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Bombay High Court Weekly Round-Up:...

Bombay High Court Weekly Round-Up: September 30 – October 6, 2024

Sanjana Dadmi

7 Oct 2024 1:15 PM IST

Tenant Cannot Escape Eviction U/S 12(3)(a) Of Bombay Rent Act In Absence Of Any Valid Dispute About Rent Amount Or Increases: High Court

Case title: Sudhir Kumar Sengupta vs. Kusum Pandurang Keni

Citation: 2024 LiveLaw (Bom) 498

The Bombay High Court has observed that in the absence of any dispute by a tenant about the amount of standard rent or permitted increases, the tenant cannot escape eviction under Section 12(3)(a) of the Bombay Rent Act if the rent has not been paid within the specified time.

A single judge bench of Justice Sandeep V. Marne further observed that a Trial Court cannot look into the issue of 'readiness and willingness to pay rent' of the tenant, if there is no dispute about the amount of rent payable.

Accused Not Entitled To Default Bail Just Because Court Failed To Conclude Trial Within 60 Days: Bombay High Court

Case Ttile: Latabai Jadhav vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 499

The Bombay High Court recently held that a person is not entitled to default bail just on the ground that the trial in the case is not completed within 60 days as prescribed under section 437 (6) of the Criminal Procedure Code (CrPC).

Sitting at Aurangabad bench, single-judge Justice Sanjay Mehare refused to grant bail to a woman booked in a fraud and criminal conspiracy case.

'Quite Close To Cannibalism' Bombay High Court Upholds Death Sentence Of Man For Killing His Mother, Eating Her Organs

Case Title: State of Maharashtra vs Sunil Kuchkoravi

Citation: 2024 LiveLaw (Bom) 500

The Bombay High Court upheld the death sentence awarded to a man, who brutally killed his own mother and later ate her organs.

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan stated that, after detailing the manner in which the convict killed his mother, eviscerated her organs and was about to 'cook' some of them by applying salt and chilly powder, said that his conduct indicated "pathological cannibalism." "The act of the convict was quite close to cannibalism," the judges said.

Further, the judges expressed shock over the defence of the convict that since he was habitual to consume flesh of cats and pigs, therefore, perhaps he might have committed the said offence.

Section 14 Of Limitation Act Applicable To Proceedings Under Section 34 Of Arbitration Act: Bombay High Court Reiterates

Case Title: Kisan Moulding Limited v. Micro and Small Enterprises Facilitation Council (MSEFC) Konkan Thane & Anr.

Citation: 2024 LiveLaw (Bom) 501

The Bombay High Court has held that Section 14 of the Limitation Act, which excludes time consumed in a proceeding initiated before a Court not having the jurisdiction, applies to proceedings under Section 34 of the Arbitration Act.

The bench of Justice R.I. Chagla excluded 272 days spent in prosecuting a recall application of the arbitral award before the MSME Council. The court observed that a party prosecuting its case in good faith and due diligence, and the prior proceedings were riddled with defect of jurisdiction would get the benefit of Section 14 of the Limitation Act and the time consumed in such proceedings would stand excluded from the purview of limitation.

Appellate Court Can Direct Licensee To Pay Compensation Higher Than Contractual Rent During Pendency Of Appeal: Bombay High Court

Case title: Safset Agencies Private Ltd.vs. Riddhi Rahul Kumar Gosalia & Ors.

Citation: 2024 LiveLaw (Bom) 502

The Bombay High Court has observed in the case of license agreements, it is permissible for an Appellate Court to direct the licensee to pay interim compensation to the licensor that is higher than the contractual damages/compensation agreed by the parties, during the pendency of an appeal.

A single judge bench of Justice Sandeep V. Marne further observed that the Appellate Court is empowered to direct the licensee to deposit such compensation or fair market rent determined by it as a precondition for grant of stay of eviction under Order 41 Rule 5 of CPC.

Other orders/Observations:

Kangana Ranaut Has Agreed To Cuts Suggested By Revising Committee: CBFC Informs Bombay High Court On Emergency Film's Release

The Central Board for Film Certification (CBFC) on Monday informed the Bombay High Court that Kangana Ranaut, the producer and lead actor in the controversial film "Emergency", has agreed to the cuts/changes as suggested by the Censor Board's revising committee.

A division bench of Justices Burgess Colabawalla and Firdosh Pooniwalla has been hearing a petition filed by Zee Studios, the co-producer of the film, seeking certificate for the film's release.

Will Issue Guidelines To Ensure No Individual Is Interrogated Overnight: Central Govt Tells Bombay High Court

The Bombay High Court was recently informed that the Central government is taking steps to ensure that no individual is detained overnight only for the purpose of interrogation.

A division bench of Justices Revait Mohite-Dere and Prithviraj Chavan took the statement on record and ordered the Central government to place its guidelines, if any, before it on the next date of hearing.

Badlapur Sexual Assault: Bombay High Court Rejects Pre-Arrest Plea Of School Chairman And Secretary; Raps Police For Not Arresting Them

The Bombay High Court on Tuesday rejected the anticipatory bail applications filed by the chairman and secretary of the school in Badlapur where the two minor girls, studying in kindergarten were sexually assaulted by a sweeper in the toilet.

Single-judge Justice Rajesh Laddha noted that the Protection Of Children from Sexual Offences (POCSO) Act was enacted to safeguard children from sexual crimes and thus opined that the interests of the children need to be prioritised over the interests of the perpetrators.

Study Finds Micro Polythene In Fishes: Bombay High Court Takes Suo-Moto Cognizance Of Garbage Pollution On Mumbai Seashores

The Bombay High Court has taken suo-moto cognizance of the garbage pollution on the seashore in Mumbai, on account of microplastics.

A Division Bench of Devendra Kumar Upadhyaya and Justice M.M Sathay took note of a report from a leading daily newspaper, which disclosed the presence of micro polythene in marine fishes. The report was based on a study conducted by the Central Institute of Fisheries Research.

Issues Have Been Worked Out For Release Of Movie: Makers Of 'Emergency' Film Tell Bombay High Court

The Bombay High Court was on Friday informed that the makers of the controversial film Emergency have "worked out" the issue with regards to the cuts and edits to be made so that it can be released for public viewing.

A division bench of Justices Burgess Colabawalla and Firdosh Pooniwalla was informed that after communications between the Central Board of Film Certification (CBFC), Zee Studios and Manikarnika Films Productions (owned by Kangana Ranaut), the issue has been worked out.

In 31 Months, Three Out Of Four Bombay HC Benches Recuse From Hearing Plea To Clear Father Stan Swamy's Name From Bhima-Koregaon Case

Last month, Bombay High Court judge Justice Revati Mohite-Dere recused from hearing a plea filed in December 2021 by the next of kin of Father Stan Swamy, who sought clearing the now deceased (Swamy's) name from the Bhima-Koregaon case.

The plea filed by Father Fraser Mascarenhas, the former principal of Xavier's College in Mumbai, recently came up for hearing before a bench of Justices Mohite-Dere and Prithviraj Chavan.