Mortgage, Enforcement And Related Declaratory Reliefs Are Non-Arbitrable: Bombay High Court

The Bombay High Court Bench of Justice Sandeep V Marne has observed that enforcement of mortgage is a right in rem and any dispute seeking enforcement of mortgage cannot be referred to arbitration. Civil suit will lie for enforcement of such a right in rem. Facts Defendant No.1 and his partners are developers appointed for redevelopment of Defendant No.5 – Society under...

Income Tax Act | Deputy Commissioner Cannot Act Beyond DRP Directions; Assessment After S.144C(13) Time Limit Invalid: Bombay High Court

The Bombay High Court stated that the Deputy Commissioner cannot act beyond the dispute resolution panel (DRP) directions; assessment completed beyond Section 144C(13) of the Income Tax Act, 1961, the time limit is invalid. Section 144C(13) of the Income Tax Act, 1961 mandates the completion of the assessment within one month from the end of the month in which DRP directions are...

Bombay High Court Grants Bail To Prime Accused In Govind Pansare Murder Case

The Kolhapur bench of the Bombay High Court on Tuesday granted bail to Virendra Tawade, Sharad Kalaskar and Amol Kale, all three prime accused in the murder case of slain communist leader Govind Pansare.Single-judge Justice Shivkumar Dige orally pronounced the decision to grant them bail. However, a detailed copy of the order is yet to be made available. According to the prosecution case,...

'Illegality In Handling Petroleum & Byproducts Directly Impacts Public At Large, Not Private Dispute': Bombay High Court

The Bombay High Court has held that offences relating to illegal handling and adulteration of petroleum products have a direct bearing on public safety, the economy, and State revenue, and therefore cannot be viewed as mere private disputes between parties. It emphasized that such offences affect a vital sector of public life and must be treated with utmost seriousness while...

Bombay High Court Fixes ₹6 Lakh Compensation For Pothole Deaths, Says High Time Civic Bodies & Road Contractors Are Held Accountable

In an important order, the Bombay High Court on Monday held that henceforth, if there is a death due to potholes or bad roads, the contractors, who constructed the same and also the civic authorities will be held responsible for the said death and they will have to pay compensation to the families of the victims. While fixing the accountability, the High Court ordered the authorities to pay Rs...

'Receiver Appointed For Sale Of Assets Cannot Be Treated As Employer To Run Partnership Firm': Bombay High Court

The Bombay High Court has held that a Court Receiver appointed to sell the assets of a dissolved partnership firm cannot be treated as an “employer” under Section 25-O of the Industrial Disputes Act, 1947, for the purpose of running the business or making applications for closure. The Court observed that once the Receiver is appointed to sell assets, the business of the firm stands...

'Inability To Create Permanent Posts No Grounds To Employ Temporary Workers For Unreasonably Long Period': Bombay High Court

The Bombay High Court has held that the inability to create permanent posts or financial limitations cannot justify employing workers who perform permanent and essential duties on a temporary basis for years together. The Court observed that continuing such workers on short-term or contractual appointments amounts to unfair labour practice and violates the constitutional principles of...

'Grave Infringement Of Dignity': Bombay High Court Protects Actor Suniel Shetty From AI Deepfakes & False Endorsements

The Bombay High Court has granted ex-parte ad-interim relief to actor Suniel Shetty over unauthorized use of his persona through AI deepfakes, impersonation, and false endorsements online. A single judge bench of Justice Arif S Doctor, while restraining several known and unknown individuals from misusing Shetty's persona, remarked that the acts of exploitation “can best be described as a...

'Extension Of Judicial Remand Beyond 60 Days Without Hearing & Reasoned Order Is Illegal': Bombay High Court

The Bombay High Court has held that extending judicial remand beyond the statutory period of 60 days under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, without affording an opportunity of hearing to the accused and without passing a reasoned order, is contrary to law and violative of Article 21 of the Constitution.Justice Sachin S. Deshmukh was hearing a petition...

Maharashtra Cooperative Societies Act | Audit Test Cannot Be Ordered Without Inspection Of Audit Report: High Court

The Bombay High Court has held that a Test Audit under Section 81(3)(c) of the Maharashtra Cooperative Societies Act, 1960, can only be directed when there is a specific finding, based on an inspection of the audit report, that the audit does not reflect a true and correct picture of the accounts of a cooperative society. Without such inspection and recording of satisfaction, an order for...

Govt Resolution Mandating Floating Of Tender To Appoint Developer For Redevelopment Of Society Is Directory: Bombay High Court

The Bombay High Court recently reiterated that the Government Resolution (GR) issued on July 4, 2019 mandating floating of tenders for finalising a developer for redevelopment of a society, is not mandatory but is of directory in nature.A division bench of Justices Shyam Suman and Manjusha Deshpande held that mere non-floating of a tender to appoint a developer will not mean that there has been...

'Board Under Maharashtra Mathadi, Hamal & Other Manual Workers Act Cannot Review Its Orders': High Court

The Bombay High Court has held that a board under the Maharashtra Mathadi, Hamal and Other Manual Workers Act, 1969, has no statutory power to review or reopen its earlier orders under Section 13 of the Act. The Court observed that the power of review is not inherent and can only be exercised when expressly conferred by statute or by necessary implication.A Division Bench comprising Justice...