Bombay High Court
Give Laptops/iPads To Prosecutors For Effective Implementation Of E-Filing System: Bombay High Court
The Bombay High Court on Tuesday sought intervention of Advocate General of Maharashtra Dr. Birendra Saraf to ensure that necessary infrastructure is available to implement the e-filing system effectively. Justice MS Karnik observed that providing laptops to prosecutors is essential for effective implementation of e-filing mechanism.“To make the mechanism of E-fling efective, it is...
Bombay High Court Quashes FAO Order Passed After Two Years Of DRP Direction Against Vodafone Idea
The Bombay High Court has held that the assessment order dated August 31, 2023, passed by the Faceless Assessing Officer (FAO) two years after the Dispute Resolution Panel (DRP) directions, is time-barred and cannot be sustained.The bench of Justice K. R. Shriram and Justice Neela Gokhale has strongly recommended that a detailed inquiry be initiated on the failure on the part of the...
PMLA | SC Judgment In 'Pankaj Bansal' On Informing Grounds Of Arrest In Writing Applies Prospectively: Bombay High Court In Naresh Goyal’s Case
Refusing relief to Jet Airways founder Naresh Goyal in the money laundering case, the Bombay High Court held that the Supreme Court’s recent judgement in Pankaj Bansal’s case on giving the accused a physical copy of the grounds of arrest would apply only prospectively.In a habeas corpus plea filed through his wife, Goyal contended he was not provided the Grounds of Arrest in writing...
S.353 IPC | High Court Disposes Plea Against Enhanced Punishment In Maharashtra For Deterring On Duty Public Servant, Says Govt Committee Reviewing
The Bombay High Court recently disposed of a writ petition challenging the constitutional validity of enhanced punishment in Maharashtra for assault or criminal force to deter a public servant from discharging duty.The Code of Criminal Procedure (Maharashtra Amendment) Act, 2017 enhanced the maximum punishment under section 353 from two years to five years and made the offence triable before...
Bombay High Court Weekly Round-up: October 30 To November 05, 2023
Nominal Index [Citation 506 - 516]Anandraj Manikam v. State of Maharashtra & Anr. 2023 LiveLaw (Bom) 506Nikhil Ashokrao Waghmare and Ors. v. State of Maharashtra and Anr. 2023 LiveLaw (Bom) 507Manik Chandru Deokar v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 508Matrix Publicities and Media India Pvt. Ltd. v. Deputy Commissioner of Income Tax Circle- 16(1), Mumbai & Ors....
No Scientific Method To Determine Age Of Ink Used In Writing: Bombay High Court Quashes Order Allowing Ink-Age Test On Disputed Cheque
Observing that there is no scientific method to determine age of the ink in a document, the Bombay High Court recently set aside sessions court order allowing an ink-age test by a handwriting expert on a disputed cheque in a cheque dishonour case.Justice Anil L Pansare of the Nagpur bench, in a writ petition challenging the sessions court order, relied on the expert opinion recorded by the...
Bombay High Court Refuses To Quash Arrest & Remand Of Jet Airways Founder Naresh Goyal In Money Laundering Case
The Bombay High Court on Tuesday dismissed the plea filed by Jet Airways founder Naresh Goyal seeking to quash his arrest and remand orders in the Rs. 538 Cr money laundering Case.A division bench headed by Justice Revati Mohite Dere dismissed Goyal's habeas corpus plea but said it would be open for Goyal to pursue other statutory remedies available to him and observations in the order...
Court Can Grant Mandatory Injunction At Interim Stage Under Section 9 Of The A&C Act When Builder Commits Multiple Breaches Eroding Housing Society’s Confidence In It: Bombay High Court
The High Court of Bombay has held that a Court exercising powers under Section 9 of the A&C Act can grant mandatory injunction at an interim stage when the builder is found to be in multiple breaches which results in the co-operative society losing its confidence in the builder. The bench of Justice Manish Pitale held that the relief of mandatory injunction at an interim stage is...
Mumbai Air Pollution: Bombay High Court Bans Bursting Of Firecrackers, Except Between 7 PM To 10 PM
The Bombay High Court today directed the Municipal Corporations of the Mumbai Metropolitan Region to ensure that firecrackers are not burst beyond the period of 7 PM to 10 PM in light of the poor air quality index.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Girish Kulkarni issued a slew of directions to immediately address the air quality index in a Suo Motu...
Issue Of Non-Stamping Of Arbitration Agreement Not Raised Before The Arbitrator, Cannot Be Raised Subsequently Under Section 34 Or 37 Of The A&C Act: Bombay High Court
The High Court of Bombay has held that if the issue of non-stamping or insufficient stamping of the arbitration agreement is not raised before the arbitrator or on the first possible opportunity, then it cannot be raised subsequently under Section 34 or 37 of the A&C Act. The bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S. Doctor held that...
An Arbitral Award Cannot Be Challenged In Appeal On Entirely New Grounds Which Were Not Taken Under Section 34 Of The A&C Act: Bombay High Court
The High Court of Bombay has held that an appeal to challenge an arbitral award cannot be on entirely new grounds. It held that grounds which were not taken before the Court under Section 34 of the A&C Act cannot be taken in appeal. The bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S. Doctor held that an arbitration award cannot be challenged on afresh grounds...
Merely Stating EVM Was Defective Would Not Invalidate Election Without Proof Of Material Impact On Outcome: Bombay High Court
The Bombay High Court on Saturday held that merely stating that the Electronic Voting Machine had a defect would not invalidate an election in absence of proof that this defect materially influenced the outcome of the election.A division bench of Justice AS Chandurkar and Justice Vrushali V. Joshi sitting at Nagpur refused to quash election of a Sarpanch who won by one vote in a plea...