Bombay High Court
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?...
Cheque Dishonour | Wife Not Signatory, Cannot Be Held Liable For Cheque Signed & Given By Husband From Joint Account: Bombay High Court
The Bombay High Court recently quashed and set aside process and summons issued to a woman by the Magistrate's court in a cheque bounce case, noting that only her husband was a signatory to the cheque.Justice Sarang Kotwal quoted the judgement of the Supreme Court in Aparna A. Shah vs M/S. Sheth Developers Pvt. Ltd. “We also hold that Under Section 138 of the N.I. Act, in case of issuance...
Bombay High Court Denies Regularisation To Senior Citizen Under Employment Guarantee Scheme, Enhances Compensation Due To 37 Yrs Of Litigation
Observing that workers under the Employment Guarantee Scheme (EGS) are not entitled to continued employment or regularisation, the Bombay High Court refused to grant absorption in service to a 60-year-old man who worked for two years under EGS as a Mustering Assistant.A division bench of Justice Ravindra V Ghuge and Justice YG Khobragade sitting at Aurangabad observed, “…workers working...
'Supreme Court Direction Must Be Implemented': High Court Directs Maharashtra Govt To Regularize Employment Of 'Court Managers'
The Bombay High Court recently directed the State Government to implement a 2018 direction of the Supreme Court in “All India Judges Association Vs. Union of India,” which directed the regularisation of employment of Court Managers responsible for handling the administration of all courts across Maharashtra.Court Managers are MBA graduates whose assistance in administration is meant to...
Bombay High Court Set Aside Reassessment Proceedings Alleging Escapement Of Income On Transfer Of Leasehold Rights
The Bombay High Court has quashed the reassessment proceedings alleging escapement of income on transfer of leasehold rights.The bench of Justice K.R. Shriram and Justice Neela Gokhale has observed that if the amount was already considered in the subsequent AY and the assessment order was also passed, the question of escapement of income for the same amount in the previous AY will not arise...
Bombay High Court Quashes Corruption Case Against Forest Officer Upon Finding Forest Dept Was Dictated By Law Dept In Sanctioning Prosecution
The Bombay High Court recently held that the sanctioning authority for a corruption case cannot exercise its power influenced by the dictation of others.Justice Bharati Dangre quashed a corruption case against a Range Forest Officer (RFO) upon observing that the sanction to prosecute him was invalid as the Forrest Department, while of the clear opinion that he couldn't be prosecuted,...
Teacher Allegedly Working In Two Places With Connivance Of Headmaster No Ground To Appoint Administrator Over School: Bombay High Court
The Aurangabad bench of the Bombay High Court recently set aside a state government order appointing an administrator over an Ashram School in Nanded District on the ground that one of the teachers had secured employment elsewhere with the connivance of the headmaster.A division bench of Justice Mangesh S Patil and Justice Neeraj P Dhote held that the order is unsustainable as the reason for...
Court U/S 37 Of The A&C Act Can’t Undertake An Independent Assessment Of Arbitral Award,: Bombay High Court
The High Court of Bombay has held that under Section 37 of the A&C Act, the challenge must be related to the impugned order passed under Section 34 of the Act and not merely to the arbitral award. It held that it is incumbent upon a party to point out errors in the order under Section 34 to make out a case in appeal under Section 37. The bench of Chief Justice Devendra...
Bombay High Court Declines To Restrain Use Of 'ANNA' Trademark, Cites Plaintiff's Stand Of Dissimilarity During Registration Stage
The Bombay High Court recently declined to temporarily restrain a Pune restaurant from using the trademark 'ANNA' in an infringement suit, upon finding that during the registration stage, the plaintiff had told the Trademarks Registry that there was no similarity between his mark 'ANNA IDLI GRUHA' and the defendant's mark 'ANNA. In dismissing the plaintiff's plea for a temporary...
'Producing Undertrials To Court Physically Is Cumbersome': Bombay HC Advocates Use Of VC Facility To Ensure Their Presence
The Bombay High Court recently observed that the physical production of undertrial prisoners to the court can be 'cumbersome', and that their production could be ensured using a Video Conferencing (VC) facility with dedicated links for prison authorities and time schedules communicated in advance.“At various stages it may not be necessary to produce the accused, as production of the...
Bombay HC Rebukes SEBI For Non-Compliance With Court Order, Says Being A Public Body It Must Inspire Confidence Of Investors, Court
The Bombay High Court on Friday pulled up the Securities and Exchange Board of India (SEBI) for not complying with the Court's order directing it to furnish documents concerning proceedings initiated against Bharat Nidhi Ltd (BNL), a company owned by Times Group MD Vineet Jain.A division bench of Justice GS Kulkarni and Justice Jitendra Jain, while directing SEBI to comply with the...
Electricity Connection On Particular Address Not Proof Of Ownership, Legality Of Construction: Bombay High Court
A division bench of Justices Gautam S Patel and Kamal Khata of the Bombay High Court has held that an electricity bill or connection on a certain address is not proof of ownership or legality of construction.An electricity distribution licensee cannot possibly assess questions of title of the property and check if the apartment or units have the necessary planning permissions, the court said....