Bombay High Court Weekly Round-Up: April 15 - April 21, 2024

Nominal Index [Citation 200 - 220]Sumit Suresh More v. State of Maharashtra 2024 LiveLaw (Bom) 200Arun Gulab Gawli v. State of Maharashtra 201Pankaj Kailash Agarwal v. ACIT 2024 LiveLaw (Bom) 202Dipak P. Mali v. State of Maharashtra 2024 LiveLaw (Bom) 203Durgadas s/o. Sunil Saindane v. State of Maharashtra 2024 LiveLaw (Bom) 204Ramesh Sippy v. Sunhil Ajit Sippy & Ors. 2024 LiveLaw...

Bombay High Court Strikes Down State's Circular Imposing Additional Conditions For Registration Of Govt Employee Vehicles Under “BH Series”

The Bombay High Court recently quashed the State government's circular providing additional conditions for registration of vehicles belonging to government employees under the “BH series”.A division bench of Justice GS Kulkarni and Justice Firdosh P Pooniwalla allowed a writ petition filed by Civil Judge Mahendra Bansilal Patil challenging the Commissioner of Transport's refusal to...

Arbitrator's Mandate Would Not Be Terminated When The Delays In Arbitral Proceedings Are Not Attributable To It: Bombay High Court

The High Court of Bombay has held that an arbitrator's mandate would not terminate when the proceedings are not completed within timelines agreed by the parties, if the delays in the conduct of the proceedings are attributable to the party seeking termination of the mandate. The bench of Justice Bharati Dangre held that generally, in an arbitration not governed by Section 29A,...

Power Of General Manager Of Employer To Confirm Nomination Of Arbitrator By The Contractor Runs Contrary To Principles Of Impartiality And Independence: Bombay High Court

The High Court of Bombay has held that the power of General Manager of the employer to confirm nomination of arbitrator by the Contractor runs contrary to principles of impartiality and independence. It held that nomination by a party of its arbitrator cannot be subject to approval by the other party. The bench of Justice Bharati Dangre held that for an appointment of arbitrator from...

Bombay High Court Quashes Case Against Raj Thackeray For Abetting Violence And Public Property Damage In 2008

The Bombay High Court on Thursday quashed a criminal case against Maharashtra Navnirman Sena (MNS) chief Raj Thackeray for alleged abetment of violence and public property damage arising out of a stone pelting incident in 2008.Justice Nitin B Suryawanshi of the Aurangabad bench set aside lower court orders refusing to discharge Thackeray in a case involving MNS supporters allegedly attacking...

Appointment Of Arbitrators From A Narrow Panel Of 4 Arbitrators Is Violative Of Section 12(5) Of The A&C Act: Bombay High Court

The High Court of Bombay has held that appointment of arbitrator from a narrow panel of 4 arbitrators is violative of Section 12(5) of the A&C Act. It held that such practice of preparing narrow panels restricts free choice and give rise to suspicion that favourites are chosen. The bench of Justice Bharati Dangre held that independence and impartiality of arbitrators is a hallmark...

Director General Of Shipping's 2022 Order For Certification Of Accommodation Barges Not Applicable To Ships Registered Under Coastal Vessels Act: Bombay HC

The Bombay High Court held recently that the 2022 order of the Director General of Shipping for certification of accommodation barges does not apply to vessels which are not Indian ships registered under the Merchant Shipping Act, of 1858.A division bench of Justice GS Kulkarni and Justice Firdosh P Pooniwalla temporarily stayed orders of the Directorate General of Shipping to detain three of...

Although Adultery Is Grounds For Divorce, It Can't Be A Ground To Deny Child's Custody: Bombay High Court

The Bombay High Court held on Friday that adultery is a ground for divorce but cannot be a ground for denying custody of a child.Justice Rajesh Patil dismissed a writ petition filed by son of a former legislator seeking custody of his nine-year-old daughter from his estranged wife on grounds of adultery.“Adultery is in any case a ground for divorce, however the same can't be a ground for...

Reception Held In Mumbai Not Part Of Marriage Ritual: High Court Declines Mumbai Family Court's Jurisdiction Over Husband's Divorce Plea

Observing that reception can't be considered part of the marriage ritual, the Bombay High Court recently held that the family court in Mumbai had no jurisdiction over a divorce case just because the couple had the wedding reception in Mumbai and resided there for a few days.“There is no dispute between the parties that all the rituals of the marriage took place on 7 June, 2015 at...

Can A Section 29A Application Be Filed In The Commercial Court Or Only In The High Court? Single Bench Of Bombay High Court Refers The Issue To Larger Bench

The High Court of Bombay (Goa Bench) has referred the issue of maintainability of a Section 29A application seeking extension of the arbitration before the Commercial Court to a larger bench in view of conflicting views by two co-ordinate benches of the High Court. The Bench of Justice Bharat P. Deshpande observed that the since Section 29A of the A&C Act not just involves...

Bombay High Court Suspends Life Sentence, Grants Bail To Man Convicted For Beheading Girlfriend's Cousin

The Bombay High Court recently suspended a life sentence and granted bail to a man convicted of murdering the cousin of his girlfriend by beheading him.A division bench of Justice AS Gadkari and Justice Shyam C Chandak prima facie rejected the prosecution's case to the extent that the murder weapon had human blood despite being found in a place filled with water.“It is important to note...

[Cybercrime] IPC Can Simultaneously Be Invoked If Sections Under IT Act Don't Address All Ingredients Of Offence: Bombay High Court Full Bench

The Bombay High Court recently held that while the Information Technology Act, 2000 is a special Act for addressing cybercrimes and has an overriding effect, it does not preclude the application of IPC in cases where the offences are not adequately addressed under the IT ActThe court held that section 43 (penalty for damage to computer) read with section 66 (fraudulently or dishonestly...