Remedy Under SARFAESI Act Is Not A Bar To Arbitration, Both Remedies Work In Tandem: Bombay High Court

The High Court of Bombay has held that the remedy under the SARFAESI Act is not a bar to the arbitration proceedings. It held that both the remedies are for different stages of debt recovery and work in tandem. The bench of Justice Manish Pitale held that SARFAESI Act does not contain any provision for the crystallization of the debt and all the proceedings under the Act is only for...

Debt Owed To Financial Institutions Under SARFAESI Is Arbitrable, Not Debt Under RDDB Act: Bombay High Court

The High Court of Bombay has held that a debt owed to a financial institution covered only under the SARFAESI Act is arbitrable, however, a debt owed to a financial institution to which the provisions of RDDB Act also applies is non-arbitrable. The bench of Justice Manish Pitale while distinguishing both the acts held that the proceedings under RDDB Act contains exhaustive provisions...

Bombay High Court Refuses To Suspend Artist Chintan Upadhyay's Sentence, Says Evidence Supports Co-Accused's Confession, Bail Wasn't Granted On Merits

The Bombay High Court refused to suspend sentence of artist Chintan Upadhyay observing that the confession of co-accused Pradeep Rajbhar, which implicated Upadhyay, was supported by corroborating evidence and was true and voluntary. A division bench of Justice Revati Mohite Dere and Justice Gauri Godse dismissed the application for sentence suspension filed by Upadhyay, who was convicted in...

Borrower Receiving Loan In Cash Liable For Cheque Dishonour Even If Loan Amount Was Beyond Limit For Cash Transactions Under IT Act: Bombay HC

The Bombay High Court recently held that a borrower who received loan in cash is liable for dishonour of cheques issued towards repayment even if the loan amount was beyond the permissible limit for cash transactions under the Income Tax Act.Section 269-SS of the IT Act bars receipt of loan or deposit of more than Rs. 20,000 in cash.Justice PK Chavan, convicted a woman in a cheque bounce...

Additional Fees For Changing Slum Developer's Structure Not Applicable When Owner Inducts Legal Heirs As Partners: Bombay High Court

The Bombay High Court recently held that additional fees applicable for changing the structure of a slum developer company/firm and inducting third parties is not applicable when the owner inducts his legal heirs as partners in order to ensure smooth transition after his death.Justice Milind N Jadhav quashed an order of the Slum Development Authority (SRA) directing a slum developer to...

Bombay High Court Restrains Performance Of Copyrighted Songs In New Year 2024 Event At Lucknow's Ramada Hotel

The Bombay High Court on Friday granted ad-interim injunction against playing of copyrighted songs without license in the New Year 2024 event to be organized at Ramada Hotel, Lucknow.Justice RI Chagla granted the relief to Phonographic Performance Ltd. (PPL) in its infringement suit against Kaamakazi Solution Pvt. Ltd, the organizer of the event.“In my view, in the absence of ad-interim...

No Detention Centres, Held In Police Station For Over A Month: Bombay High Court Stays Deportation of Yemeni Refugee, Orders Temporary Release

The Bombay High Court has stayed the deportation of a Yemeni National and ordered his immediate release from the custody of the Pune police. He was detained by the police on 6th November 2023 under the Foreigners Act.A division bench comprising Justices Revati Mohite Dere and Gauri Godse observed that the Yemeni National – Fahd – was detained at the police station for one month and 18...

Maratha Candidates Who Applied For Govt Jobs Under SEBC In 2019 Can Be Considered Under EWS Category: Bombay High Court

The Bombay High Court on Friday set aside the Maharashtra Administrative Tribunal's (MAT) February 2023 order barring candidates from the Maratha community from being considered for government jobs under the Economically Weaker Sections (EWS) category in the recruitment processes of 2019.A division bench of Justice Nitin Jamadar and Justice Manjusha Deshpande upheld the state...

Action Of Customs Assistant Commissioner In Selling Gold Jewellery Belonging To Assessee Is Illegal: Bombay High Court

The Bombay High Court has held that the action on the part of the Assistant Commissioner of Customs in disposing of or selling the gold jewellery belonging to the petitioners or assessee subject matter of the proceedings was illegal and unconstitutional.The bench of Justice G. S. Kulkarni and Justice Jitendra Jain has directed the respondents or department to restore to the petitioners...

POCSO Cases| Bombay HC Directs State Govt To Formulate Guidelines For Conducting Test Identification Parades, Ensure Victim's Confidentiality

The Bombay High Court on Tuesday directed the state government to frame guidelines for conducting test identification parades (TI parades) in cases under the Protection of Children from Sexual Offences (POCSO) Act, 2012.A division bench of Justice Vibha Kankanwadi and Justice Abhay S Waghwase sitting at Aurangabad also directed the state to come up with a standard operating procedure (SOP)...

Victim Can't Appeal U/S 14-A SC/ST Act Against Acquittal/Bail In Cases Involving Offences Under Both POCSO & SC/ST Acts: Bombay High Court (FB)

The Bombay High Court on Tuesday held that in cases involving offences under both the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) and the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), a victim does not have the right to file an appeal under Section 14-A of the Atrocities Act against acquittal or bail.A Full Bench of Justice Mangesh...

Bombay High Court Grants Bail To Murder Accused Held For 5 Years Without Framing Of Charges

The Bombay High Court, on Wednesday granted bail to an accused in a murder case citing his prolonged incarceration without the framing of charges for the past five years. Justice Bharati Dangre while granting bail to one Javed Ansari, stated “Though the material in the charge-sheet indicate the Applicant's active participation in the subject C.R., if the concerned Court on account of the...