Bombay HC Restores IMAX's Enforcement Of Foreign Awards Against E-City, Holds Res Judicata Bars Re-Agitation Of Limitation At Later Stage

The Bombay High Court has recently restored enforcement proceedings initiated by IMAX Corporation for execution of foreign arbitral awards against E-City Entertainment (I) Pvt Ltd for breach of contractual obligations, holding that the doctrine of res judicata applies even between different stages of the same enforcement petition. The court said it cannot revisit an objection...

Buyer Cannot Reject Goods After Putting Them To Use: Bombay High Court Upholds Arbitral Award Against Godrej & Boyce Manufacturing

The Bombay High Court dismissed a petition under section 34 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act"), holding that once goods are put to use by the buyer, such conduct amounts to deemed acceptance under section 42 of the Sale of Goods Act, 1930 ("SOGA"), the buyer cannot later reject the goods on the ground of alleged defects. A claim for damages can be filed...

Bombay High Court Holds Emergency Hearing From CJ's Residence After Court Staff Asked To Perform Election Duty

On Tuesday late evening, the Bombay High Court held an "emergency" hearing at the residence of the Chief Justice after it was informed about the Brihanmumbai Municipal Corporation (BMC) Commissioner issuing a communication to the staff of the city's subordinate courts directing them to report for "election duty" on December 30 for 2 hours in the evening.May it be noted that the High Court...

Bombay High Court Quashes ₹1.26 Crore Arbitral Award Over Unilateral Appointment Of Arbitrator

The Bombay High Court recently set aside a ₹1.26 crore arbitral award made in favor of Madhuban Motors Pvt. Ltd. on the grounds that the lender unilaterally appointed the sole arbitrator, violating Section 12(5) of the Arbitration and Conciliation Act, 1996. Ruling that participation in arbitral proceedings cannot remedy an ineligible appointment, the Bench comprising of Justice Sandeep...

Bombay High Court Sets Aside Arbitral Award Against Investors, Says Participation In Regulatory Proceedings Is Not “Forum Shopping”

The Bombay High Court recently set aside an arbitral decision that had rejected investors' claims against Central Depository Services (India) Limited (CDSL), on the grounds of alleged forum shopping, by declaring that involvement in regulatory proceedings does not bar independent arbitration remedies. Allowing a petition under Section 34 of the Arbitration and Conciliation Act, 1996,...

Bombay High Court Annual Digest 2025: Part I [Citations 1 - 200]

Will Not Monitor Trial In Govind Pansare Murder Case: Says Bombay High Court, Orders Daily Hearing In The MatterCase Title: Smita Pansare vs State of MaharashtraCitation: 2025 (LiveLaw) Bom 1The Bombay High Court on Thursday (January 2) said it will not continue to monitor the trial in the murder case of communist party of India (CPI) leader Govind Pansare, who was allegedly shot down...

Bombay High Court Refers To Larger Bench Question On Applicability Of RDB Act To Recovery Proceedings By State Co-operative Banks

The Bombay High Court has referred for consideration by a larger Bench the question of whether recovery proceedings initiated by State Co-operative Banks are governed by the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDB Act), and whether the jurisdiction of Co-operative Courts under Section 91 of the Maharashtra Co-operative Societies Act, 1960 stands excluded in...

State's Duty To Inform Farmers Of Right To Seek Enhancement Of Compensation In Lieu Of Land Acquisition: Bombay High Court

The Bombay High Court has held that applications seeking redetermination of compensation under Section 28-A of the Land Acquisition Act, 1894, cannot be rejected on hyper-technical grounds such as non-filing of a certified copy. The Court observed that Section 28-A is a beneficial provision enacted to remove inequality in compensation among landholders and must be interpreted liberally to...

Bombay High Court Upholds 18% Interest Levy On Delayed VAT Payment, Says Interest Levied Automatically Once Payment Is Delayed

The Bombay High Court at Goa has dismissed a writ petition filed by United Spirits Ltd. challenging the levy of interest on delayed payment of VAT on sales of Extra Neutral Alcohol (ENA), Rectified Spirit (RS) and High Bouquet Spirit (HBS) for the financial year 2019–20. A Division Bench of Justices Bharati Dangre and Ashish S. Chavan held that interest under Section 25(4) of the...

'Stamp Duty Cannot Be Charged On Lease Agreement By Imputing Intention To Create Lease In Future': Bombay High Court

The Bombay High Court has held that stamp duty cannot be levied on an agreement to lease by imputing an intention to create a lease in future, when the document does not effect a present demise of the property. The Court observed that an agreement to lease, which merely confers a licence to enter upon land for a limited purpose pending fulfilment of stipulated conditions, does not create...

'Denial Of Permanency To HIV Positive Employee Violates Articles 14 & 16 Of Constitution': Bombay High Court

The Bombay High Court has held that denial of permanency to a workman solely on the ground that he is HIV positive is arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India. The Court observed that when a workman continues to discharge the same duties as his co-workers without any impediment, his HIV status cannot be used as a ground to deny him the benefit...

Can't Portray Women In Fashion Which Affects Their Privacy: Bombay High Court Orders Removal Of Shilpa Shetty's Unauthorised Photos, Videos

Observing that no person, especially a woman can be portrayed in a fashion which affects their right to privacy and right to live with dignity under Article 21 of the Constitution of India, the Bombay High Court on Friday ordered the Union Ministry of Electronics and Information Technology (MeitY) to pull down all the photos and videos of Bollywood actress Shilpa Shetty from various websites...