Grievance Body Of Slum Rehabilitation Authority Cannot Review Its Earlier Order Under The Guise Of Speaking To Its Minutes: Bombay High Court

The Bombay High Court held recently that the Apex Grievance Redressal Committee (AGRC) of the Slum Rehabilitation Authority (SRA) cannot review its own order in the guise of speaking to the minutes of the order.Justice Madhav J Jamdar quashed an Order passed by the AGRC while speaking to the minutes of its earlier order. AGRC, in the modified order, had directed the parties to register...

Bombay HC Quashes Proclamation Order Against Police Naik Accused Of Raping Lady Police Naik, Says At Least 30 Days Notice Needed For Court Appearance

The Bombay High Court recently quashed a proclamation order against a Police Naik allegedly absconding after raping and threatening a female Police Naik who used to work with him.Justice Sarang V Kotwal observed that the accused has to be given at least 30 days to appear from the date of publication of the proclamation, as per section 82 of the CrPC.“All the above three orders have taken...

Bombay High Court Orders Inquiry Upon Noting That Excise Officials Illegally Seized Chemical Company's Ethanol At Behest Of Competitors

The Bombay High Court recently ordered the Additional Chief Secretary, Maharashtra Excise Department, to conduct an inquiry into excise officials who seized a company's ethanol despite it not being a contraband as per Bombay Prohibition Act.A division bench Justice GS Kulkarni and Justice Jitendra Jain in a writ petition observed that the excise officials appeared to have acted on the behest...

Bombay High Court Declines Interim Injunction In Favour Of Phonographic Performance Ltd In The Case Of Hi-Lite Realtors' New Year's Event

The Hon'ble Bombay High Court bench of Justice R I Chagla, has declined to grant an ad-interim injunction to Phonographic Performance Limited (PPL), in a copyright infringement suit seeking a stay on the use of their protected sound recordings by Hi-LITE Realtors (India) LLP (defendants, for an upcoming New Year's Eve event organised in Kerala on December 31, 2023. In the...

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...