Bombay High Court
Mumbai Air Pollution: Bombay High Court Bans Bursting Of Firecrackers, Except Between 7 PM To 10 PM
The Bombay High Court today directed the Municipal Corporations of the Mumbai Metropolitan Region to ensure that firecrackers are not burst beyond the period of 7 PM to 10 PM in light of the poor air quality index.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Girish Kulkarni issued a slew of directions to immediately address the air quality index in a Suo Motu...
Issue Of Non-Stamping Of Arbitration Agreement Not Raised Before The Arbitrator, Cannot Be Raised Subsequently Under Section 34 Or 37 Of The A&C Act: Bombay High Court
The High Court of Bombay has held that if the issue of non-stamping or insufficient stamping of the arbitration agreement is not raised before the arbitrator or on the first possible opportunity, then it cannot be raised subsequently under Section 34 or 37 of the A&C Act. The bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S. Doctor held that...
An Arbitral Award Cannot Be Challenged In Appeal On Entirely New Grounds Which Were Not Taken Under Section 34 Of The A&C Act: Bombay High Court
The High Court of Bombay has held that an appeal to challenge an arbitral award cannot be on entirely new grounds. It held that grounds which were not taken before the Court under Section 34 of the A&C Act cannot be taken in appeal. The bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S. Doctor held that an arbitration award cannot be challenged on afresh grounds...
Merely Stating EVM Was Defective Would Not Invalidate Election Without Proof Of Material Impact On Outcome: Bombay High Court
The Bombay High Court on Saturday held that merely stating that the Electronic Voting Machine had a defect would not invalidate an election in absence of proof that this defect materially influenced the outcome of the election.A division bench of Justice AS Chandurkar and Justice Vrushali V. Joshi sitting at Nagpur refused to quash election of a Sarpanch who won by one vote in a plea...
Bombay High Court Monthly Digest: October 2023
Nominal Index [Citation 464 - 508]Wynk Ltd. v. Tips Industries Ltd. 2023 LiveLaw (Bom) 464Dolby Builders Private Ltd. and Anr. v. Municipal Corporation of Greater Mumbai and Ors. 2023 LiveLaw (Bom) 465Maharashtra Rajya Apang Karmachari Sanstha v. State of Maharashtra & Ors. 2023 LiveLaw (Bom) 466Sunil s/o Fattesing Sable v. State of Maharashtra 2023 LiveLaw (Bom) 467State of Maharashtra...
Octroi Department Employees Of Municipal Corp Have No Vested Right To Commission On Fee Collected From Evaders: Bombay High Court
The Bombay High Court recently held that employees posted in the Octroi department of a Municipal Corporation do not have any right to receive commission (Mushahira) on compromise fee collected by the department from Octroi evaders.Justice Sandeep V Marne observed that the employees cannot demand commission for performing their duties of apprehending evading vehicles and collecting...
Disclosure Would Endanger Life Of Judges: Bombay High Court Denies RTI Information On Structural Audit Report Of Its Building
The Bombay High Court has refused to provide a report of its structural audit sought under the Right to Information Act citing danger to its judges.“…the disclosure of the same would endanger the life or physical safety of Hon'ble Judges and Officials of the Hon'ble Bombay High Court,” the reply stated.Environmentalist Zoru Bhathena said he had sought a copy of the Structural Audit...
S.438 CrPC | Accused In Custody Not Precluded From Seeking Anticipatory Bail In Another Case: Bombay High Court
An accused in custody in one case can seek anticipatory bail in another case under Section 438 of the CrPC, the Bombay High Court has held and granted pre-arrest bail to an accused in a forgery case.“I am impelled to hold that the fact that the applicant is already in custody in one case does not preclude him from seeking prearrest bail in connection with another case in which he...
A Party Cannot Be Allowed To Take Advantage Of Inartistic Drafting Of Arbitration Clause As Long As The Intention To Arbitrate Is Clear: Bombay High Court
The High Court of Bombay has held that a party cannot be allowed to take advantage of inartistic or poor drafting of an arbitration clause as long as the clause contains the necessary ingredients and the intention to arbitrate is clear. The bench of Justice Manish Pitale also held that a Court exercising power under Section 9 of the A&C Act would be within its power to scrutinize...
Father Can't Be Accused Of Kidnapping For Taking Child Away From Mother In Absence Of Any Prohibition From Competent Court: Bombay High Court
The Bombay High Court recently held that a father cannot be held guilty of kidnapping for taking his minor child away from the mother unless there is an order of a competent court preventing him from taking custody of the child.A division bench of Justice Vinay Joshi and Justice Valmiki SA Menezes sitting at Nagpur quashed an FIR registered under Sections 363 of the IPC by the biological...
Bombay High Court Grants Compensation To BATA Salesmen Fired For Opposing Showrooms Opening 7 Days A Week With Extended Hours
The Bombay High Court on Wednesday awarded compensation ranging from 19.5 lakhs to 33 lakhs to seven former salesmen of shoe company Bata who were terminated in 2007 after refusing to adhere to modified roster for operating showrooms seven days a week with extended hours.Justice Sandeep V Marne observed that they were terminated without any enquiry but refused to reinstate them observing that...
Tenants Can Reconstruct Demolished Premises Without NOC From Landlord, Recover Costs If Owner Fails To Redevelop: Bombay High Court
The Bombay High Court has allowed tenants to reconstruct their demolished premises under Section 499 (6) of the Mumbai Municipal Corporation Act sans the landlord’s permission, and recover costs from him in the absence of a redevelopment plan within a year of demolition.However, the division bench comprising Justices Gautam Patel and Kamal Khata clarified that the tenants wouldn’t be...