Bombay High Court
Stock Broker Forwarding Messages About Dormant Shares Can't Be Booked For Duping Shareholders: Bombay High Court
A person in the business of shares, forwarding certain WhatsApp messages concerning details of shares that can be dormant, cannot be booked for duping shareholders, the Bombay High Court observed recently while granting bail to a man, booked under charges of forgery and fraud.Single-judge Justice Manish Pitale while dealing with the bail application filed by one Manish Shah noted that he had...
Courts Can't Constantly Interfere And Micro-Manage Arbitral Proceedings: Bombay High Court
The Bombay High Court bench of Justice Arif S. Doctor has held that the court cannot constantly interfere with and micromanage proceedings which are pending before Arbitral Tribunals. The bench held that the scope of judicial interference under Section 37(2)(b) of the Arbitration Act is limited in nature. The bench held that the court: (i) will not interfere with...
Individual Members Of Society Can't Be Considered Signatories To The Arbitration Agreement: Bombay High Court
The Bombay High Court bench of Justice Somasekhar Sundaresan has held that individual members of the Society cannot be considered signatories to the arbitration agreement under Section 7 of the Arbitration Act, as they do not individually participate in its formation or execution of arbitration clause. Brief Facts: Eleven members of a cooperative housing society approached the...
Dawood Ibrahim Is A Terrorist In Individual Capacity, Gang Association With Him Not Punishable Under UAPA: Bombay High Court
In a significant order, the Bombay High Court has held that the Central Government under its powers has declared underworld gangster Dawood Ibrahim, a terrorist in his "individual capacity" and thus any association of any person with him or the D-Company, would not attract punishment for being member of a terrorist organisation under section 20 of the Unlawful Activities (Prevention) Act...
MSME Council Has Power To Decide Issue Of Its Own Jurisdiction Under MSMED Act: Bombay High Court
The Bombay High Court has observed that the Micro and Small Enterprises Facilitation Council has the authority to determine its jurisdiction over disputes under Section 18 of the Micro, Small Medium Enterprises Development Act, 2006 (MSMED).A Single Judge Bench of Bharat P. Deshpande was considering the petitioner's challenge to a notice issued by the Nodal Officer for Micro and Small...
Victim's Mother Would Not Risk Minor Daughter's Future By Concocting Story Of Molestation Due To Enmity With Accused: Bombay High Court
In the conservative Indian society, a mother may concoct a story of her own molestation but would not jeopardize the future of her daughter by falsely implicating someone in a sexual harassment case, the Nagpur bench of the Bombay High Court recently held. Single-judge Justice Govind Sanap while rejecting the argument of a man, convicted for sexually assaulting a girl, said that even...
Bombay High Court Halts Maharashtra Govt's Demolition Drive In Communal-Violence Hit Vishalgadh Fort Area Of Kolhapur
The Bombay High Court on Friday pulled up the Maharashtra government for demolishing around 70 structures in the Vishalgadh fort area in Kolhapur where communal violence broke out between two groups on July 14.A communal violence broke out between Hindus and Muslims in Vishalgadh fort area on July 14 and from July 15 itself the State's Public Works Department (PWD) initiated demolition process...
Seven Additional Judges Of Bombay High Court Made Permanent; Fresh One-Year Term For Two Additional Judges
The Central government on Friday notified the appointment of seven additional judges of the Bombay High Court as permanent judges.Union Law Minister Arjun Ram Meghwal made the announcement on X, formerly Twitter.Notably, two other additional judges have been granted a fresh term of one year as additional judges, effective from October 7.The judges appointed as permanent judges are Justices...
Maharashtra's Amendment Exempting Private Schools From 25% RTE Quota If Govt-Run School Exists Nearby 'Unconstitutional': High Court
The Bombay High Court has held that Maharashtra government's decision exempting private unaided schools from providing 25% quota in Class I or Pre-school for children of disadvantaged sections, if there is a government-run or aided school within 1 km radius of that private school, is "unconstitutional".The decision was taken by the State this year by amending the Maharashtra Right of Children...
Bombay High Court Criticizes Maharashtra Govt For Its "Mindset" To Curtail Liberty Of Undertrial
The Bombay High Court on Thursday criticised the Maharashtra Police for its "mindset" to curtail the liberty of undertrials, who have served more than half of the possible maximum punishment they may be handed over after conviction.A division bench of Justices Ajay Gadkari and Dr Neela Gokhale said in a democracy the police cannot give an impression that it is a Police State.The observations...
Husband Convicted For Causing Dowry Death Cannot Inherit Deceased Wife's Property Under Hindu Succession Act: Bombay High Court
A husband convicted for causing the dowry death of his wife stands disqualified from inheriting the property of the deceased wife as provided under Section 25 of the Hindu Succession Act, the Bombay High Court held recently.Single-judge Justice Nijamoodin Jamadar rejected the argument of the Testamentary Department which opined that a person convicted for causing dowry death (under section...
JAO Not Empowered To Issue Section 148A(b) Notice Under Faceless Assessment: Bombay High Court
The Bombay High Court has held that it was not permissible for the Jurisdictional Assessing Officer (JAO) to issue a notice under Section 148A(b), as the same would amount to a breach of the provisions of Section 151A of the Income Tax Act.The bench of Justice G. S. Kulkarni and Justice Somasekhar Sundaresan has observed that the notice was invalid and bad in law being issued by the JAO as...