Acting On Non-Advertised And Non-Publicized Tender Condition Amounts To Denial Of Opportunity To Eligible Bidders: Bombay High Court

The Bombay High Court recently observed that processing of tenders as per a tender condition which was neither publicized nor made part of the tender document amounts to denial of opportunity to eligible bidders and can be challenged under Article 226 of the Constitution.The division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor temporarily restrained the...

Court Can Extend Period Of Arbitral Tribunal Even If Application Is Made After Time Limit: Bombay High Court

The High Court of Bombay has held that Section 29A permits the court to extend the mandate of the arbitral tribunal even when the application is made after the expiry of time limit provided therein.The bench of Justice Manish Pitale clarified that Section 29A(4) allows the Court to extend the arbitrator's mandate either before or after the specified period's expiry, provided sufficient...

Bombay High Court Weekly Round-up: November 26, 2023 To December 03, 2023

Nominal Index [Citation 547 - 560]Savita Shrimant Ghule v. Sangita Bibhishan Sanap & Ors. 2023 LiveLaw (Bom) 547AjitSingh Ghorpade v. State of Maharashtra & Ors. 2023 LiveLaw (Bom) 548Rohit s/o Chandrakant Bhagat v. State of Maharashtra 2023 LiveLaw (Bom) 549L&T Finance Limited v. Diamond Projects Limited 2023 LiveLaw (Bom) 550Anandrao G Pawar v. Municipal Corporation of...

'Can't Allow Weaponization Of Writ Jurisdiction In Private Dispute': Bombay HC Junks Padma Shri Awardee's Plea Alleging Illegal Repairs

The Bombay High Court dismissed a petition by Padma Shri awardee Mustansir Barma alleging illegal repairs by the owner of ground floor of a building in Colaba observing that the court cannot permit writ jurisdiction to be “weaponized” by delving into disputed questions of fact.A division bench of Justice GS Patel and Justice Kamal Khata deemed the issue a private dispute and observed...

Bombay High Court Monthly Digest: November 2023 [Citations 519 - 552]

Nominal Index [Citation 519 - 552]Matrix Publicities and Media India Pvt. Ltd. v. Deputy Commissioner of Income Tax Circle- 16(1), Mumbai & Ors. 2023 LiveLaw (Bom) 509Bapu Bajarang Patil v. State of Maharashtra 2023 LiveLaw (Bom) 510Chandralok People Welfare Association v. State of Maharashtra 2023 LiveLaw (Bom) 511Kiran P. Pawar v. Bata India Ltd. 2023 LiveLaw (Bom) 512ABC v. XYZ...

Bombay High Court Stays Criminal Proceedings Against Photographer For Allegedly Distributing Client's Photos On Objectionable Websites

The Bombay High Court recently stayed criminal proceedings initiated against a professional photographer for allegedly uploading photos of a classical dancer on the internet, which allegedly led to their distribution on objectionable websites.A division bench of Justice Prakash D Naik and Justice NR Borkar granted interim relief in a writ petition for quashing of the case stating –...

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues

The Bombay High Court on Wednesday dismissed a habeas corpus petition filed by a 41-year-old UK citizen seeking custody of his 3-year-old daughter from his estranged wife, an Indian citizen.A division bench of Justice Revati Mohite-Dere and Justice Gauri Godse, while rejecting the plea, emphasized that it would not be safe to hand over custody to the father due to his reported anger issues...

Tax Can't Be Imposed Presuming Possible Order Of The Small Causes Court: Bombay High Court

The Bombay High Court has held that one cannot tax the amount that has not accrued to the assessee and has not been received by the assessee on the assumption and presumption that in the future, the small Causes court will at least order the said sum in favour of the appellant or assessee.The bench of Justice G.S. Kulkarni and Justice Jitendra Jain has observed that the determination of...

Bombay High Court Introduces Auto-Listing Of Fresh Matters On Trial Basis

The Principal Bench (at Mumbai) of the Bombay High Court will initiate auto-listing for freshly filed cases before specific benches from December 11, 2023. The High Court Registrar issued a notice on December 5, outlining the details of this new protocol.According to the notice, freshly filed matters will be automatically listed for hearing in a supplementary cause list before specific judges...

Bombay High Court Refuses Bail To Sadanand Kadam, 'Close Aide' Of Shiv Sena (UBT) MLC Anil Parab In Dapoli Resort Case

The Bombay High Court on Monday refused bail to Sadanand Kadam, a close associate of Shiv Sena (UBT) MLC Anil Parab, accused in a money laundering case in connection with the construction of an allegedly illegal resort named 'Sai Resort' in Dapoli, situated in Maharashtra's Ratnagiri district.Justice MS Karnik pronounced the order. The Enforcement Directorate (ED) arrested Kadam in March 2023...

Bombay High Court Dismisses Petition Filed By Serum Institute Of India Challenging 2016 Amendment To Income Tax Act

The Bombay High Court has dismissed a petition filed by Serum Institute of India Pvt. Ltd. challenging a 2016 amendment to the Income Tax Act.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the amendment to Section 2(24) by insertion of the impugned sub-clause that includes various subsidies and concessions only indicates the well-established jurisprudential...

Nothing More Tragic Than This: Bombay High Court On Fire Outbreak In Mumbai's Girgaon, Pulls Up State Over Delay In Notifying Safety Rules

The Bombay High Court on Wednesday pulled up the state government for the delay in notifying safety rules to curb man-made disasters such as fire outbreaks in vulnerable buildings. The recommendations of the Expert Committee constituted on the court's order have been pending before the government since February 2023. “This is not done. I am sitting here to prompt you? Is it our job?...