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S Waghwase while upholding a man’s conviction for murdering his own daughter, observed that his advocate relied on an outdated judgment to challenge the...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...

Primary Facts Necessary For Assessment Fully & Truly Disclosed, AO Not Entitled To Change Opinion For Reassessment: Bombay High Court

The Bombay High Court has held that the primary facts necessary for assessment are fully and truly disclosed, and the Assessing Officer is not entitled, on change of opinion, to commence proceedings for reassessment.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that even if the Assessing Officer, who passed the assessment order, may have raised too many...

Bombay High Court Grants Interim Protection From Arrest To Wrestling Coach Accused Of Sexually Harassing Minor Male Students

The Bombay High Court recently granted anticipatory bail till November 29, 2023, to a wrestling (kusti) teacher accused of sexually harassing several of his minor male students in Pune.The bench sought to hear the complainants before deciding on the application. The vacation bench of Justice MM Sathaye granted ad-interim protection to the teacher in an FIR registered under sections 8 & 12...

Explanation For Each Day Of Delay Not Required For Condonation Of Delay In Filing A Case: Bombay High Court

Bombay High Court recently held that explanation for each day of delay is not required to condone the delay in filing a case when broad reasons sufficient as per SC guidelines are given in the delay condonation application.Justice Milind Jadhav upheld condonation of delay of over 5 years by a labour union in filing a complaint against BEST challenging termination observing that the union...

Bombay High Court Stays Rs 32.39 Crore Tax Demand Against PayPal After It Claims Statutory Limitation For Passing Assessment Order Exceeded

The Bombay High Court has stayed the Rs. 32.39 crore tax demand and all related proceedings against PayPal Payments Private Limited, an online payment processing company.A division bench comprising Justices K. R. Shriram and Dr. Neela Gokhale passed the ad-interim order and granted relief till January 31, 2024 to the petitioners. “That pending the hearing and final disposal of this...

Court Has Legal Duty To Compensate Victim: Bombay High Court Orders DLSA To Rehabilitate Children Whose Father Set Their Mother Ablaze

The Bombay High Court recently directed the District Legal Services Authority, Jalgaon to locate and rehabilitate two children of a woman murdered by her husband, observing that courts have a legal duty to compensate victims of the loss they have suffered.A division bench of Justice Vibha Kankanwadi and Justice Abhay Waghwase sitting at Aurangabad while upholding murder conviction of...