Bombay High Court
Intimate Relationship Between Adults Does Not Justify Sexual Assault On Partner: Bombay High Court While Refusing To Quash Rape Case
“A relationship between two adult individuals does not justify sexual assault by one on his partner”, the Bombay High Court observed while refusing to quash a rape case filed by a woman against her boyfriend.A division bench of Justice AS Gadkari and Justice Dr. Neela Gokhale dismissed a petition seeking the quashing of an FIR and the subsequent charge sheet filed against the...
Discrepancies Between Dates Of Creation And Signing Assessment Order; Bombay High Court Quashes MVAT Order Passed Beyond 4 Years
The Bombay High Court, while noting the discrepancies between the dates of creation and signing of the assessment order, quashed the Maharashtra Value Added Tax Act (MVAT) Order, which was passed beyond the limitation period of 4 years.The bench of Justice K.R. Shriram and Justice Jitendra Jain has observed that the return related to 1st April 2015 to 31st March 2016 and, therefore, a...
Banning Hijab On College Campus Is In Larger Academic Interest, To Avoid Disclosure Of Religion: Bombay High Court While Dismissing Students' Plea
The Bombay High Court on Wednesday observed that the dress code prohibiting students from wearing hijab, nakab, burka, stole, cap etc. on the campus of a Mumbai college is in students' larger academic interest.A division bench of Justice AS Chandurkar and Justice Rajesh S Patil while dismissing a writ petition against the dress code by nine female students NG Acharya and D. K. Marathe College...
Robust System Needed To Prevent Deaths Of Mumbai Local Train Commuters: Bombay High Court
Calling upon the railways to address the alarming number of deaths (5 to 7 per day) occurring on the Mumbai Suburban railway system, the Bombay High Court today said that it may establish a committee of experts to conduct a high-level study on the matter.The court also requested Additional Solicitor General Devang Vyas to assist in the matter on behalf of the Union of India - Railways. A...
Bombay High Court Weekly Round-Up: June 17 To June 22, 2024
Nominal Index [Citation 293 - 310]Glenmark Pharmaceuticals Ltd. v. Gleck Pharma (OPC) Pvt. Ltd. & Ors. 2024 LiveLaw (Bom) 293Pidilite Industries Limited v. Astral Limited 2024 LiveLaw (Bom) 294Saket Abhiraj Jha v. State of Maharashtra & Anr. 2024 LiveLaw (Bom) 295Sarwan Kumar Jhabarmal Choudhary v. Sachin Shyamsundar Begrajka 2024 LiveLaw (Bom) 296Chemco Plast Applicant/Defendant In...
Breaking | Bombay High Court Dismisses Plea Against Hijab Ban By Mumbai's NG Acharya & DK Marathe College Authorities
The Bombay High Court on Wednesday dismissed the plea filed by nine female students challenging the dress code prescribed by the authorities of a Mumbai college, prohibiting students from wearing hijab, nakab, burkha, stole, cap, etc., on campus.A division bench of Justice AS Chandurkar and Justice Rajesh Patil said in open Court, "For the aforesaid reasons, we are not inclined to interfere."...
Bombay High Court Summons Patanjali Director In Trademark Infringement Case
The Bombay High Court has directed Patanjali Ayurveda director Rajnish Mishra to appear before it in connection with trademark infringement case filed by Mangalam Organics alleging that Patanjali infringed on packaging and trade dress of its camphor product.Justice RI Chagla was dealing with a contempt application by Mangalam Organics Ltd. against Patanjali Ayurved Ltd. and others for...
Bombay High Court Orders Release Of Minor Accused In Pune Porsche Car Accident Case
The Bombay High Court today ordered the release of the minor accused in the Pune Porsche accident case into the care and custody of his paternal aunt. A division bench of Justice Bharati Dangre and Justice Manjusha Deshpande allowed a habeas corpus writ petition filed by the paternal aunt of the minor accused, who is currently in an observation home, seeking his release. The court declared...
Jurisdiction of High Courts Under Section 37 Of Arbitration Act Is Limited To Arbitrary, Capricious And Perverse Orders: Bombay High Court
The Bombay High Court division bench of Justice A.S. Chandurkar and Justice Rajesh S. Patil held that the appellate jurisdiction under Section 37 of the Arbitration Act is limited to cases where the lower court's order was arbitrary, capricious, perverse, or ignored settled legal principles on interlocutory injunctions. Section 37 of the Arbitration Act allows appeals against...
Prima Facie No Sexual Intent: Bombay High Court Grants Bail To POCSO Accused Booked For Recording Unnatural Offence With Minor Boys
The Bombay High Court recently granted bail to a man booked for allegedly stripping three teenagers, inserting fingers in the anus, abusing them and assaulting them with a leather belt.Justice Anil S Kilor allowed the bail application of one Kapil Suresh Taak observing,“After going through the FIR and the allegations made in the FIR against the Applicant coupled with the material...
Even If Case Doesn't Fall Under Section 36(3) Second Proviso, Court Can Consider Whether To Grant Unconditional Stay: Bombay High Court
The Bombay High Court bench of Justice Firdosh P. Pooniwalla has held that even in a case which does not fall under the second proviso of the Section 36(3), by relying on the first proviso, the Court can consider whether to grant unconditional stay of the award or not. Section 36 of the Arbitration and Conciliation Act, 1996 deals with the enforcement of arbitral awards. It outlines...