Bombay High Court
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....
Bombay High Court Directs Seizure Of SE Oil Products' Soya Bean Oil Upon Finding Trademark Deceptively Similar To Patanjali's Marks
The Bombay High Court recently appointed a court receiver and directed immediate seizure of the refined soya bean oil produced by SE Oil Products Pvt Ltd as its trademark was 'deceptively similar' to the trademark of Patanjali Food Ltd.In an ex-parte ad-interim order, Justice RI Chagla observed that prima facie, SE's trademark was identical to Patanjali's registered trademark “TULSI”...
S.138 NI Act | Offence Can Be Compounded At Initial Stage Without Complainant's Consent, Provided They Are Duly Compensated
The Bombay High Court recently held that a court can compound the offence in check bounce cases without the complainant's consent provided that the accused applied for compounding in the initial stages of the case and the complainant was adequately compensated.Justice Anil Pansare of the Nagpur bench quashed a cheque bounce case against six out of twelve accused subject to the accused...
Bombay High Court Dismisses 20-Year-Old Testamentary Suit In Favor Of Actress Pooja Bedi, Her Aunts
The Bombay High Court dismissed a 20-year-old testamentary suit regarding the estate of actor Pooja Bedi's uncle -Bipin Gupta - after Bedi and her aunts proved that the impugned 'Will,' bequeathing everything to a trust, was a “sham and bogus.”Justice Milind dismissed a petition filed by Vasant Sardal seeking to execute Gupta's alleged Will dated September 4, 2003. Sardal was one of the...
Bombay High Court Orders Dept. To Refund Tax Deposited By HSBC Under Protest
The Bombay High Court has ordered the department to refund the tax deposited by HSBC under protest.The bench of Justice G. S. Kulkarni and Justice Jitendra Jain observed that once the amounts were deposited by the petitioner and retained by the department without the authority of law, the claim of the petitioner for refund could not have been denied. It was appropriate for the petitioner...
Advocates Should Possess Up-To-Date Knowledge, Not Cite Any Decisions Which Are No Longer Good In Law: Bombay High Court
An advocate should have updated knowledge of the law and not cite any case which is no longer good law, the Aurangabad Bench of the Bombay High Court has recently observed.A division bench of Justice Vibha Kankanwadi and Justice Abhay S Waghwase while upholding a man's conviction for murdering his own daughter, observed that his advocate relied on an outdated judgment to challenge the...
Tenants' Limited Right To Seek Building Repair Can't Obliterate Landlord's Right To Redevelop It: Bombay High Court
The Bombay High Court has held that tenants cannot stretch their limited right to reconstruct or repair a dilapidated building in order to obstruct the property owner/landlord from redeveloping his property. Ruling in favor of the petitioner/landlord, division bench of Justice GS Patel and Justice Kamal Khata set aside the no-objection certificate ("NOC") and subsequent repair permissions...
Advocate Somasekhar Sundaresan Sworn-In As Additional Judge Of Bombay High Court
On Tuesday Advocate Somasekhar Sundaresan was sworn in as Additional Judge of the Bombay High Court after Chief Justice Devendra Kumar Upadhyaya administered the oath of office upon him.Only recently the Centre had notified his appointment as an additional judge of the Bombay High Court.The Collegium of Bombay High Court recommended the name of Advocate Sundaresan for elevation on October 4...
N.N. Global Judgment Does Not Affect The Power Of Court To Grant Interim Measures Under Section 9 Of The A&C Act Despite Inadequacy/Insufficiency Of Stamp Duty: Bombay High Court
The High Court of Bombay has held that the judgment of the Constitution Bench in N.N. Global does not affect the power of Court to grant interim measures under Section 9 of the A&C Act despite the non-payment or insufficiency of payment of stamp duty on the arbitration agreement or the main agreement containing the arbitration clause. The bench of Justice Bharati Dangre held...
Victim Or Guardian In POCSO Case Not Obligated To Appear Before Court In Appeals And Application For Sentence Suspension: Bombay High Court
The Bombay High Court recently clarified that the child victim of offenses under the Protection of Children from Sexual Offences (POCSO) Act or their guardians are not obligated to appear before the court in appeals or applications for suspension of sentence by the convict.Justice Anil Pansare of the Nagpur Bench observed that confusion has arisen among advocates, investigating agencies,...
Info Obtained From Social Media Can't Form Part Of Pleadings: Bombay High Court Dismisses PIL Seeking Protection From 'Unsafe Water Bodies'
The Bombay High Court has recently observed that pleadings in public interest litigations shouldn’t simply contain information gathered from social media.A division bench of Chief Justice D K Upadhyaya and Justice Arif Doctor refused to hear a plea by advocate Ajitsingh Ghorpade seeking directions for appropriate measures to safeguard people from waterfalls and water bodies, claiming that...
Maha Village Panchayats Act | No Confidence Motion Against Sarpanch Valid Sans Formal Proposal & Seconding If Passed By 3/4th Majority: Bombay HC
The Bombay High Court recently held that a No Confidence Motion against Sarpanch and Upa Sarpanch would be valid even without being formally proposed and seconded as long as it was passed by the required majority and fulfilling all requirements under section 35 of the Maharashtra Village Panchayats Act.Justice Madhav Jamdar upheld the No Confidence Motion passed against the Sarpanch...