Anti Defection Law | Bombay HC Seeks Attorney General's Reply On PIL Against Disqualification Protection To MP/MLAs In Event Of Political Parties Merger

The Bombay High Court on Wednesday issued notice to the Attorney General of India PIL challenging the exception from disqualification granted to MPs and MLAs under the anti-defection law in the event of their political party merging with another.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor sought the response of the Central government to the...

Insurance Company Liable Under 'Pay & Recover' Principle Despite Policy Cancellation If Intimation Not Received By Offending Vehicle's Owner: Bombay HC

The Bombay High Court has ruled that an insurance company, despite cancelling the policy, remains liable under the 'pay and recover' principle if the vehicle owner was not notified about such cancellation before the accident date.Justice Kishore C Sant sitting at Aurangabad dismissed an appeal filed by HDFC Ergo contesting a judgment of the Motor Accident Claims Tribunal, Jalgaon, directing it...

[S.60 Copyright Act] Inquiry Into 'Groundless Legal Proceedings' Can't Conclusively Determine Question Of Copyright Infringement: Bombay High Court

The Bombay High Court has recently held that an inquiry under Section 60 of the Copyright Act by the trial court, cannot partake the character of determination as to whether there is indeed no infringement of copyright since the same would tend to preempt and prejudge an action for infringement of copyright, which the owner may institute.Section 60 of the Copyright Act allows a person who...

Bombay High Court Weekly Round-up: December 11 To December 17, 2023

Nominal Index [Citation 577 - 591]Dadaso Balaso Awad and Anr. v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 577Nita Narendra Nadgouda v. M/s. Garuda Carriers and Shipping (P) Ltd. and Ors. 2023 LiveLaw (Bom) 578High Court of Judicature at Bombay on its own Motion v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 579High Court of Judicature at Bombay on its own Motion v. State...

Bombay High Court Grants Bail To Gautam Navlakha In Bhima Koregaon Case; Stays Order For 3 Weeks

The Bombay High Court has granted bail to senior journalist and activist Gautam Navlakha, an accused in the Bhima Koregaon- Elgar Parishad case over alleged Maoist links.The order was passed by a division bench headed by Justice AS Gadkari, making him the seventh accused to be granted bail in the case. After the NIA urged the court to stay the order for a period of six weeks, the court stayed...

Trial Court Order Refusing To Return Or Reject A Plaint Not Appealable Under Commercial Courts Act: Bombay High Court

The Bombay High Court recently held that no appeal is maintainable under the Commercial Courts Act, 2015 against an order of the court dismissing the defendant's application for rejecting or returning a plaint.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor observed that such orders are not specifically enumerated in Order 43 of the CPC which lists the kind...

Court Can't Return Plaint Based On Defendant's Suit In Another Court Sans Explicitly Recording Lack Of Jurisdiction: Bombay HC

The Bombay High Court recently held that the trial court cannot return a plaint merely on the ground that the defendant's suit is pending in another court and it would be desirable to try both suits together.Justice Sandeep V Marne set aside an order of the District Court, Kolhapur returning a plaint so that it could be filed in another court without explicitly giving a finding that the...

Bombay High Court Directs Dept. To Permit Amend In GSTR-1, Either Online Or Manual

The Bombay High Court has directed the department to permit the petitioner or assessee to amend or rectify Form GSTR-1 for the period July 2021, November 2021, and January 2022, either online or manually.The bench of Justice G. S. Kulkarni and Justice Jitendra Jain has observed that a bona fide, inadvertent error in furnishing details in a GST return needs to be recognized and permitted to...

Licensee Appointed As Telegraph Authority Can Determine Compensation For Using Land To Instal Electricity Transmission Line: Bombay High Court

The Bombay High Court recently held that a transmission licensee appointed as the Telegraph Authority also has the power to determine the compensation amount along with the power to pay compensation for using land for installing electricity transmission lines.Justice Avinash G Gharote of the Nagpur bench observed that the power to pay compensation under section 10(d) of the Indian Telegraph...

S.125 CrPC | Woman Who Married Man Under Misrepresentation That He Was Divorced Is Entitled To Maintenance As His 'Wife': Bombay High Court

A woman who married a man under the misrepresentation that he was divorced would be treated as his 'wife' under Section 125 CrPC, and she is entitled to maintenance, the Bombay High Court has recently held.Justice Rajesh Patil ruled "that respondent cannot be allowed to deny the maintenance claim to the Petitioner, taking advantage of his own wrong. I am of the opinion as held in Dwarika...

Bombay High Court Takes Suo Moto Cognizance Of Non-Production Of Undertrials, Directs State To Utilize Budget For VC Facilities Before March 31

The Bombay High Court on Wednesday took suo moto cognizance of the issue of non-production of the undertrial prisoners before the appropriate courts at various stages. Justice Bharati Dangre was dealing with a bail application by one Tribhuvansingh Raghunath Yadav, an accused in a forgery case who wasn't produced before the Metropolitan Magistrate Court in Andheri on 23 dates either physically...

Motor Accident Claims | Arrears Cannot Be Included In Calculation Of Salary For The Purpose Of Compensation: Bombay High Court

The Bombay High Court recently held that arrears cannot be considered while calculating a person's salary for the purpose of compensation for a motor accident.Justice Shivkumar Dige, while upholding enhancement of compensation to the family of a deceased in an accident, deducted the amount of arrears mentioned in his salary slip while calculating monthly income.“This salary slip shows...