'Defamatory & Reckless' : Bombay High Court Asks Malayali YouTuber To Take Down Video Against Malabar Gold

The Bombay High Court recently restrained a Malayali YouTuber Shajan Skariah from making any "defamatory" posts against Malabar Gold Limited and further issued a directive to him to pull down an 'objectionable' video already posted on the social media platform.Single-judge Justice Arif Doctor after hearing the brief submissions made by the counsel representing Malabar Gold said the video...

Bombay High Court Half Yearly Digest: January To June, 2024 [Citations 1-319]

Nominal Index [Citation 1 – 319]Rohit Dembiwal v. Tata Consultancy Services Ltd. & Ors 2024 LiveLaw (Bom) 1Mirza Himayat Baig v. State of Maharashtra 2024 LiveLaw (Bom) 2M/s. Hindustan Level Employees Union v. M/s. Hindustan Unilever Limited 2024 LiveLaw (Bom) 3ABC v. XYZ 2024 LiveLaw (Bom) 4Hiral Chandrakant Jadhav v. State of Maharashtra 2024 LiveLaw (Bom) 5XXX v. XXXX 2024 LiveLaw...

Income Tax Additions Can't Be Made On The Basis Of Superficial Inquiry: Bombay High Court

The Bombay High Court has held that income tax additions cannot be made on the basis of superficial inquiry.The bench of Justice G. S. Kulkarni and Justice Somasekhar Sundaresan has observed that the findings which were arrived by the CIT(A) as also by the tribunal would suggest that the department did not dispute the assessee's sales, as there there was no discrepancy between the purchases...

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...