Bombay High Court Annual Digest 2023: Part I [Citations 1-300]

Nominal Index [Citation 1 – 300]World Phone Internet Services Pvt. Ltd. v. One OTT Intertainment Ltd. In Centre 2023 LiveLaw (Bom) 1Lt. Col. Prasad Purohit v. National Investigation Agency 2023 LiveLaw (Bom) 2Vanashakti and Anr. v. Dharavi Redevelopment Project Slum Rehabilitation Authority and Ors. 2023 LiveLaw (Bom) 3Naresh s/o Netram Nagpure and Ors. v. State of Maharashtra 2023...

Dispute Can't Be Referred To Arbitration By One Partner Of The Firm In Absence Of The Others: Bombay High Court

The High Court of Bombay has held that a dispute related to the business of the firm cannot be referred to arbitration by a partner in absence of other partners. The bench of Justice Manish Pitale held that the implied authority granted to a partner does not extend to referring the dispute to arbitration in view of the bar under Section 19(2)(a) of the Partnership Act, 1932. The...

College Principal's Chamber A Public Place, Uttering Abusive Words To Colleagues Inside It An Obscene Act: Bombay High Court

The Bombay High Court's Nagpur bench recently restored an order passed by a Magistrate Court in Murtizapur, Maharashtra, issuing process against a college principal for offences under Sections 294 (obscenity), 504 (intentional insult to provoke breach of peace) and 506 (criminal intimidation) of the IPC.Justice Anil Pansare held that the words allegedly uttered by the Principal asking...

Juvenile Justice Act 2015 | No Insistence On DOB Certificate From First School Attended To Determine Juvenility Of Accused: Bombay High Court

An accused claiming to be a juvenile need not produce a Date of Birth (DOB) certificate from his 'first' school to determine his age and a certificate from any school he attended can be submitted under the new Juvenile Justice Act 2015, (JJ Act) the Bombay High Court held.Justice SM Modak set aside the trial court's order that adjudicated the accused's plea based on the old JJ Act and Rules....

Bombay High Court Declines To Vacate Ex Parte Injunction Restraining KLF Nirmal Industries From Using Blue Bottle Similar To Parachute Hair Oil

The Bombay High Court recently refused to vacate its ex-parte order restraining KLF Nirmal Industries from using for its coconut oil products blue packaging and label deceptively similar to that of Parachute Coconut Oil.Justice RI Chagla observed that KLF Nirmal Industries Pvt. Ltd. failed to prove that Marico Ltd, manufacturer of Parachute coconut oil, knowingly supressed its delay in...

Bombay High Court Weekly Round-Up: December 18 To December 24, 2023

Nominal Index [Citation 592 - 606]Shreem Electric Limited v. Transformers and Rectifers India Ltd. and Ors. 2023 LiveLaw (Bom) 592Bank of India v. M/s. Maruti Civil Works 2023 LiveLaw (Bom) 593Manya Vejju v. Sapna Bhog 2023 LiveLaw (Bom) 594HDFC ERGO General Insurance Company Ltd. v. Nayajoddin Nijamuddin and Ors. 2023 LiveLaw (Bom) 595Dr. Sublendu Prakash Diwakar v. State of Maharashtra...

Fundamental Right to Travel Abroad, Authority Can't Cite Ongoing Dispute Over Applicant's Address To Deny Passport: Bombay High Court

The Bombay High Court recently directed the Regional Passport Officer, Mumbai to renew the passports of a woman and her two sons, which were earlier rejected by the Passport Authority due to objections raised by the woman's brother-in-law over the address mentioned by them in their passport applications.Delivering the judgement, Justices AS Chandurkar and Firdosh P. Pooniwalla stated, "A...

Lawyers Who Sign Pleadings Which 'Scandalise' Court Without Existence Of Adequate Grounds Can Be Held Liable For Contempt: Bombay High Court

An advocate who signs an application or pleading with scandalous remarks against the Court without reasonable grounds to create an artificial situation so that the matter was recused by a judge may be liable for a contempt action, the Bombay High Court reiterated while contemplating action against two lawyers and issuing contempt notice against their client.The division bench comprising...

Remedy Under SARFAESI Act Is Not A Bar To Arbitration, Both Remedies Work In Tandem: Bombay High Court

The High Court of Bombay has held that the remedy under the SARFAESI Act is not a bar to the arbitration proceedings. It held that both the remedies are for different stages of debt recovery and work in tandem. The bench of Justice Manish Pitale held that SARFAESI Act does not contain any provision for the crystallization of the debt and all the proceedings under the Act is only for...

Debt Owed To Financial Institutions Under SARFAESI Is Arbitrable, Not Debt Under RDDB Act: Bombay High Court

The High Court of Bombay has held that a debt owed to a financial institution covered only under the SARFAESI Act is arbitrable, however, a debt owed to a financial institution to which the provisions of RDDB Act also applies is non-arbitrable. The bench of Justice Manish Pitale while distinguishing both the acts held that the proceedings under RDDB Act contains exhaustive provisions...

Bombay High Court Refuses To Suspend Artist Chintan Upadhyay's Sentence, Says Evidence Supports Co-Accused's Confession, Bail Wasn't Granted On Merits

The Bombay High Court refused to suspend sentence of artist Chintan Upadhyay observing that the confession of co-accused Pradeep Rajbhar, which implicated Upadhyay, was supported by corroborating evidence and was true and voluntary. A division bench of Justice Revati Mohite Dere and Justice Gauri Godse dismissed the application for sentence suspension filed by Upadhyay, who was convicted in...

Borrower Receiving Loan In Cash Liable For Cheque Dishonour Even If Loan Amount Was Beyond Limit For Cash Transactions Under IT Act: Bombay HC

The Bombay High Court recently held that a borrower who received loan in cash is liable for dishonour of cheques issued towards repayment even if the loan amount was beyond the permissible limit for cash transactions under the Income Tax Act.Section 269-SS of the IT Act bars receipt of loan or deposit of more than Rs. 20,000 in cash.Justice PK Chavan, convicted a woman in a cheque bounce...