11 Additional Judges Of Bombay High Court Take Oath As Permanent Judges

Eleven additional judges were sworn in as permanent judges of the Bombay High Court in the Central Court Hall of the HC building. The swearing in ceremony was virtual for Judges presiding over High Court benches in Goa, Nagpur and Aurangabad.While the Chief Justice Devendra Kumar Upadhyaya administered oath to additional judges physically present in Mumbai, the senior-most judges at...

Minimum Three Bidders, Not Three Technically Qualified Bidders Needed For Competitive Tender Process: Bombay High Court

The Bombay High Court recently clarified that minimum of three bidders, not three technically qualified bidders, are required make a tender process competitive as per paragraph 4.4.3.1 of the Procurement Manual of the state.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor reasoned that tendering authorities cannot predict the technical qualifications of...

Domestic Violence | Court Can't Direct Parties To File Affidavit Of Assets & Liabilities In Appeal Against Final Trial Court Judgment: Bombay HC

The Bombay High Court held recently that the appellate court cannot direct parties to file affidavit of disclosure of assets and liabilities in proceedings challenging final judgment of the trial court in a domestic violence case.Justice Sharmila U Deshmukh clarified that such affidavits are only required at the interim stage for the purpose of deciding interim maintenance.“filing of...

Bombay High Court Issues Show Cause Notice For Contempt Against Borrower For Using “Extra- Judicial Pressure”

Observing that defaulting borrowers are increasingly taking law into their own hands, the Bombay High Court has directed certain borrowers to explain why contempt notices shouldn't be issued against them.A division bench of Justices BP Colabawalla and Somasekhar Sundaresan prima facie observed that even after handing over physical possession of the secured asset to the non-banking...

Where Arbitral Award In Nature Of Money Decree, Requirement Of 100% Deposit Of Award For Grand Of Stay: Bombay High Court

The Bombay High Court single bench of Justice R.I. Chagla held that where the arbitral award is in the nature of money decree, there is a requirement for deposit of 100% of the awarded amount for grant of stay. Further, it held that there is no distinction in the application of parameters between stays sought under Section 36(3) and Section 37 of the Arbitration Act, as neither...

Technical Difficulties Shouldn't Thwart Objectives Of Arbitral Proceeding: Bombay High Court Allows Petition For Replacement Of Arbitrator

The Bombay High Court single bench of Justice Bharti Dangre held although there might be an impression that with the legal termination of the arbitral tribunal's mandate upon the expiration of one year from the reference entry, as per Section 29A of the Arbitration and Conciliation Act 1996 there might be a technical difficulty. However, it held that such technicalities should not thwart...

Holi Colours: Pidilite Industries Gets Injunction Against Rang Rasayan & Others Over Rangeela Packaging

Following the Bombay High Court's intervention in a copyright suit filed by Pidilite Industries Limited, Rang Rasayan Pvt Ltd had undertaken to not manufacture, sell or distribute any products using packaging similar to Pidilite's "Rangeela" brand of colored powders for Holi.Justice Bharati Dangre further ordered the company to file details of the stock sold in the last one year. Pidilite...

Categorising Body Massager As Adult Sex Toy, Officer's Imagination, Not Covered Under 'Prohibited Goods': Bombay High Court

The Bombay High Court has held that categorising the body massager as an adult sex toy was purely the officer's imagination.The bench of Justice G. S. Kulkarni and Justice Kishore C. Sant has upheld the CESTAT's ruling, in which it was held that the view taken by the Commissioner was purely the Commissioner's imagination to categorise the item not as a body massager but as an adult sex toy....

Appropriately Sanctioned Work Order Can't Be Cancelled Due To Slackness Of Executing Agency, Can't Make Residents Suffer: Bombay High Court

Observing that residents cannot be penalised for authorities' delay in execution of works for public amenities, the Bombay High Court on Friday set aside cancellation of previously sanctioned works in Kasba Legislative Constituency, Pune and redirection of the funds to works in other constituencies.A division bench of Chief Justice Devendra Upadhyaya and Justice Arif Doctor struck down...

Time-Barred Claims Must Not Be Entertained, Doing So Would Perpetuate Injustice Than Serving Justice: Bombay High Court

The Bombay High Court single bench of Justice Bharati Dangre held that claims that are clearly time-barred must not be entertained, as doing so would perpetuate injustice rather than serving justice. The High Court held that even the slightest doubt regarding the timeliness of a claim warrants its referral to arbitration, as interfering in such matters would encroach upon the...

Variance In Allowable Deductions Doesn't Amount To Furnishing Inaccurate Particulars Of Income: Bombay High Court

The Bombay High Court has held that the assessee cannot be said to furnish inaccurate particulars of income merely for variance in allowable deductions.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the ITAT was of the view and rightly so that the assessee had made a bona fide claim under Section 36(1)(viii), as such deductions claimed are linked to the...

Plea In Bombay High Court Seeks Action Against BJP Legislators Nitesh Rane, Geeta Jain And T Raja For Hate Speech

A writ petition has been filed in the Bombay High Court seeking action against BJP MLAs Nitesh Rane, Geeta Jain (Maharashtra) and T Raja (Telangana) for allegedly delivering hate speeches and inciting the violence which erupted in January in Naya Nagar, Mira Road.The matter is likely to be heard on March 27, 2024.“if action is not taken against individual like MLA Nitish Rane, MLA Geeta...