund Rejection Order Passed Without Hearing Opportunity Violates Rule 92(3) Of CGST Rules, Principles Of Natural Justice: Bombay High Court

Case Title: Credit Agricole CIB Services Private Limited v. Union of India & Ors

Citation: 2024 LiveLaw (Bom) 587

The Bombay High Court stated that refund rejection order passed without hearing opportunity violates rule 92(3) of CGST Rules, 2017 and principles of natural justice.

The Bench of Justices M. S. Sonak and Jitendra Jain observed that “……in any event, proviso to Rule 92(3) of the CGST Rules, 2017, contemplates reasonable opportunity to be heard, implying that such hearing should be after the assessee files the reply within the time prescribed in the show cause notice.”

No Judge Will Decide Cases Based On A Film: Bombay HC On Plea Apprehending "Match Fixing" Movie May Affect Malegaon Blast Case Verdict

Case title: Lt. Col. Prasad Shrikant Purohit vs. NIA & ors.

Citation: 2024 LiveLaw (Bom) 588

The Bombay High Court while clearing the decks for the release of the controversial film 'Match Fixing: The Nation is At Stake', said no judge in India would ever decide a trial on the basis of a movie's plot.

A division bench of Justices Burgess Colabawalla and Somasekhar Sundaresan pulled up one of the petitioners, Lieutenant Colonel (Lt. Col.) Prasad Purohit, for objecting to the movie's release on the grounds that the same may affect the trial concerning the 2008 Malegaon blast and its outcome.

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court

Case title: S v. State of Maharashtra

Citation: 2024 (LiveLaw) Bom 589

In a significant ruling, the Bombay High Court bench at Nagpur recently held that a man even if indulging in consensual sexual intercourse with his wife, who is below the age of 18 years, can be booked for the offence of rape, irrespective of the wife's consent.

Single-judge Justice Govind Sanap while upholding the conviction of a man for raping his minor wife, rejected his argument that the sexual intercourse with the victim was consensual and cannot amount to rape since she was his wife, at the relevant time.

Bombay High Court Objects To Trial Court Quoting 'Mahabharata' To Hand Over Death Sentence To Parents, Son; Commutes Penalty To Life Term

Case Title: State of Maharashtra vs Haribhau Telgote

Citation: 2024 (LiveLaw) Bom 590

The Bombay High Court at Nagpur on Wednesday (November 13) while commuting the death sentence of two men and a woman to life term, objected to the reasoning of the Trial Court, especially for quoting Mahabharata verses.

A division bench of Justices Vinay Joshi and Abhay Mantri took exception to various reasons provided by a Trial Court in Akot City of Akola District, wherein the Trial Judge referred to Mahabharata, highlighted the statistics of murders in past 10 years, one of the convicts being a 'teacher' thus bringing disrepute to the noble profession, etc.

Retention Allowance Forms Part Of Basic Wages For EPF Contributions: Bombay HC

Case Name: Maharashtra State Cooperative Cotton Growers' Marketing Federation Ltd. v. Appellate Tribunal, Employees Provident Fund

Citation: 2024 (LiveLaw) Bom 591

A Single Judge Bench of Justice Anil L. Pansare held that retention allowances paid to seasonal workers must be included in basic wages for PF contributions under the EPF Act, 1952. The court dismissed Maharashtra State Cooperative Cotton Growers' Marketing Federation Ltd.'s petition challenging provident fund contribution demands on retention allowances paid from 1991-92 to 2008.

Bombay High Court Grants Bail To Man Booked For Impregnating 14-Yr-Old Fiancé, Says Their Marriage Was Fixed With 'Good Intent'

Case Title: Satish Kakade vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 592

Observing that 'poverty is the biggest issue in India, the Aurangabad bench of the Bombay High Court last month granted bail to a man booked for raping his minor fiancé on the ground that they were to soon marry since their families had decided to get them married.

Single-judge Justice Sanjay Mehare noted that the present case was a 'genuine' one as it touched the 'societal structure' of the country, wherein people due to poverty usually get their daughters married off at a young age.

Bombay High Court Permits Offering Of Flowers At Shirdi Sai Baba Temple, Says They Should Be Purchased From Farmers & Sold At Reasonable Rates

Case Title: Shri Saibaba Sansthan Shirdi vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 593

The Aurangabad bench of the Bombay High Court on Friday (November 14) while permitting the Shri Saibaba Sansthan, Shirdi to resume the practice of offering flowers to Sai Baba in the temple, directed that flowers must be made available for devotees for offering at a reasonable price.

A division bench of Justices Mangesh Patil and Shailesh Brahme made it clear that the Credit Co-operative Society of the Employees of the Sansthan, will purchase the flowers directly from the farmers and no middlemen must be allowed to intervene the transaction.

Exporter Can't Be Denied Interest On Refund U/S 56 Of CGST Act For Period Of Delay Attributable To Revenue Dept: Bombay High Court

Case Title: Anita Agarwal vs. Union of India

Citation: 2024 (LiveLaw) Bom 594

The Bombay High Court recently clarified that an exporter (Petitioner) is entitled to interest u/s 56 of the CGST Act for the period starting from the expiry of 60 days from the date of filing the shipping bill up to the date of grant of refund, although during the interregnum, the exporter's name was red flagged on the Customs' portal.

The Division Bench of Justice M. S. Sonak and Justice Jitendra Jain observed that “Admittedly, the Petitioner has paid the amount of IGST, which the Respondents have utilized up to the date of grant of refund. Having used the money of the Petitioner, there is no justification for denying interest more so when the delay is attributable to the Respondents”

Bombay High Court Dismisses PIL Challenging ECI's Directive Prohibiting Mobile Phones In Polling Booths

Case title: Ujala Shyambihari Yadav vs. The Election Commission Of India

Citation: 2024 (LiveLaw) Bom 595

The Bombay High Court has refused to provide relief in a Public Interest Litigation (PIL) challenging the directions of the Election Commission of India (ECI) that prohibited voters from carrying mobile phones in the polling booths.

A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar observed that Rule 9A of the IT Rules 2017 do not create any right on the petitioner or anyone else to use DigiLockers to verify identity during voting process.

High Court Denies Permission To Political 'Aspirants' To Contest Maharashtra Polls Due To Conviction For Damaging Public Property

Case Title: Mahesh Khedkar vs State of Maharashtra

Citation: 2024 (LiveLaw) Bom 596

The Bombay High Court recently while refusing to suspend the sentence of three 'aspirants' who sought to contest the upcoming Maharashtra Assembly Elections, noted that though they were 'politically ambitious' on becoming public representatives, but they were punished for damaging public property itself.

Sitting at Aurangabad, single-judge Justice Abhay Waghwase refused to permit three persons - Mahesh Khedkar, Anusayabai Khedkar (son and mother) and Datta Kokate to contest the upcoming assembly elections, by suspending the sentence of five years imprisonment, imposed on them by a Sessions Court in Nanded on April 11, 2023.

Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court

Case Title: Apollo Tyres vs. Union of India

Citation: 2024 (LiveLaw) Bom 597

The Bombay High Court recently clarified that writ courts shall not trench upon an alternate remedy provided by statute (Income tax Act) for granting any relief, by assuming jurisdiction under Article 226 of the Constitution.

Similarly, writ courts shall not act as a court of appeal against the decision of the lower court or Tribunals, to correct errors of fact, observed the Division Bench of Justice M. S. Sonak and Justice Jitendra Jain.

Customs Act | Interest U/S 28AA Is Automatic When There Is A Default Or Delay In Payment Of Duty: Bombay High Court

Case Title: B.V. Jewels vs. Union of India

Citation: 2024 LiveLaw (Bom) 598

The Bombay High Court ruled that the demand for interest u/s 28AA of the Customs Act raised for non-payment of demand, within three months of raising the demand, is properly tenable on the part of the Customs Authority.

The Division Bench of Justice M.S Sonak and Justice Jitendra Jain observed that “since the payment was not made within the time specified in the said demand notice, an order of attachment was passed for failure to make the payment demanded on 18^th Oct 2012 and interest payable u/s 28AA for the period commencing after that date, i.e. after 18th Oct 2012 was demanded”. 

Taxpayers Can't Seek Writ Remedy By Bypassing Statutory Requirements Of Pre-Deposit: Bombay High Court

Case Title: Oberoi Constructions vs. Union of India 

Citation: 2024 LiveLaw (Bom) 599

The Bombay High Court held that circumstances in which the appeals require some percentage of the demanded tax to be pre-deposited, do not render the appellate remedies any less efficacious.

The Division Bench of Justice M S Sonak and Justice Jitendra Jain observed that the practice of instituting petitions bypassing the statutory remedies only to avoid a pre-deposit cannot be encouraged.

Asset Deposited By Corporate Debtor As Security Before CIRP Commencement Continues To Be Asset Of Corporate Debtor: Bombay High Court

Case Title: Siti Networks Ltd. vs. Rajiv Suri

Citation: 2024 LiveLaw (Bom) 600

The Bombay High Court bench of Justices B.P. Colabawalla and Somasekhar Sundaresan has held that monies or any other asset deposited by a corporate debtor in court prior to commencement of CIRP by way of security would continue to be the asset of the corporate debtor.

Young Generation Will Be Destroyed If NDPS Act Is Not Implemented Scrupulously: Bombay High Court

Case Title: Kailas Pawar vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 601

The Bombay High Court recently called for a 'scrupulous' implementation of the provisions of the Narcotics Drugs and Psychotropic Substances Act (NDPS) as its failure may result in the rampant use of drugs, which will not only destroy the edifice of our society but also the younger generation, which is the future of the country.

Sitting at Nagpur, single-judge Justice Govind Sanap while hearing a criminal appeal against conviction of two men under the NDPS for possessing 39 kilograms of Ganja.

Citizens' Complaints Against Police Often Taken Lightly: Bombay HC Grants ₹1 Lakh Compensation To Woman For Husband's Illegal Arrest

Case title: Ratna Vannam vs. State

Citation: 2024 LiveLaw (Bom) 602

Complaints filed by citizens against wrong doings of the police officers are often taken lightly and the citizens are not believed at all, the Bombay High Court recently observed while noting that an order was passed in August 2013, directing the higher-ups of the Maharashtra Police not to resort to preliminary enquiry against police officers, who arrest people named in the nature of cases which do not permit detention or custody of the accused.

The division bench of Justices Bharati Dangre and Manjusha Deshpande noted that in the instant case, the husband of the petitioner - Ratna Vannam, was 'illegally arrested' way back in September 2012 on a non-cognizable (NC) filed by a neighbour alleging illegal construction of the petitioner's house in Mumbai's Sion area. The bench has ordered Rs 1 lakh compensation to the petitioner for her husband's illegal custody.

Link MahaRERA Portal To Website Of Civic Bodies: Bombay High Court Issues Directions To Ensure Transparency, Safeguard Homebuyers

Case title: Sandeep Pandurang Patil vs. State of Maharashtra & ors.

Citation: 2024 LiveLaw (Bom) 603

With a view to safeguard the interest of homebuyers, the Bombay High Court has issued certain guidelines to the State government, Maharashtra Real Estate Regulatory Authority and municipal authorities to ensure transparency and accountability in real estate project registrations.

The guidelines issued by a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar include the integration of the websites of the planning authorities with that of the Maharashtra Real Estate Regulatory Authority (MahaRERA) and the verification of all commencement certificates during project registration.

Appeal Can't Be Dismissed Due To Non-Payment Of Pre-Deposit If Department's Portal Acknowledges Compliance: Bombay High Court

Case Title: Delphi World Money vs. Union of India

Citation: 2024 LiveLaw (Bom) 604

Observing that provisional acknowledgement automatically generated on Department portal shows that the requisite pre-deposit has been made, the Bombay High Court held that the Assessee had duly complied with the necessary pre-deposit required u/s 107(6) of the CGST Act.

The Division Bench of Justice M.S Sonak and Justice Jitendra Jain observed that in a similar matter in Bytedance (India) Technology Pvt Ltd vs. UOI [W.P (L) No.23724 of 2024], it was held by this court that “On the amount of pre-deposit, there is enough evidence annexed to the petition that the sum has been deposited and even the receipt is annexed to the petition. Therefore, to say that there is no pre-deposit in the impugned order is incorrect”.

Bombay HC Nixes Order Granting Company, Which Had Not Denied Its Outstanding Dues, Unconditional Leave To Defend In Summary Suit

Case title: M/s. Mobile Arts S.A.L. vs. M/s. Mauj Mobile Private Ltd.

Citation: 2024 LiveLaw (Bom) 605

In a plea challenging the dismissal of summons to judgment in a commercial summary suit, the Bombay High Court set aside a trial court's order granting a company unconditional leave to defend itself, while noting that the company had not denied the existence of outstanding dues owed for the services rendered by the other party.

In such a case, Justice Milind N Jadhav said, the company should not have been granted any opportunity to defend the suit proceedings by the trial court.

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Case title: Esjaypee Impex vs. Union of India

Citation: 2024 LiveLaw (Bom) 606

The Bombay High Court ruled that when the Revenue Dept. did not allege any malice on the part of Assessee in the context of disposal of the proceedings, then inaction on the part of Adjudicating Authority to dispose of the proceedings cannot be attributed to Assessees.

Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice the petitioners.

Department Can't Deny Grant For Waiver Of Interest U/S 234C Of IT Act Without Disposing Of Issues Flagged By Taxpayer: Bombay High Court

Case Title: Grasim Industries vs. Chief Commissioner of Income Tax

Citation: 2024 LiveLaw (Bom) 607

The Bombay High Court recently clarified that the Chief Commissioner of Income Tax ought to have addressed the issues/justification as flagged by the taxpayer in supporting its case for grant of waiver of interest u/s 234C.

Such approach of Chief Commissioner of Income Tax would show non-application of mind to the material contentions raised by the petitioner/ assessee, said the Division Bench of Justice G.S Kulkarni and Justice Advait M. Sethna.

There Is A 'Built-In' Assurance In Rape Cases That Charge Levelled Is Genuine & Not Fabricated: Bombay High Court

Case Title: Aman Tagade vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 608

The Nagpur bench of the Bombay High Court recently while upholding the conviction of a man for committing rape on a minor girl, said usually neither the girl nor her family would indulge their daughter's name even for settling scores and that in such cases, there is a 'built-in' assurance that the victim is levelling 'genuine' charges.

Single-judge Justice Govind Sanap upheld the conviction of a boy, who at the time of the incident was 17 years and 9 months old but was tried as an adult after the Trial Court was satisfied that he had the mental and physical capacity to commit the crime and even understand the consequences.

Lawyer Cannot Be Booked For Asking On-Duty CBI Officers For Their Identity Cards: Bombay High Court

Case Title: Gobindram Talreja vs State of Maharashtra

Mohd. Ahmed Shafique Khan vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 609

An advocate cannot be booked for 'obstructing' a government servant (CBI Officers) from discharging his duty, just because he asks a team of CBI officers, conducting raid/search operations, to show their Identity Cards (ID), the Bombay High Court held on Thursday (November 21).

Single-judge Justice Milind Jadhav discharged two advocates and a law intern (then), who were booked in 2007 for obstructing CBI officers from conducting search operations at the premises of one of their clients in Mumbai.

Adversely Impacts Economy: Bombay High Court Denies Anticipatory Bail To Man Booked For Stealing 13K Litres Of Petrol

Case Title: Mohd. Ahmed Shafique Khan vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 610

Observing that stealing petroleum-based fuels adversely affects the country's economy, the Bombay High Court recently refused to grant pre-arrest bail to a man, booked for stealing 13,000 litres of petrol worth Rs 13.90 lakhs.

Single-judge Justice Rajesh Laddha noted that the applicant Mohd. Ahmed Shafique Khan, a businessman, was the linchpin of the crime in question.

Worli Hit-n-Run Case: Bombay High Court Dismisses Plea Seeking Declaration That Arrest Was Illegal

Case title: Mihir Shah vs. State

Citation: 2024 LiveLaw (Bom) 611

In a setback for the accused in the infamous Worli Hit-n-Run Case, the Bombay High Court today dismissed the petitions filed by prime accused Mihir Shah and his driver Rajrishi Bindawat, both challenging their arrests on the basis that they weren't served with the "grounds of arrest" in written format, as mandated by the Supreme Court.

A division bench of Justices Bharati Dangre and Manjusha Deshpande dismissed the pleas.

Bombay High Court Takes Cognizance Of Civic Officer, Advocate Abusing And Assaulting Court Peon, However Accepts Their "Unconditional Apologies"

Case title: High Court of Judicature at Bombay on its Own Motion vs. Mayur Gulabrao Patil & anr.

Citation: 2024 LiveLaw (Bom) 612

The Bombay High Court recently took suo motu cognizance of an "unfortunate incident" which took place in the Court premises, wherein an advocate and an official of the Nashik Municipal Corporation (NMC) abused a court peon in a filthy language after they were asked to maintain silence.

A division bench of Justices Ajay Gadkari and Kamal Khata was disturbed to take note of the incident and therefore, asked its peon Atul Tayade to lodge a criminal case against advocate Dinesh Kadam and NMC's Deputy Municipal Commissioner Mayur Patil, for abusing him and threatening to get him removed from his job.

Initiating Proceedings For Recovery Of Duty Under Customs Act After 'Inordinate Delay' Of 26 Yrs Is Unreasonable: Bombay High Court

Case title: Mahindra and Mahindra Ltd. vs. Union of India & ors. 

Citation: 2024 LiveLaw (Bom) 613

While quashing a notice issued under the Customs Act, the Bombay High Court noted that the proceedings were initiated for recovery of duty foregone after a delay of 26 years, adding that such a prolonged delay in initiating the proceedings cannot be considered 'reasonable'.

In doing so a division bench of Justice M. S. Sonak and Justice Jitendra Jain said that even on a reading of the Act, a reasonable period would certainly not be 26 years even in a case where a bond has been executed. The court further said that "not even an attempt" was made by the custom authorities to "explain this inordinate delay"

Court Cannot Go Into Merits While Enforcing Foreign Award U/S 48 Of Arbitration Act: Bombay High Court

Case Title: Neilan International Co Ltd vs Powerica Ltd

Citation: 2024 LiveLaw (Bom) 614

The Bombay High Court bench of Justice Arif S Doctor has held that jurisdiction of enforcement court under section 48 of the Arbitration is very limited and while enforcing the award the court cannot go into the merits of the case.

Delivering Child In Jail Will Certainly Impact Both Mother And Child: Bombay High Court Grants Bail To Pregnant Prisoner

Case Title: SS vs State of Maharashtra 

Citation: 2024 LiveLaw (Bom) 615

The Nagpur bench of the Bombay High Court on Wednesday (November 27) granted six months bail to a pregnant prisoner for her delivery, observing that delivering the child in the jail atmosphere would certainly impact not only the mother but also the child.

Single-judge Justice Urmila Joshi-Phalke granted bail to a woman booked under the stringent Narcotics Drugs and Psychotropic Substances (NDPS) Act.

S.9 Application Not Appropriate For Relief Against Non-Signatory When There Is No Dispute Between Parties To Be Referred To Arbitration: Bombay HC

Case Title: Gulshan Townplanners LLP v. Gulshan Co-operative Housing Society Limited & Anr.

Citation: 2024 LiveLaw (Bom) 616

The Bombay High Court bench of Justice Arif S. Doctor has held that Section 9 of the A&C Act is not the correct mechanism to obtain relief against an entity when the privity of contract is absent between.

Other orders/Observations:

Teachers Of Private Engineering College Move Bombay High Court Against Poll Duties

Around 90 teachers of a city-based private engineering college have moved the Bombay High Court against their requisition by the Election Commission of India (ECI) for performing poll duties during and before the upcoming Maharashtra Legislative Assembly Elections.

The petitioner teachers, have taken exception to various communications pertinently the one issued by the ECI on October 16, asking the Thadomal Shahani Engineering College in the western suburbs of Khar, to send their employees, especially teachers for poll duties.

Bombay High Court Questions ECI's Decision To Reject Nomination Papers Of Candidates Across State For Being Filed After 11 AM

The Bombay High Court on Monday sought to know from the Election Commission of India (ECI) as to on what grounds it rejected the nominations of various candidates across Maharashtra, who filed their papers after 11 AM of October 30 for the upcoming State Assembly Elections.

A vacation bench of Justices Arif Doctor and Somasekhar Sundaresan also ordered the ECI to furnish a list of candidates' across the State, whose nominations were rejected for filing their papers after 11 AM.

Maharashtra Lokayukta Calls For Report Over Alleged Illegal Allotment Of Land Parcel To BJP State Chief Chandrashekhar Bawankule

The Lokayukta of Maharashtra recently took cognisance of a complaint lodged against the allocation of 5 hectares of land parcel in Nagpur to Shri Mahalakshmi Jagdamba Sansthan, a trust headed by Chandrashekhar Bawankule, the State Chief of Bharatiya Janata Party (BJP).

'Match Fixing' Film Perpetuates Negative Stereotypes Against Muslims, Aggravates Tensions Between Communities: Plea In Bombay High Court

The Bombay High Court is likely to hear a plea seeking a stay on the release of the controversial film "Match Fixing - The Nation Is At Stake" which is based on the 2008 Malegaon Blast Case, as it perpetuates negative stereotypes against Muslims.

The petition seeks a stay on the film's release on the ground that the Trailer of the film itself contains several 'baseless and false' stereotypes depicting Muslims as perpetrators of violence and promoting hatred against the country.

Entire Mumbai Has Been Encroached By Hawkers, State Cannot Express Helplessness: High Court Pulls Up State Govt, Mumbai Police

The Bombay High Court while pulling up the Maharashtra government, Mumbai Police and also the Brihanmumbai Municipal Corporation (BMC), observed that the there is not a single lane in entire Mumbai which is free from hawkers.

A division bench of Justices Ajay Gadkari and Kamal Khata said the entire city is encroached by illegal hawkers thereby making it difficult for the citizens to walk freely on the streets.

Bombay High Court Issues Interim Injunction Against Trademark & Copyright Infringement Of 'CAMPA' Soft Drinks By “Jhampa”

The Bombay High Court has issued a temporary injunction against trademark and copyright infringement 'CAMPA' beverages, owned by Reliance Retail Ltd.

A single judge bench of Justice R.I. Chagla opined that prima facie CAMPA products have acquired immense goodwill and reputation. The Court noted that the JHAMPA mark is deceptively similar to Reliance's CAMPA trademark in visuals, phonetics and structure.

Bombay HC Restrains Sports Authority Of India From Using Unlicensed Songs Of Phonograhic Performance Ltd At 'Horn Okay Please' Food Festival

In what could spell trouble for Delhi's popular food festival - 'Horn Ok Please', the Bombay High Court in an interim order on Tuesday (November 12) restrained the Sports Authority of India (SAI) from playing songs or music owned by the Phonograhic Performance Limited (PPL) without obtaining prior licence.

A single bench of Justice Riyaz Chagla noted that the SAI has previously infringed the rights of the PPL by playing its recordings without obtaining licence.

PIL In Bombay High Court Challenges Temporary Appointment Of DGP Till Completion Of State Assembly Elections

A Public Interest Litigation (PIL) has been filed in the Bombay High Court challenging the State government's order appointing the Director General of Police, Maharashtra, on a temporary basis till the completion of State Assembly Elections 2024. The petitioner, Pratul Ramchandra Bhadale, an advocate, challenges the State government's order dated 05 November 2024, in which Sanjay Kumar Verma was appointed as DGP for a temporary period.

The petitioner relies on the directions issued by Election Commission of India (ECI) on 05 November 2024, which mandated the appointment of Verma as DGP without any conditions on the appointment being temporary or ad-hoc.

Crackdown On Any Attempts To Install Illegal Hoardings After Election Results: Bombay High Court To State, Heads Of Police

The Bombay High Court has directed the State government, District heads of police and Director General of Police to be 'vigilant' against illegal hoardings after the declaration of State assembly elections and take action against any attempts to erect illegal hoardings and banners by political parties and its supporters.

A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar also directed the DGP to instruct the police heads to provide the necessary police force to assist the municipal bodies in curbing the menace of illegal hoardings after election results.

Bombay High Court Issues Interim Injunction Against 'DESIMOCHI' Over Trademark Infringement Of Metro Footwear's 'MOCHI'

The Bombay High Court has issued a temporary injunction in favour of the popular footwear brand Metro Brands Limited, against trademark infringement of its 'MOCHI' marks.

Justice R.I. Chagla noted that as the defendant's mark contains the entirety of Metro's 'MOCHI' mark, it would be estopped from contending that Metro's mark is generic, descriptive or common to the trade.