Bombay High Court
Authority Processing Duty Credit Scrip Applications Is 'Adjudicating Authority' For Appeal Under Foreign Trade Act: Bombay High Court
In a case under the Foreign Trade (Development and Regulation) Act, 1992, the Bombay High Court held that the authority processing applications for duty credit scrip entitlement must be considered an 'adjudicating authority', whose decisions are subject to appeal, for the limited purpose of Section 15 read with Section 9 of the Act.For context, Section 9 deals with the issuance, suspension...
In-Laws Keeping Young Child Away From Mother In Defiance Of Court Order Is Cruelty U/S 498A IPC: Bombay High Court
In a significant ruling, the Aurangabad bench of the Bombay High Court on Wednesday held that keeping a minor child away from the mother in defiance of a court order would amount to mental harassment and cruelty. A division bench of Justices Vibha Kankanwadi and Rohit Joshi refused to quash an FIR against the in-laws of a woman, after noting that her husband, the main accused, had...
Bombay High Court Enhances Compensation To Wadia Trust For Land Acquired For Mumbai Airport, Cites Amendment To Section 25 Of 1894 Law
While considering land acquisition references, the Bombay High Court has observed that if an award is passed under the Land Acquisition Act, 1894 after amendment to Section 25, the court is empowered to grant compensation at a higher amount than that awarded by the Collector as per the amended provision.Prior to the amendment, Section 25 stipulated that the Court could not grant...
Lulu International Malls Assures Bombay High Court It Will Not Play Copyright Songs On Its Premises
The Lulu International Shopping Malls, recently assured the Bombay High Court that henceforth it will not use sound recordings or songs owned by the Phonograhic Performance Limited (PPL) without obtaining a valid licence from it.Single-judge Justice Riyaz Chagla accepted the statement made by the mall. "Defendant No.1, on instructions, states that it shall in respect of events of any kind...
Bombay High Court Slaps ₹25K Costs On School Clerk For Attempting To 'Hoodwink' Judiciary
The Bombay High Court recently imposed costs of Rs 25,000 on a clerk working in an educational institution, for attempting to 'hoodwink' the judiciary.A division bench of Justices Ravindra Ghuge and Ashwin Bhobe deprecated the practice of litigants filing "chance" petitions."The time has come for this Court to ensure that litigants who attempt to hoodwink the Court, should realize that...
"Cannot Force Citizens To Run From Pillar To Post": Bombay HC Slaps ₹1 Lakh Cost On Insurance Company For Circumventing Ombudsman's Order
The Bombay High Court on Monday, while slapping exemplary costs of Rs 1 lakh on an insurance company, ordered the Insurance Regulatory and Development Authority (IRDA) and the Ministry of Finance to consider coming up with a mechanism to keep a check on insurance companies as to whether they are complying with the orders of the Insurance Ombudsman.A division bench of Justices Mahesh Sonak...
Ineligibility To Pursue 3-Yr LLB Course Was Raised After Graduation: Plea In Bombay HC Challenges State Bar Council's Denial Of Enrolment
A petition has been filed in the Bombay High Court against the Bar Council of Maharashtra's decision to deny sanad/enrolment to a law graduate who completed a 3-year LLB on the ground that her aggregate marks in bachelor's degree prior to LLB were less than 45% aggregate marks.The Bar Council of Maharashtra denied the petitioner's enrolment in view of Rule 7 of the Rules of Legal Education,...
Mira Road Communal Riots: Bombay High Court Grants Bail To 14 Muslim Men, Booked For Rioting, Injuring Hindu Family
The Bombay High Court on Monday granted bail to 14 Muslim men accused of rioting and injuring a Hindu family as it celebrated the consecration of the Ayodhya Lord Ram Temple in Mira Road, on January 21, this year.Single-judge Justice Nijamoodin Jamadar noted that the accused were in custody since January and the fact that given the huge number of witnesses and accused, the trial is unlikely to...
Unified Development Control & Promotional Regulations Must Be Read In Consistence With Maharashtra Regional Town Planning Act: High Court
In a case relating to the denial of Occupation Certificate (OC) to a developer, the Bombay High Court has observed that the restrictions on land use and development commences when the Draft Regional Plan (DRP) under the Maharashtra Regional Town Planning Act, 1966 (MRTP Act) is published.In doing so, the Court stated that the any permission granted under the MRTP Act before coming into effect...
Duty Bound To Implement Court Orders: Bombay HC Imposes 25K Cost Over Police's Failure In Returning Passport Despite Court Order
The Bombay High Court on Monday while pulling up the Mumbai Police for not returning the passport of a man, despite a clear order by a Sessions court, said the Police is duty bound to implement an order passed by any court.A division bench of Justices Revati Mohite-Dere and Shivkumar Dige also imposed costs of Rs 25,000 on the State for the failure of the officers at Mumbai's plush Cuffe...
'Sophisticated Form Of Extortion': Bombay High Court Slaps Rs 5 Lakh Costs On 'Unscrupulous' Tenant For Frivolous Petition
The Bombay High Court while slapping a fine of Rs 5 lakh on a tenant for 'obstructing' redevelopment of a nearly 83-year-old building, observed that often such petitions by tenants amount to 'sophisticated form of extortion' and thus such 'obstructionist' behaviour of the tenants must be deterred.A division bench of Justices Ajay Gadkari and Kamal Khata noted that filing petitions in the court...
Bombay High Court Weekly Round-Up: December 02 - December 08, 2024
Citations: 2024 LiveLaw (Bom) 618 to 2024 LiveLaw (Bom) 624Nominal Index:Bks Galaxy Realtors LLP v. Sharp Properties, 2024 LiveLaw (Bom) 618Aditya Birla Finance Limited Versus Paul Packaging Private Limited, 2024 LiveLaw (Bom) 619Pradipsingh Thakur vs State of Maharashtra, 2024 LiveLaw (Bom) 620Deepak Manaklal Katariay V/s. Ahsok Motilal Katariya and Ors., 2024 LiveLaw (Bom) 621Sunfresh...