Bombay High Court
Bombay High Court Monthly Digest: October 2023
Nominal Index [Citation 464 - 508]Wynk Ltd. v. Tips Industries Ltd. 2023 LiveLaw (Bom) 464Dolby Builders Private Ltd. and Anr. v. Municipal Corporation of Greater Mumbai and Ors. 2023 LiveLaw (Bom) 465Maharashtra Rajya Apang Karmachari Sanstha v. State of Maharashtra & Ors. 2023 LiveLaw (Bom) 466Sunil s/o Fattesing Sable v. State of Maharashtra 2023 LiveLaw (Bom) 467State of Maharashtra...
Octroi Department Employees Of Municipal Corp Have No Vested Right To Commission On Fee Collected From Evaders: Bombay High Court
The Bombay High Court recently held that employees posted in the Octroi department of a Municipal Corporation do not have any right to receive commission (Mushahira) on compromise fee collected by the department from Octroi evaders.Justice Sandeep V Marne observed that the employees cannot demand commission for performing their duties of apprehending evading vehicles and collecting...
Disclosure Would Endanger Life Of Judges: Bombay High Court Denies RTI Information On Structural Audit Report Of Its Building
The Bombay High Court has refused to provide a report of its structural audit sought under the Right to Information Act citing danger to its judges.“…the disclosure of the same would endanger the life or physical safety of Hon'ble Judges and Officials of the Hon'ble Bombay High Court,” the reply stated.Environmentalist Zoru Bhathena said he had sought a copy of the Structural Audit...
S.438 CrPC | Accused In Custody Not Precluded From Seeking Anticipatory Bail In Another Case: Bombay High Court
An accused in custody in one case can seek anticipatory bail in another case under Section 438 of the CrPC, the Bombay High Court has held and granted pre-arrest bail to an accused in a forgery case.“I am impelled to hold that the fact that the applicant is already in custody in one case does not preclude him from seeking prearrest bail in connection with another case in which he...
A Party Cannot Be Allowed To Take Advantage Of Inartistic Drafting Of Arbitration Clause As Long As The Intention To Arbitrate Is Clear: Bombay High Court
The High Court of Bombay has held that a party cannot be allowed to take advantage of inartistic or poor drafting of an arbitration clause as long as the clause contains the necessary ingredients and the intention to arbitrate is clear. The bench of Justice Manish Pitale also held that a Court exercising power under Section 9 of the A&C Act would be within its power to scrutinize...
Father Can't Be Accused Of Kidnapping For Taking Child Away From Mother In Absence Of Any Prohibition From Competent Court: Bombay High Court
The Bombay High Court recently held that a father cannot be held guilty of kidnapping for taking his minor child away from the mother unless there is an order of a competent court preventing him from taking custody of the child.A division bench of Justice Vinay Joshi and Justice Valmiki SA Menezes sitting at Nagpur quashed an FIR registered under Sections 363 of the IPC by the biological...
Bombay High Court Grants Compensation To BATA Salesmen Fired For Opposing Showrooms Opening 7 Days A Week With Extended Hours
The Bombay High Court on Wednesday awarded compensation ranging from 19.5 lakhs to 33 lakhs to seven former salesmen of shoe company Bata who were terminated in 2007 after refusing to adhere to modified roster for operating showrooms seven days a week with extended hours.Justice Sandeep V Marne observed that they were terminated without any enquiry but refused to reinstate them observing that...
Tenants Can Reconstruct Demolished Premises Without NOC From Landlord, Recover Costs If Owner Fails To Redevelop: Bombay High Court
The Bombay High Court has allowed tenants to reconstruct their demolished premises under Section 499 (6) of the Mumbai Municipal Corporation Act sans the landlord’s permission, and recover costs from him in the absence of a redevelopment plan within a year of demolition.However, the division bench comprising Justices Gautam Patel and Kamal Khata clarified that the tenants wouldn’t be...
Trial Judge Went Overboard: Bombay High Court Alters Murder Convict's Sentence From 'Remainder Of Life' To 'Life Imprisonment'
The Bombay High Court recently modified the sentence of a man convicted of murdering his wife from “life imprisonment for the entire remaining of his life” to “imprisonment for life” citing the importance of adhering to the wording adopted in section 302 of the IPC.A division bench of Justice VV Kankanwadi and Justice Abhay S Waghwase sitting at Aurangabad observed that the trial...
System Default Is The Standard Excuse Of Department When It Comes To Giving Refunds: Bombay High Court
The Bombay High Court has stated that system default is the standard excuse of the department when it comes to giving refunds.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the excuse used is that the system under the control of the Centralized Processing Center (CPC), Bangalore, has some issues and, therefore, amounts are not being released to assessees....
State Mandating Project Affected Persons To Construct House On Alternate Land Within A Year Of Allotment "Draconian": Bombay High Court
The Bombay High Court held that project affected persons are allotted alternate land on humanitarian grounds and the State cannot impose any condition on the allotment that may lead to loss of the land. The court said that such a condition would violate Article 14 of the Constitution.“The object and purpose in rehabilitating a person like the Petitioner by allotting him the alternate land...
Bombay High Court Takes Suo Moto Cognisance Of Deteriorating Air Quality In Mumbai, To Issue Comprehensive Directions
The Bombay High Court on Tuesday took suo motu cognisance of the poor air quality in Mumbai, while hearing a PIL on the same issue.The court said the Central and State Pollution Control Boards, State Government, Union and all Municipal Corporations should be made party and should state the measures taken by them to address the concern. "We will pass a detailed order. We are also taking suo...