Bombay High Court
No One Can Claim Exclusivity Over Name Of Chhatrapati Shivaji Maharaj : Bombay High Court Refuses To Stall Release Of Marathi Film
The Bombay High Court has recently ruled that no one can claim exclusive rights over the name of 'Chhatrapati Shivaji Maharaj', while rejecting a film producer's plea to stop the release of a Marathi movie using the Maratha ruler's name in its title.A single bench of Justice Amit S. Jamsandekar made the observation while refusing relief in a plea by Everest Entertainment LLP, the producer of...
Farmers Protest: Bachchu Kadu Drops 'Rail Roko' Andolan After Bombay High Court Cautions Against Public Disturbance
Farmers' leader and former MLA Omprakash alias Bachchu Kadu on Thursday cancelled his proposed plan to stage a "Rail Roko Andolan" in Nagpur after the Bombay High Court cautioned him against probable inconvenience to the citizens.Notably, Kadu led thousands of farmers and staged protests by blocking the National Highway 44 popularly known as Wardha Road, which connects to the Samruddhi...
S.263 Succession Act | Grounds For Annulment Of Probate Are Illustrative, Not Exhaustive: Bombay High Court Clarifies
The Bombay High Court has held that the explanations (a) to (e) appended to Section 263 of the Indian Succession Act, 1925, for annulment of probate, are illustrative and not exhaustive. The Court clarified that even circumstances not specifically enumerated in these explanations can amount to “just cause” for revoking or annulling a grant of Probate or Letters of Administration, depending...
Illegal Delegation By Interview Committee Renders Entire Recruitment Void; No Selective Relief In Tainted Selection Bombay High Court
The Bombay High Court has held that when the entire selection process for a recruitment is tainted, there cannot be a policy of pick and choose of certain candidates, as delegation of powers by the Interview Committee to subordinate officers is impermissible in law, and renders the entire selection process invalid. The Court observed that where a Government Resolution prescribes that an...
Bombay High Court Takes Note Of Inconvenience To Citizens Due To Bachchu Kadu-Led Farmers' Protest, Asks To Clear Site Immediately
The Bombay High Court on Wednesday took suo motu cognisance of the "suffering and disturbance" caused to the citizens due to the ongoing protests at the National Highway 44 (Wardha Road) by farmers under the leadership of former MLA Omprakash alias Bachchu Kadu.Sitting at the Nagpur seat, single-judge Justice Rajnish Vyas presiding over a vacation court, also ordered Bachchu Kadu to...
Anil Ambani Withdraws Plea Against IDBI Bank's Fraud Proceedings After Bombay High Court Declines To Intervene
The Bombay High Court on Tuesday allowed industrialist Anil Ambani to withdraw his petition by which he sought a directive to the IDBI Bank against proceeding with the personal hearing in connection to a show cause notice (SCN) issued to him for declaring his loan account as "fraud."Single-judge Justice Sandesh Patil presiding over the vacation court, after hearing Ambani's counsel, expressed...
AO Cannot Rely Solely On Sales Tax Dept Data To Add Bogus Purchases Without Granting Cross-Examination: Bombay High Court
The Bombay High Court has held that the Assessing Officer (AO) cannot rely solely on Sales Tax Department Data for an income tax addition without granting cross-examination.Justices G.S. Kulkarni and Aarti Sathe stated that, "when the VAT assessment was pending adjudication, merely relying on the information of the Sales Tax Department without granting an opportunity to the Assessee...
Once Defendant Demonstrates Triable Issue, No Overly Burdensome Deposit Can Be Imposed For Granting Leave To Defend: Bombay High Court
The Bombay High Court has held that once a defendant establishes a triable issue in a summary suit, he is entitled to unconditional leave to defend, and the Court cannot impose an onerous or excessive condition such as directing the deposit of a substantial part of the claim amount.Justice Prafulla S. Khubalkar was hearing a petition filed challenging the order of the Civil Judge, which...
Bombay High Court Sets Aside ₹75 Lakh Compensation Awarded Against Hersheys India In Jumpin Drink Manufacturing Dispute
The Bombay High Court has recently set aside a Rs 75 lakh compensation awarded to Kanti Beverages Pvt. Ltd. against Hersheys India Pvt. Ltd. in a dispute over the contract to manufacture and package the fruit drink brand Jumpin. The court said the compensation was “picked virtually out of the hat” and had no basis.A single bench of Justice Somasekhar Sundaresan, in an order made available...
Bombay High Court Quashes Murder Conviction Of Woman For Killing Rapist Who Harassed Her To Withdraw Her Complaint
The Bombay High Court recently commuted a woman's conviction to culpable homicide not amounting to murder after she allegedly killed a man who kept harassing her to withdraw her rape compliant against him.A division bench of Justices Urmila Joshi-Phalke and Nandesh Deshpande, sitting at the Nagpur seat, quashed and set aside a December 21, 2005 judgment of an Additional Sessions Court in...
'Forgery Of Documents Not Relevant When Deciding Interim Custody Of Vehicle In Cases Of Loan Default': Bombay High Court
The Bombay High Court has held that issues relating to forgery of documents cannot be examined at the stage of deciding the interim custody of a vehicle. The Court observed that for the purpose of granting interim custody, the primary considerations are whether the applicant is the owner and whether the vehicle was seized from their possession.Justice M.M. Nerlikar was hearing a petition filed...
'Don't Blindly Trust AI'; Bombay High Court Quashes Income Tax Assessment Passed On Unverified AI-Generated Case Laws
The Bombay High Court has quashed an income tax assessment after noting that the Assessing Officer had relied upon non-existent, AI-generated case laws while passing the assessment order. The Court stated that in the era of Artificial Intelligence, the tax authorities cannot blindly rely on such AI-generated results. AI-generated case laws must be cross-verified before using them...