Bombay High Court
Footpath Bollards Making It Impossible For Wheelchair-Bound In Mumbai To Pass Through: Bombay High Court Takes Suo Moto Cognizance
The Bombay High Court has taken suo motu cognisance of inaccessibility of footpaths to the differently abled in Mumbai owing to recently installed bollards. The division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Arif Doctor directed the High Court Registry to issue notice to the Municipal Corporation returnable on October 18, 2023. Last week, Advocate Jamshed Mistry mentioned an email sent to him by a differently abled person - Karan Shah. Shah asserted he was...
Bombay High Court Weekly Round-Up: September 25 To October 01, 2023
Nominal Index [Citation 453 - 463]Milind Dashrath Narvekar v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 453Jigna Jitendra Vora v. State of Maharashtra & Ors. 2023 LiveLaw (Bom) 454Shriram General Insurance Co. Ltd v. Sou. Jyoti Vithoba Nahire 2023 LiveLaw (Bom) 455Pragati Pre Fab India Pvt. Ltd. Versus PCIT 2023 LiveLaw (Bom) 456ABC v. XYZ 2023 LiveLaw (Bom) 457SNV Aviation Pvt....
Wynk v. TIPS | Internet Based Music Streaming Platforms Not Eligible For Compulsory Music Licences Available For TV, Radio: Bombay HC
In a huge win for record labels like Tips Industries Limited (Tips), the Bombay High Court has held that online music streaming and downloading platforms would not be eligible for discounted compulsory licenses to their music under Section 31D of the Copyrights Act.This means that internet-based platforms will have to negotiate contracts with big record companies to use their repertoire of...
Bombay HC Temporarily Protects Firm Of MLA Belonging To Sharad Pawar Faction Against Closure Order By Maharashtra Pollution Control Board
The Bombay High Court on Friday granted temporary relief to NCP MLA Rohit Pawar and directed Maharashtra Pollution Control Board to not effect till October 6, a closure order issued against Baramati Agro Ltd, a firm controlled by him.The MPCB order was issued on Wednesday and served early on Thursday seeking closure of the unit within 72 hours. Baramati Agro challenged the order on the...
Bombay High Court To Pronounce Verdict In Challenge To IT Rules Amendment On December 1, Centre Won't Notify Fact Check Unit Till Then
The Bombay High Court will pronounce on December 1, 2023 its judgement on a clutch of petitions challenging the Rule 3(i)(II)(C) of the IT Amendment Rules, 2023 enabling a government established Fact Check Unit to identify false, fake or misleading information about itself on social media. Consequently, social media intermediaries like Facebook, Instagram or X will then have to either pull...
Bombay High Court Temporarily Restrains Fashion TV From Executing Franchise Agreements In Lucknow Without Making Offer To Current Franchisees
The Bombay High Court has issued an ad-interim direction restraining fashion media company Fashion TV Limited (FTV), from executing franchise agreements in Lucknow with third parties without first offering the franchise to their current franchisees.Justice Manish Pitale observed that prima facie, despite a First Right of Refusal (FROR) clause in the franchise agreement, FTV executed...
Magistrate Not Obligated To Provide Reasons For Amount Of Interim Compensation Awarded To Complainant In Cheque Dishonour Case: Bombay HC
The Bombay High Court recently held that the trial court is not obligated to provide reasons for the amount of interim compensation in cheque dishonour cases, as long as the requirements provided in Section 143A of the Negotiable Instruments Act, 1881 (NI Act) are met.Justice Anil Pansare of the Nagpur Bench observed that satisfaction of Section 143A is reason enough for awarding 20...
Some Accountability Should Be Fixed On Courts To Complete Trial In Cases Of Prolonged Incarceration: Bombay High Court
The Bombay High Court has expressed strong displeasure at the lack of effort by prosecuting agencies and trail judges to ensure timely completion of criminal trials resulting in prolonged incarceration of the accused.Justice Bharati Dangare granted bail to a murder accused incarcerated for over seven years in a case requiring examination of just 10 witnesses. Despite expediting the trial, a...
Construction Of 100 Bed Hospital In Thane Conceived 15 Yrs Ago Still Incomplete: Bombay High Court Orders Investigation
The Bombay High Court on Wednesday pulled up the Thane Municipal Corporation for inordinate delay in construction of a 100-bedded hospital in Kausa, Mumbra, conceived in 2008. The amount sanctioned for the project has increased to over Rs. 122 Crores from Rs. 10 Crores sanctioned in 2008, but the project remains incomplete.A division bench of Chief Justice Devendra Kumar Upadhyaya and...
Intermediaries Bound To Take Action On Content Flagged By Fact-Check Unit, May Not Take Down But Put 'Disclaimer': Centre To Bombay HC
The Solicitor General representing the Ministry of Electronics and IT on Tuesday clarified that an intermediary must either pull down information flagged by the government’s Fact Check Unit or put a disclaimer. The intermediary was not at liberty to do “nothing” about content flagged as fake, false or misleading by the government, SG Tushar Mehta added, addressing a query raised by...
Unstamped Agreement, Quantum Not Disputed, Court Can Collect While Deciding Section 11 Petition: Bombay High Court
The High Court of Bombay has held that the Court exercising power under Section 11 of the A&C Act can itself determine and collect the unpaid or deficit stamp duty payable upon the unstamped or insufficiently stamped agreement. The bench of Justice Manish Pitale relied upon the recent judgment of the Delhi High Court in Spendor Landbase v. Aparna Ashram Society[1] to hold that...
