Bombay High Court
"Painful To Stay In Indian Jails": Bombay HC Directs Complainant To Pay Rs 4.2 Lakhs Compensation To Man Wrongly Jailed At His Instance
Observing that it is most painful to stay in the overcrowded jails in India, the Bombay High Court recently while granting bail to a man 'wrongly' made an accused, ordered the complainant to pay Rs 4,20,000 to him for curtailing his freedom and for loss of his income.Single-judge Justice Sanjay Mehare, sitting at Aurangabad bench, noted that the petitioner, a labourer, was in jail from February 7, 2024 as the complainant wrongly identified him as one of the assailants, who assaulted him and...
"Possible That Daughter Implicated Father In False Rape Case Due To Matrimonial Dispute Between Parents": Bombay High Court Grants Bail To Man
The Bombay High Court on Tuesday (October 15) while granting bail to a man, booked for allegedly sexually assaulting his own minor daughter, observed that there is every possibility of the daughter implicating her father in a false case at the behest of her mother, since the parents have locked horns in a separate matrimonial dispute.Single-judge Justice Manish Pitale noted the pending matrimonial dispute between the applicant and his wife, which the judge said assumed significance."The...
Scope Of Examination By Referral Court U/S 11 Of Arbitration Act Is Limited, Substantive Issues To Be Dealt With By Tribunal: Bombay High Court
The Bombay High Court Bench of Justice Firdosh P. Pooniwalla held that the scope of examination under section 11 (6A) of the Arbitration and Conciliation Act should be confined to the existence of an arbitration agreement on the basis of Section 7 of the Act. Similarly, the validity of an arbitration agreement, in view of Section 7 of the Act, should be restricted to the requirement...
No Privity Of Contract: Bombay HC Rejects 31.77 Million USD Appeal By Insurance Companies Against Company Providing Airport Handling Services
The Nagpur Bench of Bombay High has dismissed a Commercial appeal filed by insurance companies for recovery of an amount of 31.77 million US Dollars against a company providing airport handling services, on the ground that that there was no privity of contract between the parties.A division bench of Justice Bharati Dangre and Jusitce Abhay J. Mantri was considering the appellants' challenge to the order of Commercial Court, which returned the plaint filed by them, The Commercial Court found that...
S.27A Customs Act | Interest On Delayed Refund Is Payable After Three Months Of Date Of Refund Application, Not From Date Of Order: Bombay HC
Pointing that the Department has delayed the refund on customs duty that was due & payable to assessee for almost ten years, the Bombay High Court ruled that such action of Department in avoiding the payment of interest on delayed refund by raising frivolous pleas, cannot be sustained. Referring to Supreme Court decision in Union of India Vs. Hamdard (Waqf) Laboratories [AIR 2016...
S. 295 IPC | Throwing Earth Material, Stones On Grave While Digging Land Doesn't Damage It, No Religious Sentiments Are Hurt: Bombay High Court
The Bombay High Court while quashing a First Information Report (FIR) lodged against a businessman under section 295 of the Indian Penal Code (IPC) held that mere throwing of earth material (soil, rocks etc) and stones on a grave while carrying out a digging work nearby it, would not amount to damaging, destroying or defiling the grave to hurt the religious sentiments.Sitting at Aurangabad,...
Development Activities Needed To Generate Funds: Bombay High Court Says Wadia Trust Empowered To Develop Lands To Fund Charitable Activities
In relation to an opinion sought by a Public Trust, the Bombay High Court has observed that the Trust is empowered to undertake development activities on its land either singly or through a joint venture for executing the Slum Rehabilitation Scheme, in order to generate revenue for its charitable activities.Background A single judge bench of Justice Abhay Ahuja was considering the...
Bombay High Court Quashes FIR Against Man Booked For Insulting Woman's Modesty By 'Moving His Hands Over Nude Lady-Shaped Paperweight'
The Bombay High Court recently quashed a First Information Report (FIR) lodged against a Superintendent Engineer of the Maharashtra State Electricity Distribution Company Limited (MSEDCL), who was booked for insulting the modesty of a female employee by moving his hands over a paperweight, which the complainant said depicted the shape of a 'nude lady.'A division bench of Justices Vibha...
Bombay High Court Asks Centre To File Affidavit On Whether It Has Taken Any Decision To Ban Plastic Flowers
The Bombay High Court has asked the Union of India to file an affidavit on whether it considered the recommendations made by the Central Pollution Control Board (CPCB) for the inclusion of plastic flowers in the list of banned single-use plastics.A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar was hearing a petition filed by the Association of Natural...
Taxpayer Can't Be Denied ITC For Merely Filing GST Form Manually If Functionality Issues Are Attributable To Dept: Bombay High Court
Recently, an issue cropped up, where it was emphasized that technicalities created by the Department and not the taxpayer, should not be put forth by the department to defeat the statutory rights and entitlement of the taxpayers.The Bombay High Court ruled that concerned Revenue officials (Respondent) cannot deny the benefits of accrued ITC (input tax credit) to the assessee (Petitioner)...
Bombay High Court Holds Redevelopment Rights of Society Not Part Of Moratorium Process; Issues Writ Of Mandamus For Redevelopment, Upholding Right to Shelter
The Bombay High Court division bench of Justices Kamal Khata and M.S. Sonak has held that if the developer fails to meet its obligations under the Development Agreement, such as paying transit rent and completing construction within the specified time frame, there is a complete failure of consideration, and no rights accrue to it. The court awarded a writ of mandamus for...
Bombay High Court Grants Bail To Accused In ₹6606 Crore Bitcoin Fraud Case, Cites Her Being A Woman, Mother Of Six-Yr-Old
Observing that she is the mother of a six year old, the Bombay High Court last week granted bail to Simpy Bhardwaj, booked under the stringent Prevention of Money Laundering Act (PMLA) by the Enforcement Directorate (ED) in 2023 for her alleged role in India's largest Bitcoin-based Ponzi scheme worth Rs 6,606 crore, related to a Delhi-based firm - Variable Tech Pvt Ltd. Single-judge...