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

Citation 2024 LiveLaw (Bom) 497 to 2024 LiveLaw (Bom) 502)Nominal Index Y-Not Films LLP and Anr. vs. Ultra Media and Entertainment Pvt. Ltd., 2024 LiveLaw (Bom) 497Sudhir Kumar Sengupta vs. Kusum Pandurang Keni, 2024 LiveLaw (Bom) 498Latabai Jadhav vs State of Maharashtra, 2024 LiveLaw (Bom) 499State of Maharashtra vs Sunil Kuchkoravi, 2024 LiveLaw (Bom) 500Kisan Moulding Limited v. Micro...

Bombay HC Issue Notice On Plea Challenging MoU Between State And GOI-Owned Sanitary Napkins Manufacturer For Setting Up Dialysis Centres

The Bombay High Court has issued notice on a petition challenging the MOU between the Maharashtra government and HLL Life Care Ltd., a Government of India-owned corporation, which manufactures sanitary napkins and condoms, for providing Haemodialysis services in Maharashtra.A Division Bench of Devendra Kumar Upadhyaya and Justice M.M Sathaye were hearing a petition challenging a Notice issued by HLL Life Care, under which only the empanelled firms with HLL were eligible to participate in a...

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...

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...

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.The Court 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. Today, a Division Bench of Devendra...

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

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...

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

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...

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...

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

The Bombay High Court on Tuesday 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 pronounced the judgment in the open court while the appellant Sunil Kuchkoravi was produced through video conferencing facility. "This is a rarest of rare case, wherein the appellant not...

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

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.The bench noted...

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. "At this...

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

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.“In my view, therefore, in absence of any valid dispute created by Defendant about the amount of standard rent...