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 down the flagged content or add a disclaimer at their own risk according to the Ministry of Electronics and...

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 another franchise agreement with third parties.“a specific Right of First Refusal in the territory i.e. territory...

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 percent interim compensation to the complainant and requiring trial court to give additional reasons for the...

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...

Bombay High Court Allows Akasa Air To Proceed In Mumbai Against Pilots Who Left Without Serving Notice Period

The Bombay High Court on Wednesday allowed a leave petition filed by Akasa Air, a low-cost airline, seeking permission to proceed against five pilots who resigned from the company without serving their notice period.Justice SM Modak observed that part of the cause of action arose within the jurisdiction of Bombay High Court as the resignations were accepted by the company in...

Spouse Suffering From Epilepsy Not Ground For Divorce Under Hindu Marriage Act, It's Not A Mental Disorder: Bombay High Court

Spouse suffering from epilepsy cannot be ground for divorce under Section 13(1)(iii) of the Hindu Marriage Act, the Bombay High Court observed and upheld a family court order refusing divorce to a man. A division bench at Nagpur comprising Justices Vinay Joshi and Valmiki Menezes observed,"…the condition of “epilepsy” is neither an incurable disease nor can it be considered a...

Assessee Entitled To The Benefit Of VsV Act During The Pendency Of Prosecution Not Involving 'Tax Arrears': Bombay High Court

The Bombay High Court has directed the department to decide the application filed by the assessee in conformity with the Direct Tax Vivad Se Vishwas Act 2020.The bench of Justice K. R. Shriram and Justice N. K. Gokhale has observed that the assessee had paid self-assessment tax but has not paid the demand made due to reassessment or reopening of the assessment and has challenged the...

Rahul Gandhi Defamation Case: Bombay High Court Seeks Advocate General Birendra Saraf’s Assistance On Legal Issues Involved

The Bombay High Court on Tuesday sought the Advocate General’s assistance in the petition moved by Congress leader Rahul Gandhi to quash the defamation case filed by a BJP leader against him for his "commander in thief" social media post and video from 2018.Justice Sarang Kotwal noted that Gandhi had raised significant questions of law in his plea, including a legal bar under Section 199 of...

IT Rules Amendment | Bombay High Court Asks Why Fact Checking Unit Is Required If It Cannot Compel Removal Of Fake News

The Bombay High Court on Tuesday wondered why the amendment to Information Technology Rules, 2021 providing for a government Fact Check Unit (FCU) is required when the FCU cannot compel social media platforms to take down content flagged as false, fake, or misleading.Justice GS Patel asked Solicitor General Tushar Mehta, who began arguments for the central government today, to reconsider...