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...

'No Sane Man Would Believe It': Bombay HC Grants Bail To Accused Who Allegedly Raped Victim In Broad Daylight At Crowded Juhu Chowpatty

The Bombay High Court granted bail to a watchman accused of raping a house help behind a rock at Juhu Chowpatty in May 2021 after the court found the woman's version of events to be prima facie un-believable. Justice Prithviraj K. Chavan stated, "Since the victim was major at the time of alleged offence, prima facie, it does not appeal to one's mind that in a broad daylight at a...

No Contributory Negligence By Car Driver Who Rammed Into Truck From Behind Due To Non-Functional Brake Lights: Bombay High Court

The Bombay High Court has held that if a truck's brake lights or taillights are not working and a car rams into it from behind, the driver of the car vehicle is not liable for any negligence contributing to the collision. Justice Shivkumar Dige set aside an order of the Motor Accident Claims Tribunal which held the deceased 50% responsible for the accident. The court...

[Domestic Violence Act] Bombay High Court Upholds ₹3 Crores Compensation For Woman Whose Husband Called Her “Second-Hand”

The Bombay High Court recently upheld a trial court's order directing a man to pay Rs. 3 crores compensation to his ex-wife for various acts of domestic violence including calling her “Second Hand” as her engagement with another person was called off.Justice Sharmila U. Deshmukh rejected the man's revision application against the orders observing –“Although the abuse will...

No By-Election For Akola West Assembly Constituency: Bombay High Court Quashes ECI's Notification

The Bombay High Court on Tuesday quashed the Election Commission of India's (ECI) by-election notification for the Akola West Assembly Constituency, Maharashtra and held that there will be no bye-poll for the constituency. A division bench of Justice Anil S Kilor and Justice MS Jawalkar sitting at Nagpur noted that the incoming member would have a term of less than a year till the expiry of...

Bombay High Court Orders Legal Action Against Doctor For Gross Negligence In Postmortem Procedure

The Bombay High Court recently ordered the Secretary of Health, Government of Maharashtra, and the Commissioner of Police, Thane to take legal action against a medical officer for gross negligence in conducting the postmortem of a deceased in a murder case.“The Secretary, Health, Government of Maharashtra as well as Commissioner of Police Thane are directed to take cognizance of the said...