Bombay High Court
When There Is Ambiguity In Arbitration Agreement, Business Efficacy Test Can Applied To Discern Intent Of Parties To Arbitrate: Bombay High Court
The Bombay High Court bench of Justice Somasekhar Sundaresan has held that when there is an ambiguity in the agreement with respect to arbitration related provisions, the business efficacy test can be applied to discern true intent of the parties to arbitrate. Brief Facts: The present petition has been filed under section 11 of the Arbitration and Conciliation Act, 1996...
Bombay High Court Asks State To Make Palghar District Consumer Forum Functional Within 4 Weeks
The Bombay High Court today disposed of a PIL that sought the establishment of the District Consumer Forum in the Palghar District, noting that the Consumer Forum has already been set up by the State government.During the hearing, the State counsel submitted that as per a government notification of 04 February 2025, the District Consumer Forum has already been established at Palghar. The...
Bombay High Court Upholds Rules Prescribing Limit On Civil Services Attempts For Persons With Benchmark Disability Based On Caste Status
The Bombay High Court has dismissed a petition challenging Rule 3 of the Civil Services Examination Rules 2024 which grants Persons with Benchmark Disability (PwBD) under the General/Economically Weaker Section /Other Backward Classes (GL/EWS/OBC) category 9 attempts, while providing unlimited attempts to those belonging to SC/ST category.Challenging the restriction on the number of attempts...
Bombay HC Issues Notice On Marathi Actor Urmila Kothare's Plea For Transfer Of Probe In Accident Case; Directs Preservation Of CCTV Footage
Popular Marathi actor Urmila Kothare, whose speeding car hit a labourer and killed him in December 2024, has approached the Bombay High Court seeking transfer of the probe to the Crime Branch of the Mumbai Police.A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale heard the matter on Wednesday (February 12) and issued notice to the respondents. The court also ordered the...
Grounds Of Arrest Served To Accused After Four Minutes Of Actual Arrest Is Not Unreasonable: Bombay High Court
The Bombay High Court on Wednesday held that conveying grounds of arrest within four minutes of arresting an individual was 'reasonable' and the same does not violate any fundamental right of the accused. Single-judge Justice Dr Neela Gokhale was hearing a petition filed by a rape accused challenging his arrest arguing that he was not served with the 'grounds of arrest' in written, within...
Mandate Of Facilitation Council Is Not Terminated Even If It Fails To Render Award Within 90 Days U/S 18(5) Of MSME Act: Bombay High Court
The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the mandate of the MSME Facilitation Council (Council) cannot be terminated merely on the ground that it failed to render an award within 90 days under section 18(5) of the Micro, Small and Medium Enterprises Development Act, 2006 (“MSME Act”) from the date of entering reference as this time period is...
Plea In Bombay High Court Seeks Probe Into Alleged ₹16.6 Crore Fraudulent Bank Guarantees In Thane-Borivali Twin Tunnel Project
A Public Interest Litigation (PIL) has been filed in the Bombay High Court seeking an investigation by CBI or SIT into the alleged bank fraud guarantees accepted by the Mumbai Metropolitan Region Development Authority (MMRDA) from a private company, Megha Engineering Infrastructure Ltd (MEIL), for the construction of a Twin Tube Road Tunnel between Thane and Borivali worth around...
Bombay HC Disposes PIL Over Cyber Attacks On Official State Websites, Notes Petitioner Willing To Give Suggestions To Cyber Department
The Bombay High Court has disposed of a PIL concerning cyber-attacks impacting the official websites of the State government and its departments, noting that the petitioner is willing to provide suggestions to the concerned authorities on preventing cyber attacks on State government websites.A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre observed “Undoubtedly there...
Bombay High Court Grants 'A Chance' To Rape Accused To 'Reform and Repent'; Grants Bail To Man Booked For Raping Minor Cousin
The Bombay High Court recently while granting bail to a 20-year-old man booked for raping his minor cousin, said it wants to give a chance to the accused to 'repent, retrospect' and 'be remorseful.'Single-judge Justice Milind Jadhav said when the accused undertrials are 'young' then the courts must 'take a chance' by adapting to a 'reformative' approach instead of a 'punitive' approach.The...
Bombay High Court Permits Adani Electricity To Cut Mangroves For Power Transmission Project Near Vasai Creek
The Bombay High Court has permitted Adani Electricity Mumbai Infra Ltd to cut 209 mangroves for setting up an electricity transmission line near the Vasai creek for the supply of electricity to Mumbai and the suburbs around it.In view of the judgment of the High Court in Bombay Environmental Action Group & Anr vs. State Of Maharashtra & Ors (PIL No. 87 of 2006), the permission from...
Bombay High Court Quashes Criminal Case Against Nestle India For Allegedly Making Maggi With 'Substandard Materials'
The Nagpur bench of the Bombay High Court recently quashed a criminal case lodged against Nestle India for using "substandard" materials for producing "Maggi" and breaching the provisions of the Food Safety Standards (FSS) Act.The company was also facing criminal proceedings for violations of the regulations provided under the Food Safety Standards (Food Product Standards and...
Writ Petitions Being Filed Against Execution Orders Passed Under Maharashtra Co-Operative Societies Act, Generating Litigation: Bombay HC
In relation to the Maharashtra Co-operative Societies Act, 1960, the Bombay High Court on Monday (February 10) orally remarked that the Act seems to be generating litigation before the court and that it would interact with the Advocate General on the issue.“We are going to interact with Advocate General on this...writ petitions are being filed for execution of order passed by Deputy...