Admiralty Act 2017 | Agent's Indemnity Claim Against Vessel For Unpaid Port Dues Is A Maritime Claim: Bombay High Court

The Bombay High Court recently held that the agent of a ship seeking indemnity against the shipowner for unpaid port dues is a Maritime claim, and the High Court can entertain it under Section 4 of the Admiralty Act, 2017.A division bench of Justice KR Shriram and Justice Rajesh Patil held the words “arising out of” in section 4(1) (HC jurisdiction over maritime claim) have a wide meaning...

Interim Relief To 'Scam 1992' Makers; Bombay High Court Grants Dynamic Injunction Against Instagram Accounts Using Show's Clips

The Bombay High Court has granted an ad-interim dynamic injunction against 33 Instagram handles and Ashok Kumar (unknown persons) restraining them from using parts of Scam 1992: The Harshad Mehta Story to promote their businesses. Justice Manish Pitale held that the makers made out a strong prima facie case that the posts violated the proprietary rights of the makers. “Prima facie, it...

Invalidity Of Board Resolution Is A Procedural And Curable Defect, Cannot Lead To Rejection Of Claims And Termination Of Arbitral Proceedings: Bombay High Court

The High Court of Bombay has held that any defect in the board resolution authorizing a person to initiate arbitration is only a procedural and a curable defect, thus, it cannot be a ground for the rejection of the claims and termination of the arbitral proceedings. The bench of Justices K.R. Shriram and Rajesh S. Patil held that requirement of a board resolution authorizing a person...

Yes Bank-DHFL Loan Fraud Case: Bombay High Court Rejects Second Bail Plea By Rana Kapoor

The Bombay High Court on Thursday denied bail to Yes Bank founder Rana Kapoor in the Yes Bank-DHFL loan fraud case.Justice PD Naik reasoned that Kapoor is facing serious allegation of laundering public money, and refused bail on ground of long incarceration.“The allegations against applicant is that applicant is involved in laundering of public money. He has allegedly hatched conspiracy...

Ratnagiri Refinery: Maharashtra Govt Agrees To Withdraw Orders Prohibiting Protesting Villagers From Entering Their Hometown, Posting On Social Media

The Maharashtra Government on Thursday agreed to withdraw prohibitory orders against eight villagers from Ratnagiri, who were leading protests against the multi-billion project of Ratnagiri Refinery & Petrochemicals Ltd.The orders passed under section 144(2) of the CrPC barred them from entering their hometown Rajapur Taluka for a month from April 21 – May 31, 2023 and from...

“Matter Of Trial, Cannot Be Decided At Interim Stage”: Bombay High Court Refuses To Stay Chanda Kochhar’s Termination From ICICI Bank

The Bombay High Court on Wednesday upheld a single judge’s order and refused to grant interim relief to the former CEO and MD of ICICI Bank Chanda Kochhar in her suit seeking specific performance of her retirement benefits and other entitlements.The court refused to stay the ICICI bank’s email dated January 30, 2019, terminating her employment and allowing her unexercised vested stock...

POCSO Act Not Meant To Punish Minors In Romantic Relationships: Bombay High Court

The Protection of Children of From Sexual Offences Act (POCSO) was enacted to protect minors from sexual assault, not to punish minors in romantic or consensual relationship and brand them as criminals, the Bombay High Court said.Justice Anuja Prabhudessai observed thus and granted bail to a 22-year-old accused of kidnapping and rape of a minor under sections 363, 376 of the IPC and section 4...

Mere Signing Of The Award At A Place Cannot Be The Determinative Factor For Ascertaining The Place Of Arbitration: Bombay High Court

The Bombay High Court has ruled that mere signing of the arbitral award at a place cannot be the determinative factor for ascertaining the place of arbitration. It added that if there is no agreement between the parties regarding the place of arbitration and the arbitrator has not determined the place of arbitration, the overall circumstances of the case would have to be taken...

Bombay High Court Issues Directions For Expeditious Disposal Of Creditors' Applications U/S 14 SARFAESI Act For Possession Of Secured Assets

Pendency of secured creditors’ applications for possession of secured assets is bad for financial health of the country, the Bombay High Court held recently.A division bench of Justice Nitin Jamdar and Justice Abhay Ahuja issued several directions to streamline the process of disposal of applications under Section 14 of the SARFAESI Act before Chief Metropolitan Magistrates and...

Breaking | JEE Main: Bombay High Court Refuses To Order Relaxation Of Minimum 75% 12th Board Score Eligibility Criterion For IIT/NIT Admissions

The Bombay High Court today refused to order relaxation of minimum 75 percent 12th standard board score eligibility criterion for admission to IITs, NITs, IIITs, and CFTIs/GFTIs through JEE Main and JEE Advance examinations.A division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep V Marne dismissed a PIL seeking relaxation of the eligibility criteria."The students, whose...

Bombay High Court Monthly Digest: April 2023 [Citations 176 - 222]

Nominal Index [Citation 176 - 222]The Iffco Tokio General Insurance Company Ltd. v. Bhagyashri Ganesh Gaikwad 2023 LiveLaw (Bom) 176A v. B 2023 LiveLaw (Bom) 177X v. Y 2023 LiveLaw (Bom) 178Anil Jaisinghani and Anr. v. State of Maharashtra 2023 LiveLaw (Bom) 179Sameer Amrut Kondekar v. State of Maharashtra 2023 LiveLaw (Bom) 180M/s Omanand Industries & Anr. vs The Secretary to the...

JEE Mains 2023: Bombay High Court Adjourns Plea To Relax 75% Eligibility Criteria, Says Prima Facie It Would Affect Students Pan India

Relaxing the minimum 75% 12th standard board score for admission to IITs, NITs, IIITs, and CFT through JEE Mains and JEE Advance exams will affect other students who have made the cut, the Bombay High Court said while hearing a PIL on Tuesday. “We understand the difficulty but our limitations also have to be considered regarding an exam which is pan India. Granting you relaxation will...