'Remedy U/S 6 Of Specific Relief Act Cannot Be Granted To Person Having No Intention To Reside In Suit Premises': Bombay High Court

The Bombay High Court has held that relief under Section 6 of the Specific Relief Act, 1963, which provides protection of possession, cannot be granted to a person who has no bona fide intention of residing in the suit premises. The Court emphasised that equitable relief under Section 6 must be exercised in favour of a person with a genuine intent to enjoy the property and not for...

'Second Plea For Divorce Under HMA Has To Be Transferred To Court Where First Petition Was Filed': Bombay High Court

The Bombay High Court has held that when two petitions for divorce or judicial separation between the same parties are filed in different courts, the second petition must be transferred to the court where the first petition was filed, in accordance with Section 21-A of the Hindu Marriage Act, 1955.Justice Rajesh S. Patil was hearing two transfer applications filed by husband and wife. The...

Bombay High Court Imposes ₹50,000 Cost On Petitioner For Challenging Reserved NCLT Order

The Bombay High Court recently imposed a cost of ₹50,000 on a petitioner for filing a writ petition against a National Company Law Tribunal (NCLT) order that had merely been reserved and not yet pronounced.A division bench of Justices R I Chagla and Farhan P Dubash held that the petition was not maintainable before the High Court “Thus, the Order reserved has not yet been...

[POSH Act] 'Formation Of ICC Cannot Be Challenged After Receiving Unfavourable Result In Its Inquiry': Bombay High Court

The Bombay High Court has held that once an employee has voluntarily participated in the proceedings before an Internal Complaints Committee (ICC) constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, they cannot later challenge the validity of its constitution merely because the outcome of the inquiry is unfavourable.A Division Bench...

'Higher Credence Is Given To Award Passed After Detailed Pre-Arbitral Process': Bombay High Court

The Bombay High Court has held that arbitral awards passed after a detailed pre-arbitral process contractually agreed upon by the parties deserve a higher degree of credibility and judicial deference. The Court refused to grant an unconditional stay on the execution of an arbitral award in favour of the contractor, holding that mere disagreement with the arbitral tribunal's findings does...

'Unrelated Party To Contract Cannot Be Regarded As Veritable Party To Arbitration Agreement': Bombay High Court

The Bombay High Court has held that an unrelated third party to a contract cannot be treated as a “veritable party” to the arbitration agreement and hence cannot be compelled to participate in the arbitral proceedings. The Court reiterated that the doctrine enabling non-signatories to be treated as parties to an arbitration agreement applies only where there exists a close relationship,...

'Big Corporations Must Adopt Reasonable Litigation Policy Against Small Enterprises': Bombay High Court

The Bombay High Court dismissed an appeal under section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) filed by Mahindra Defence Systems Ltd. challenging an arbitral award passed by the Micro, Small and Medium Enterprises Facilitation Council in favour of Rajana Industries holding that the award was reasoned, fair and free from...

'Truly Alarming': Bombay High Court Flags Realistic Nature Of Deepfakes, Protects Akshay Kumar's Personality Rights

While protecting the personality rights of Bollywood Actor Akshay Kumar, the Bombay High Court has expressed concern over the "realistic" nature of deepfake images and videos being created by using Artificial Intelligence (AI).Single-judge Justice Arif S. Doctor in his October 15 order said, in such cases of celebrities seeking protection of personality rights, it is alarming to see that...

Shilpa Shetty, Raj Kundra Withdraw Plea To Travel Abroad After Bombay High Court Seeks Deposit In Alleged Fraud Case

Bollywood Actor Shilpa Shetty and her businessman husband Raj Kundra, today withdrew their interim application seeking to travel abroad, filed before the Bombay High Court.The couple, facing an FIR in an alleged Rs 60 crore fraud case, had moved the court seeking to quash a Look Out Circular (LOC) issued against them. Subsequently, the court had asked them to deposit the amount before...

Delegating Procedure For Assessing Levy & Collection Of Cess To Executive Is Not Excessive Delegation: Bombay High Court

The Bombay High Court has held that delegating the procedure for assessing, levying, and collecting cess to the executive under the Goa Cess on Products and Substances Causing Pollution (Green Cess) Rules, 2014, does not amount to excessive delegation of legislative power. The Court observed that since the parent statute clearly lays down the legislative policy, taxable transaction, and...

Information Regarding GST Returns Of Company Cannot Be Disclosed Under RTI Act: Bombay High Court

The Bombay High Court on Tuesday (October 14) held that a company's Goods and Services Tax (GST) returns filing cannot be disclosed under the Right To Information (RTI) Act. Sitting at Aurangabad bench, single-judge Justice Arun Pednekar noted that section 158(1) of the GST Act prohibits disclosure of information of GST returns to third parties and that section 8(1)(j) of the RTI Act too...

Pendency Of Appeal U/S 37 A&C Act Against First Award Does Not Bar Fresh Arbitration Proceedings: Bombay High Court

The Bombay High Court held that pendency of an appeal under section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) does not prohibit a party from initiating a fresh round of arbitration when an earlier arbitral award has already been set aside. Accordingly, the present application under section 11 of the Arbitration Act was allowed and a sole...