Three-Month Deadline For Passing Arbitral Award Under NSE Byelaws Is Directory And Not Mandatory: Bombay High Court

The Bombay High Court Bench of Justice Somasekhar Sundaresan while deciding a petition under Section 34, Arbitration and Conciliation Act, 1996 (“ACA”) had an occasion to interpret Rule 13, National Stock Exchange (“NSE”) Byelaws. The Court held that Rule 13(b) which provided that arbitral award under the Rules must be rendered within three months from the date of entering...

Former MP Moves Bombay HC Against Trial Court Order Denying His Plea To Bring On Record Evidence Against Thackeray & Raut In Defamation Case

Former Member of Parliament (MP) Rahul Shewale of the Shiv Sena (Eknath Shinde faction) has moved the Bombay High Court challenging the decision of a special court which refused to issue summons to a witness in an ongoing trial in the criminal defamation case he has filed against Shiv Sena chief Uddhav Thackeray and Rajya Sabha parliamentarian Sanjay Raut. Notably, Shewale has filed the...

'Caste Scrutiny Committee Cannot Direct Reinquiry Without Reasons After Vigilance Cell Cleared Validity Of Pre-Independence Documents': Bombay HC

The Bombay High Court set aside the order of the Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati, which had invalidated the caste claims of the petitioners belonging to the 'Mana' Scheduled Tribe. The Court held that once the vigilance cell had admitted the validity of the pre-independence documents, the committee could not have mechanically directed a re-enquiry without...

'Registration Of Film Title With Producers' Association Doesn't Create Exclusive Right Of Use': Bombay HC Dismisses Injunction Plea By 'Lootere' Producers

The Bombay High Court has held that registration of a film title with a producers' association does not, by itself, create any enforceable exclusive right against third parties, and cannot be the basis for an injunction. The Court clarified that such registrations are only for internal regulation among members of the association and have no statutory authority under the Trade Marks Act or...

'Place Of Purchase, Not Residence Of Customer Relevant For Determining Jurisdiction U/S 134(2) Of Trademarks Act': Bombay High Court

The Bombay High Court has held that the place of purchase of goods, and not the residence of the customer, is relevant for determining territorial jurisdiction under Section 134(2) of the Trade Marks Act, 1999. The Court ruled that mere delivery of goods to customers residing within the Court's jurisdiction is not sufficient to establish jurisdiction when the actual purchases were...

Bombay High Court Judges To Watch Film 'Ajey' Before Deciding Maker's Plea Against Rejection Of Certification

Observing that the Central Board of Film Certification (CBFC) failed to follow the principles of natural justice, the Bombay High Court on Thursday said it will watch the film titled "Ajey: The Untold Story of a Yogi" and then decide the plea filed by the film's makers to certify the film for public exhibition. The film is inspired from the book 'The Monk Who Became Chief Minister' which...

Bombay High Court Questions Jain Community's Right To Seek Week-Long Ban On Slaughterhouses During Paryushana

The Jain Community told the Bombay High Court on Wednesday (August 20) that it was easier to convince Mughal Emperor Akbar to close down slaughter houses during Paryushan Parva however it is very difficult to convince the State Government and the Brihanmumbai Municipal Corporation (BMC) to do the same.A division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne issued notice on a...

Supreme Court Collegium Recommends 14 Advocates For Elevation As Judges Of Bombay High Court

The Supreme Court Collegium on Tuesday recommended names of 14 advocates for elevation as additional judges of the Bombay High Court.As per the resolution, a total of 14 advocates, including 1 woman have been recommended.Following are the advocates:Nandesh Shankarrao Deshpande,Amit Satyavan Jamsandekar,Ashish Sahadev Chavan,Vaishali Nimbajirao Patil-Jadhav,Abasaheb Dharmaji Shinde, Farhan...

Bombay High Court Upholds Election Of BJP MLA Captain Tamil Selvan

The Bombay High Court on Monday (August 18) dismissed a petition challenging the election of Bharatiya Janata Party (BJP) Member of Legislative Assembly (MLA) Captain R Tamil Selvan to the Maharashtra Assembly from the Sion-Koliwada constituency.Single-judge Justice Milind Jadhav dismissed Congress candidate Ganesh Kumar Yadav's election petition for failing to establish how Selvan resorted...

'Non-Examination Of Sexual Assault Victim Or Officer Who Recorded Her Statement Amounts To Denial Of Fair Trial To Accused': Bombay High Court

The Bombay High Court has held that failure to examine the victim in a case of sexual assault, coupled with the omission to examine the police officer who recorded her statement, fatally undermines the prosecution's case and results in denial of a fair trial to the accused. The Court observed that such lapses strike at the root of the prosecution's case and violate the constitutional guarantee...

Order U/S 53A(1) Of Maharashtra Stamp Act Must Be Passed Within Six Years From Date Of Issuing Certificate For Adjudication: High Court

The Bombay High Court has held that an order under Section 53A(1) of the Bombay/Maharashtra Stamp Act, 1958 must be passed within a period of six years from the date of issuance of the certificate of adjudication under Section 32. It ruled that merely initiating proceedings within six years is not enough, as the final order itself has to be made within that period.Justice Jitendra Jain...

[GST] Reverse Charge Mechanism Notifications Denying ITC To Service Providers Are Constitutionally Valid: Bombay High Court

The Bombay High Court held that RCM notifications denying ITC credit to service providers are constitutionally valid and does not violate Article 14 and 19(1)(g) of the Constitution. The bench opined that in case of RCM, the person receiving the services, i.e. the recipient pays the tax and can claim credit of the same. The provider of service is exempt from paying tax. Merely...