Bombay High Court
Bombay High Court Rejects Shiv Sena MLA's PIL On Misuse Of Social Media By Influencers, Comedians
The Bombay High Court today refused to entertain a Public Interest Litigation (PIL) filed by a sitting MLA, Kiran Samant, concerning 'misuse' of social media by influencers, content creators and comedians.A bench of Chief Justice Alok Aradhe and Justice M. S. Karnik observed that an efficacious remedy is available under the Information Technology (Procedure and Safeguards for Blocking for...
Bar Associations Are Not "State" Under Article 12 Of The Constitution Of India: Bombay High Court
Bar Associations if held to be a "State" within the meaning of Article 12 of the Constitution of India, it would certainly lead to a "chaotic" situation, the Bombay High Court held recently.A division bench of Justices Girish Kulkarni and Advait Sethna dismissed the petition filed by four advocates challenging the notice issued by the Kolhapur District Bar Association (KDBA), by which it...
Bombay High Court Denies Relief To Police Officer Who Laughed At Judge On VC While Recording Evidence
The Bombay High Court recently refused to quash a letter issued by a Sessions Court in Beed district to the Director General of Police (DGP), Maharashtra to frame 'Standard Operating Procedure (SOP) for police officials to maintain decorum in the court while recording evidence through video conferencing facility. A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale dismissed...
Have Taken Steps To Install Pollution Indicators At Construction Sites: BMC To Bombay High Court
The Bombay Municipal Corporation (BMC) today told the Bombay High Court that it has initiated steps for the installation of 'pollution indicators', which are used to check the amount of dust generated by construction works.The BMC made this submission before a division bench of Chief Justice Alok Aradhe and Justice M. S. Karnik in a suo moto PIL on poor air quality in Mumbai.On 09 January...
Routing Of Funds Through Tax Havens Not Disclosed During Original Proceedings: Bombay HC Confirms Reassessment
Finding that the Petitioner had failed to disclose all material facts necessary for assessment of tax, the Bombay High Court ruled that the circuitous movement of funds through various companies located in tax havens had not been disclosed in the course of the original proceedings.The High Court therefore confirmed the reopening proceedings initiated against the petitioner.A division bench...
Order Granting Or Refusing Temporary Injunction Is 'Discretionary', Not Adjudication On Subject Matter Or Merits: Bombay HC Full Bench
The Bombay High Court has observed that an order of temporary injunction is not a prima facie adjudication on the subject matter or merits of the case, but an exercise of discretion by the court.The Court did so while answering a reference between conflicting decisions of division benches of the high court in Colgate Palmolive Company & Anr vs. Anchor Health And Beauty Care Pvt. Ltd...
Arbitrator Cannot Be Substituted U/S 29A(6) Of A&C Act Unless Grounds Mentioned U/S 14 & 15 Are Satisfied: Bombay High Court
The Bombay High Court bench of Justice Somasekhar Sundaresan has held that even though the term "substitution" is mentioned under Section 29-A(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act), an arbitrator cannot be substituted in an application under this section unless the grounds specified in Sections 14 and 15 of the Arbitration Act are satisfied, which...
Religion Is One Consideration In Custody Matter But Welfare Of Child Paramount: Bombay High Court
The Bombay High Court on Monday dismissed the habeas corpus petition filed by the second husband of popular fashion entrepreneur and social media influencer Pernia Qureshi, who sought the custody of their three year old daughter.A division bench of Justices Sarang Kotwal and Shriram Modak reiterated that though religion is one of the considerations in child custody matters, yet the welfare of...
Bombay HC Dismisses Appeal Against Order U/S 9 Of Arbitration Act Injuncting Owner Of Kapani Resorts From Disposing Of Interest In Properties
The Bombay High Court bench of Chief Justice Alok Aradhe And Justice M. S. Karnik has upheld the order passed by the Single Judge under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), injuncting the owner of the Kailash property and Kapani Resorts from alienating or disposing of any interest in the properties until the completion of the...
Bombay High Court Weekly Round-Up: April 21 – April 27, 2025
2025 LiveLaw (Bom) 150 to 2025 LiveLaw (Bom) 163Nominal Index:Brijesh Barot vs Registrar General, High Court, 2025 LiveLaw (Bom) 150Elite Housing LLP Versus The Spectrum CHS Ltd., 2025 LiveLaw (Bom) 151Al-Quraish Human Welfare Association & Ors vs. The State Of Maharashtra, 2025 LiveLaw (Bom) 152High Court On Its Own Motion vs Vineeta Srinandan, 2025 LiveLaw (Bom) 153Arun Hastimal Firodia...
If Fresh Appointment Made After Termination, Previous Service Period Cannot Be Counted For Pension Calculations: Bombay HC
Bombay High Court: A division bench consisting of Justices Ravindra Ghuge and Ashwin Bhobe dismissed a writ petition that prayed for the counting of earlier service in pension calculations. The court held that any reappointment made after terminating the previous service cannot be linked to the earlier service period. The court explained that if previous service was terminated,...
Deletion Of Names Through Chamber Summons Does Not Render Appeal U/S 50(1)(B) Of A&C Act As Not Maintainable: Bombay High Court
The Bombay High Court bench of Justices A.S. Chandurkar and M.M. Sathaye has observed that when a common arbitration petition seeking recognition, enforcement and execution of a foreign award is declined against all the respondents, the mere fact that some respondents had successfully filed chamber summons seeking deletion of their names would not render the appeal filed...