Bombay High Court
MV Rules 1989 | Bombay High Court Upholds Levy Of Additional Fees For Delayed Renewal Of Vehicle Registration, Driving Licence
The Bombay High Court on Tuesday dismissed a public interest litigation (PIL) and a writ petition challenging additional fees imposed for delay in applying for various vehicle related services including renewal of driving license and vehicle registration.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor held that the additional fees do not constitute a...
S.25(3) Trademarks Act | Registrar Can't Refuse To Renew Mark On Grounds Of Delay If Not Removed From Register After Issuance Of Notice: Bombay HC
The Bombay High Court held recently that the Trademark Registrar cannot refuse to renew a trademark on the grounds of delay if it has not been removed from the register after issuance of removal notice under section 25(3) of the Trademarks Act, 1999.A division bench of Justice GS Kulkarni and Justice Firdosh P Pooniwalla directed the Registrar to renew three of the petitioners' trademarks,...
Revenue Officers Bound By Decisions Of Appellate Authorities While Disposing Quasi-Judicial Issues: Bombay High Court
The Bombay High Court has held that the revenue officers are bound by the decisions of appellate authorities while disposing of quasi-judicial issues.The bench of Justice K. R. Shriram and Justice Dr. Neela Gokhale has observed that the mere fact that the order is not acceptable to the department, in itself an objectionable phrase, can furnish no ground for not following it, unless its...
Motor Accident Claims | Driver With Heavy Goods Vehicle Driving Licence Can Drive Light Motor Vehicles: Bombay High Court
The Bombay High Court held recently that having a Heavy Goods Vehicle (HGV) driving licence does not make a person ineligible to drive a Light Motor Vehicle (LMV), as section 7 of the Motor Vehicles Act provides for a minimum one-year-old LMV licence as a pre-requisite for HGV licence.Justice Shivkumar Dige set aside a judgment by which the Motor Accident Claims Tribunal refused to hold...
Waiver Of Arbitrator's Ineligibility Must Be Made By Agreement In Writing, Section 12(5) Does Not Provide For Deemed Consent: Bombay High Court
The Bombay High Court single bench of Justice RI Chagla held that the ineligibility of the arbitrator could only be waived if both parties agree by an express agreement in writing as per Section 12(5) of the Arbitration Act. Parties' consent cannot be implied otherwise. Brief Facts: The Petitioners entered into a User Car Dealer/DSA Agreement (“Agreement”) with HDFC...
No Requirement Of Fresh Section 21 Notice For Re-Commencing The Arbitration After The First Award Is Set Aside Under Section 34: Bombay High Court
The High Court of Bombay has held that there is no requirement of Section 21 notice for re-commencing the arbitration after the first award is set aside under Section 34 of the A&C Act. The bench of Justice Bharati Dangre held that in such a situation there would be no requirement of a fresh invocation notice as the opposite party would already be aware of the existence of the...
Bombay High Court Orders No Coercive Action Against Sameer Wankhede Till April 10 In NCB Probe Over Irregularities In Drugs Case Investigations
The Bombay High Court today granted temporary protection from coercive action to IRS officer Sameer Wankhede in an enquiry initiated by the Narcotics Control Bureau (NCB) regarding irregularities in drug cases investigated by him. A division bench of Justice Revati Mohite Dere and Justice Manjusha Deshpande directed the NCB to respond to Wankhede's petition against notices issued to him by...
ECI Has Already Taken Steps: Bombay High Court Dismisses PIL Seeking Directions On ECI To Create Voter Awareness For 'NOTA'
The Bombay High Court recently dismissed a PIL seeking directions to the Election Commission of India (ECI) to create awareness in public about the 'None of the Above' (NOTA) option on electronic voting machines (EVM). A division bench of Justice Ravindra V Ghuge and Justice RM Joshi noted that the petitioner, one Suhas Wankhede, had previously filed an identical PIL in which the court...
Detention Under MCOCA Can't Continue Despite Lawful Extension If Sanction To Prosecute Accused Rejected: Bombay High Court
The Bombay High Court held that once the competent authority under the Maharashtra Control of Organised Crimes Act, 1999 (MCOCA) denies sanction to prosecute an accused, their detention under MCOCA must be terminated, even if it had been lawfully extended earlier by the special MCOCA court.Justice NJ Jamadar granted default bail to four accused individuals under MCOCA, emphasizing that...
Maharashtra Govt's Action In Levying Stamp Duty On 'DO' Is Within Legislative Competence Of State: Bombay High Court
The Bombay High Court has held that the action of the Maharashtra Government in levying stamp duty on delivery orders (DO) is within the legislative competence of the state.The bench of Justice G.S. Patel and Justice Neela Gokhale has observed that the action of the State of Maharashtra in levying stamp duty on Delivery Orders (DO) as provided in Article 29 of Schedule I of the Maharashtra...
Patent Illegality | For Claim For Damages There Must Be Proof Of Actual Loss: Bombay High Court Stays Arbitral Award
The Bombay High Court single bench of Justice R.I. Chagla stayed an arbitral award noting that the Arbitrator contravened the settled law that for a claim for damages, there must be proof of actual loss which is sine qua non for such claim. It held that the Arbitrator failed to consider the proof of loss while awarding damages to the Claimant. Brief Facts: The...
Secured Creditor Registered With CERSAI Will Have Precedence Over VAT Authorities Against Proceeds Of Enforcement: Bombay HC
The Bombay High Court recently clarified that in a sale of a mortgaged asset, where the mortgage in favour of a secured creditor is registered prior in time with CERSAI, and the MVAT Authorities too have a charge, the proceeds of the enforcement of the mortgage would first go towards discharging the dues owed to the secured creditor. It is only the residue, if any, after discharging...