Bombay High Court
Maharashtra Cooperative Societies Act | Audit Test Cannot Be Ordered Without Inspection Of Audit Report: High Court
The Bombay High Court has held that a Test Audit under Section 81(3)(c) of the Maharashtra Cooperative Societies Act, 1960, can only be directed when there is a specific finding, based on an inspection of the audit report, that the audit does not reflect a true and correct picture of the accounts of a cooperative society. Without such inspection and recording of satisfaction, an order for...
Govt Resolution Mandating Floating Of Tender To Appoint Developer For Redevelopment Of Society Is Directory: Bombay High Court
The Bombay High Court recently reiterated that the Government Resolution (GR) issued on July 4, 2019 mandating floating of tenders for finalising a developer for redevelopment of a society, is not mandatory but is of directory in nature.A division bench of Justices Shyam Suman and Manjusha Deshpande held that mere non-floating of a tender to appoint a developer will not mean that there has been...
'Board Under Maharashtra Mathadi, Hamal & Other Manual Workers Act Cannot Review Its Orders': High Court
The Bombay High Court has held that a board under the Maharashtra Mathadi, Hamal and Other Manual Workers Act, 1969, has no statutory power to review or reopen its earlier orders under Section 13 of the Act. The Court observed that the power of review is not inherent and can only be exercised when expressly conferred by statute or by necessary implication.A Division Bench comprising Justice...
'Minor Injuries Alone Not Sufficient To Prove Lack Of Consent': Bombay High Court Sets Aside Rape Conviction U/S 376 IPC
The Bombay High Court has held that minor injuries or medical signs of sexual activity by themselves are insufficient to prove the absence of consent in cases of alleged rape. It was observed that when the prosecution fails to conclusively prove that the victim was a minor and the evidence shows material inconsistencies in her version, the benefit of the doubt must go to the...
Bombay High Court Dismisses Nawazuddin Siddiqui's Suit Demanding ₹100 Crore From His Brother & Ex-Wife
The Bombay High Court on Friday dismissed the civil suit filed by Actor Nawazuddin Siddiqui against his brother Shamasuddin Siddiqui and his wife Anjana Pandey, demanding Rs 100 crore in damages for alleged defamation and loss of reputation.Single-judge Justice Jitendra Jain dismissed the suit for non-prosecution. However, a detailed copy of the order is yet to be made available.According to...
Bollywood Actor Suniel Shetty Moves Bombay High Court Against His Deepfake Images
Bollywood actor Suniel Shetty has moved the Bombay High Court seeking protection of his personality rights. He has asked the court to restrain the circulation of deepfake images and videos featuring him and his family across social media platforms.Shetty has also sought directions to take down his unauthorised photographs used on commercial websites, including gambling and astrology platforms....
CBI Has Accepted Judgment In Sohrabuddin Encounter Case, Yet To Decide Whether To Challenge It Or Not: CBI Tells Bombay High Court
The Central Bureau of Investigation (CBI) on Wednesday told the Bombay High Court that it has "accepted" the December 13, 2018 judgment of a special court, which acquitted 22 policemen from the alleged "fake" encounter case of Sohrabuddin Sheikh, his wife Kausar Bi and associate Tulsiram Prajapati. A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam...
Input Tax Credit Can't Be Blocked If Credit Balance Is Nil: Bombay High Court
The Bombay High Court on Tuesday held that Input Tax Credit (ITC) cannot be blocked under Rule 86-A of the Central Goods and Services Tax Rules, 2017, if the electronic credit ledger of a taxpayer shows a nil balance on the date of the blocking order. A Division Bench of Justice M S Sonak and Justice Advait M Sethna observed, “Therefore, on a plain reading of the rule, if on...
Bombay High Court Denies Zanmai Labs' Plea Against Arbitral Tribunal's Order To Provide Bank Securities In WazirX Crypto Theft Case
The Bombay High Court has dismissed a challenge by Zanmai Labs, the company that co-operates the WazirX cryptocurrency platform, against interim orders passed by an arbitral tribunal directing it to provide bank securities for investor claims in the aftermath of a cyber attack that led to a Rs 2,000 crore ($234 million) loss.The tribunal's directions required Zanmai to furnish bank guarantees...
Mere Use Of Abusive Or Defamatory Language Not Sufficient To Constitute Offence U/S 294 IPC: Bombay High Court
The Bombay High Court has held that the mere use of abusive, filthy, or defamatory language is not sufficient to constitute an offence under Section 294 of the Indian Penal Code (IPC) unless the act is obscene and causes annoyance to others in or near a public place. The Court reiterated that annoyance and obscenity are both essential ingredients of the offence and must be...
Bombay High Court Grants Ad-Interim Relief To Reliance In 'JIO' Trademark Infringement Suit Against Cab Operators
The Bombay High Court on Tuesday granted an ad-interim injunction to Reliance Industries Limited, restraining the use of its registered 'JIO' trademark by parties offering taxi services under the domain name www.jiocabs.com.A bench of Justice Somasekhar Sundaresan observed that Reliance had made out a strong prima facie case and observed that continued use of a well-known brand could...
"Deposit ₹60 Crore First": Bombay High Court Tells Shilpa Shetty & Raj Kundra In Plea Seeking Permission For Foreign Trip
The Bombay High Court on Wednesday (October 8) asked Actor Shilpa Shetty and her businessman husband Raj Kundra to deposit Rs 60 crore if they wanted the court to consider their plea to travel to Los Angeles and other foreign countries for business and personal reasons.This comes after the couple moved the High Court seeking quashing of a Look Out Circular (LOC) issued against them over an...