Bombay High Court
MV Act | Crane Used Within Coal Mine Premises Falls Under Definition Of Motor Vehicle: Bombay High Court
The Bombay High Court recently held that a crane used within coal mine premises falls within the definition of “motor vehicle” under Motor Vehicles Act, 1988 (MVA).Justice Urmila Joshi Phalke of the Nagpur bench upheld a compensation order for the family of a Western Coalfields Ltd. (WCL) employee who died after colliding with a crane being operated by another employee.“…the contention...
Bombay High Court Upholds Acquittal In Forgery Case, Says Investigation Defective As No Handwriting Report On Author Or Signatories Of Document
The Bombay High Court upheld acquittal of five persons in a forgery case citing defective investigation as there was no handwriting expert report regarding the authors of the signature on the forged document.Justice GA Sanap observed that the possibility of the complainant himself having forged the signatures cannot be ruled out in the absence of a handwriting report.“There is no report of...
Goa Value Added Tax (12th Amendment) Act, 2020 Defies The Doctrine Of Separation Of Powers: Bombay High Court
The Bombay High Court has held that the Goa Value Added Tax (12th Amendment) Act, 2020, is an impermissible judicial override defying the doctrine of separation of powers.The bench of Justice M. S. Sonak and Justice Bharat P. Deshpande has observed that by simply not issuing sanction orders or delaying the issue of sanctions indefinitely or unreasonably, the state cannot arbitrarily deprive...
People Largely Rely On Social Media For News, IT Rules Amendment In Public Interest, Won't Prevent Opinions Or Satire: Centre In Bombay High Court
The Union Government’s impending Fact Checking Unit may only direct removal of false or misleading information pertaining to Government policies and programs, not satire or artist impression, the Ministry of Electronics and Information Technology (MeitY) has told the Bombay High Court.“It is reiterated that the role of the fact check unit is restricted to any business of the...
Bombay High Court Upholds Industrial Tribunal's Interim Order Directing Global Pharma Leader Sandoz To Re-Employ/ Pay Security To Retrenched Workers
The Bombay High Court has upheld an interim order against Sandoz Private Limited, a global leader in generic pharmaceuticals and biosimilars, directing it to re-employ workers it retrenched or provide security over applicable wages till pendency of the industrial complaint.Justice NJ Jamadar took strong exception to the manner in which Sandoz retrenched its employees a night before their...
Indian Court Can Entertain Complaint Against Domestic Violence Committed Abroad: Bombay High Court
The Bombay High Court recently held that judicial magistrate in India can take cognizance of domestic violence committed in foreign soil under the Protection of Women From Domestic Violence Act, 2005 (DV Act).Justice GA Sanap of the Nagpur bench observed that the Act is a social beneficial legislation and the lawmakers worded section 27 of the Act keeping in mind possible domestic...
Bombay High Court Weekly Round-Up: April 10 To April 16, 2023
Nominal Index [Citation 186 - 196]VJ Jindal Cocoa Pvt Lt v. Union of India & Ors. 2023 LiveLaw (Bom) 186Ramnagesh Srinivas Akubathini v. State of Maharashtra and Anr. 2023 LiveLaw (Bom) 187Ashok Ratnapal Narwade v. Maharashtra State Electricity Distribution Co. Ltd. 2023 LiveLaw (Bom) 188Ashu Dutt v. Aneesha Dutt 2023 LiveLaw (Bom) 189Kirti Kumar Jayantilal Patel v. State of Maharashtra...
Whether A Signed Copy Or Certified Copy Of The Award, Purpose Of S. 31(5) of A&C Act Is To Inform The Party: Bombay High Court
The Bombay High Court has ruled that the purpose of Section 31(5) of the Arbitration and Conciliation Act, 1996 (A&C Act), which provides for delivery of the signed copy of the arbitral award, is of imparting knowledge to the party regarding the contents of the award, and to make the party aware that the limitation to raise a challenge has started to run. The court held that the...
Bombay High Court Refuses Relief To Divorced Woman Who Remarried During Appeal Period
The Bombay High Court rejected a woman’s interim application seeking dismissal of her husband’s appeal against their divorce decree on the ground that she had already married someone else.The court observed that the “Family Court Appeal filed by the husband within the appeal period (of 90 days) would not be rendered infructuous upon the Applicant (wife) having contracted second marriage...
Prima Facie Forest Officials Want Tribal Near Tadoba Tiger Reserve Evicted Without Following Due Process: Bombay High Court
Observing that prima facie officials of the forest department wanted to evict a tribal living on the borders of the famous Tadoba Tiger Reserve in Maharashtra without following due process, the Bombay High Court rejected a Civil Revision Application filed by the State.Justice MS Jawalkar noted that without giving the tribal a hearing, his claim to four hectares of land was rejected and the...
Trial Court Had Duty To Interview 10 Yrs Old Child & Understand His Desire: Bombay High Court Sets Aside Order Granting Custody To Father
The Bombay High Court set aside a custody order citing the trial court's failure to interview the child to ascertain his wish.Justice Urmila Joshi Phalke of the Nagpur bench sent the case back to the trial court for fresh consideration observing that the trial court should have conducted an in-camera interview of the child before deciding the matter.“It was the duty of the trial court to...
Widow Not Liable To Maintain In-Laws Under Section 125 CrPC: Bombay High Court
The Bombay High Court recently held that parents-in-law are not entitled to maintenance from their widowed daughter-in-law under section 125 of CrPC.Justice Kishore C Sant sitting at Aurangabad noted that the list of relatives entitled to claim maintenance under the provision is exhaustive and does not include father-in-law and mother-in-law.“it is clear that the respondents are not entitled...