Subletting Must Be Presumed In Commercial Tenancy Where Tenant Allows Outsider To Use The Premises For Profiteering: Bombay High Court

The Bombay High Court observed that in commercial tenancy, if a tenant permits an outsider to use their shop to do business, subletting can be presumed. It emphasized that beneficial legislation like the Rent Control Act should be misused by the tenant and thus in cases of misuse of tenancy protections, subletting should be inferred.Justice Sandeep V. Marne was considering...

How Was An Ordinary Citizen Able To Obtain 'MLA Sticker' For Use On Personal Car? High Court Asks Mumbai Police To Probe

The Bombay High Court on Thursday directed Mumbai Police to investigate how a local resident obtained an 'authorised' sticker meant for Members of the Legislative Assembly (MLAs) in Maharashtra, for his personal car. A division bench of Justices Ajay Gadkari and Dr Neela Gokhale ordered the Deputy Commissioner of Police (DCP) Zone VI, Mumbai Police, to ascertain the 'source' of the sticker...

[LARR Act, 2013] Collector's Award Must Be Challenged In Application U/S 64 To Be Referred To Authority: Bombay High Court

The Bombay High Court observed that Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("LARR Act") can only be invoked if the application under the provision challenges the Collector's award. It stated that the contents of the application must indicate it is an application under Section 64 of the Act.Justice R.M. Joshi...

Principle Of Denial Of Relief On Grounds Of Laches Applicable To PIL: Bombay High Court

The Bombay High Court observed that the principle of denying relief on grounds of delays and laches is applicable to Public Interest Litigation (PIL). It emphasized that in the absence of an explanation for the delay from the petitioners, the court may refuse to exercise its discretionary power under Article 226 of the Constitution of India."In the absence of any explanation, this Court is...

Bombay Tenancy & Agricultural Lands Act | Trust Land Must Be Included In Schedule-I To Claim Exemption, Order U/S 88B Insufficient: High Court

The Bombay High Court has held that an exemption order granted to a Trust under Section 88-B of the Bombay Tenancy and Agricultural Lands Act, 1948 (BT&AL) is not sufficient to claim exemption of the land from the provisions of the Act. The land must be included in Schedule I of the BT&AL Act to claim such exemption. The Court also observed that Section 32-G of BT & AL is...

[Electricity Act] Relabelling Of Products Not 'Manufacturing', Such Activity Not Eligible For Industrial Tariff Categorization: Bombay HC

The Bombay High Court has held that the activity of relabelling products does not constitute 'manufacturing' under the Electricity Act, 2003. It stated that manufacturing under the Electricity Act would require conversion of raw materials into a fresh product using electricity-powered machines and thus relabelling would not fall within such activity.The petitioner (Maharashtra State...

Bombay High Court Directs Govt. To Constitute A Committee To Decide SVLDRS Declaration Filed On 30th December 2019

The Bombay High Court has directed to constitute a committee to decide the declaration that was filed by the petitioner on 30th December 2019 and, on or before 30th September 2024, dispose of the declaration in accordance with law.The bench of Justice K.R. Shriram and Justice Jitendra Jain has observed that the amount payable has been quantified before 30th June 2019. The scheme has the...

Ghatkopar Billboard Collapse: Bombay High Court Denies Relief To Accused Bhavesh Bhinde

The Bombay High Court on Friday dismissed the petition for release filed by Bhavesh Bhinde, the owner of the giant hoarding that collapsed in Ghatkopar area of Mumbai amid heavy rains and winds, killing 17 persons and injuring around 70, on May 13. A division bench of Justices Bharati Dangre and Manjusha Deshpande passed the order saying it found no merits in the case. "Finding...

Trade Mark Infringement: Bombay High Court Restrains Indian Pharma Company From Using Mark 'Deceptively Similar' To International Firm

The Bombay High Court recently restrained an Indian company from using a trade mark, 'deceptively similar' to an International pharmaceutical company, observing that the primary duty of the court is towards the public.Single-judge Justice Riyaz Chagla restrained Sefier Life Science Private Ltd. an Indian company, which has been manufacturing medicines here and exporting it to various...

Denying Furlough Just Because Convict Is Unmarried Is Not A Good Ground: Bombay High Court

The Nagpur bench of the Bombay High Court recently observed that the jail authorities cannot deny furlough or parole leaves to a convict merely on the ground that s/he is young and is unmarried and thus might flee and not return to the prison. A division bench of Justices Vibha Kankanwadi and Vrushali Joshi on August 1, ordered the Special Inspector General, Prisons, Nagpur, to consider...

IT Rules Amendment & Fact-Check Units: Bombay High Court's Tie-Breaker Judge Reserves Judgment

The Bombay High Court's "tie-breaker" judge Justice Atul Chandurkar on Thursday reserved his judgment in petition filed by comedian Kunal Kamra challenging the IT Amendment Rules, 2023, which empowers the Central government to establish Fact Checking Units (FCUs) to identify any "fake or misleading" information on social media. Justice Chandurkar heard the detailed submissions by...

Institute Of Actuaries Of India Regulations | Bombay HC Upholds Validity Of Regulation Disallowing Associate Members From Getting Certificate Of Practice

The Bombay High Court has upheld the constitutional validity of Regulation 10 of the 'Institute of Actuaries of India (Admission as Member and Issuance of Certificate of Practice) Regulations 2017.' Regulation 10 sets out the qualifications required to obtain a 'Certificate of Practice' (CoP). This CoP allows a person to practice as an Actuary under the Actuaries Act, of 2006.'Actuary'...