Bombay High Court Allows Tata AIG Insurance's Appeal Against Compensation Award To Claimant With Income Exceeding ₹40,000

The Bombay High Court has held that an application for compensation under Section 163A of the Motor Vehicles Act, 1988, cannot be entertained without verifying that the annual income of the claimant does not exceed Rs. 40,000. The Court observed that the benefit of the structured formula under Section 163A is restricted to a specific class of victims and cannot be claimed by persons whose...

Order Terminating Proceedings For Non-Payment Of Arbitral Fees Can Be Challenged U/S 14 A&C Act, Not Through Writ Petition: Bombay HC

The Bombay High Court held that when the arbitration proceedings are terminated under section 38(2) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) for non-payment of arbitral fees, the proper remedy is to file application under section 14 of the Arbitration Act and not a writ petition. Justice Manish Pitale held that “in situations where the arbitral proceedings...

Bombay HC Calls For Overhaul In Verification Process For Slum Schemes, Flags 'Ease' With Which False Documents Are Used To Claim Benefits

The Bombay High Court has called for a comprehensive overhaul of the document verification process in slum rehabilitation schemes, expressing concern over the ease with which false and fabricated documents are used to claim benefits. The Court also imposed a cost of ₹5,00,000 on the petitioner for suppression of facts and abuse of the process of law.A Division Bench of Justice A.S. Gadkari...

Bombay High Court Directs Dept To Pay ₹71.31 Lakh Interest On Refund Of Illegal IGST Collected Under RCM On Ocean Freight

The Bombay High Court has directed the department to pay Rs. 71.31. Lakh interest on refund of illegal IGST (Integrated Goods and Services Tax) collected under RCM (Reverse Charge Mechanism) on ocean freight. Justices M.S. Sonak and Advait M. Sethna stated that admittedly, the Petitioner had paid the amount of IGST which the respondents utilized up to the date of grant of refund....

Bombay High Court Directs WhiteHat Jr To Secure Rs 80.35 Lakh Arbitral Award In Favor Of Former Employee

The Bombay High Court has recently ordered WhiteHat Education Technology Pvt. Ltd. (popularly known as WhiteHat Jr), a subsidiary of embattled ed-tech Byju's, to secure an arbitration award of Rs 80.35 lakh in favour of its former employee, Prashant Singh.The award was granted in an employment dispute following Singh's sudden termination from the company. The Court also directed the...

SARFAESI Act | Lending Banks Only Obligated To Consider Revival Scheme For NPA MSMEs If Borrower Claims Relief U/S 13(3A): Bombay High Court

The Bombay High Court bench, comprising Justice Suman Shyam and Justice Manjusha Deshpande, has held that the lending bank is obligated to consider the MSME revival scheme for classification of account as NPA only if it has been claimed by the MSME in response to the demand notice under Section 13(3A) of the SARFAESI Act. The petitioner's MSME unit took certain loans from ICICI Bank...

Bombay High Court Quashes Acquisitions Under Maharashtra Slum Act Without Recognising Developler's Preferential Rights

The Bombay High Court has quashed the acquisition of private land under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, holding that the authorities acted without considering the developer's preferential right to redevelop the property. The Court observed that such actions violate the property rights guaranteed under Article 300A of the Constitution and...

'Remedy U/S 6 Of Specific Relief Act Cannot Be Granted To Person Having No Intention To Reside In Suit Premises': Bombay High Court

The Bombay High Court has held that relief under Section 6 of the Specific Relief Act, 1963, which provides protection of possession, cannot be granted to a person who has no bona fide intention of residing in the suit premises. The Court emphasised that equitable relief under Section 6 must be exercised in favour of a person with a genuine intent to enjoy the property and not for...

'Second Plea For Divorce Under HMA Has To Be Transferred To Court Where First Petition Was Filed': Bombay High Court

The Bombay High Court has held that when two petitions for divorce or judicial separation between the same parties are filed in different courts, the second petition must be transferred to the court where the first petition was filed, in accordance with Section 21-A of the Hindu Marriage Act, 1955.Justice Rajesh S. Patil was hearing two transfer applications filed by husband and wife. The...

Bombay High Court Imposes ₹50,000 Cost On Petitioner For Challenging Reserved NCLT Order

The Bombay High Court recently imposed a cost of ₹50,000 on a petitioner for filing a writ petition against a National Company Law Tribunal (NCLT) order that had merely been reserved and not yet pronounced.A division bench of Justices R I Chagla and Farhan P Dubash held that the petition was not maintainable before the High Court “Thus, the Order reserved has not yet been...

[POSH Act] 'Formation Of ICC Cannot Be Challenged After Receiving Unfavourable Result In Its Inquiry': Bombay High Court

The Bombay High Court has held that once an employee has voluntarily participated in the proceedings before an Internal Complaints Committee (ICC) constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, they cannot later challenge the validity of its constitution merely because the outcome of the inquiry is unfavourable.A Division Bench...

'Higher Credence Is Given To Award Passed After Detailed Pre-Arbitral Process': Bombay High Court

The Bombay High Court has held that arbitral awards passed after a detailed pre-arbitral process contractually agreed upon by the parties deserve a higher degree of credibility and judicial deference. The Court refused to grant an unconditional stay on the execution of an arbitral award in favour of the contractor, holding that mere disagreement with the arbitral tribunal's findings does...