Even Consensual Sex With Minor Wife Is Rape: Bombay High Court

In a significant ruling, the Bombay High Court bench at Nagpur recently held that a man even if indulging in consensual sexual intercourse with his wife, who is below the age of 18 years, can be booked for the offence of rape, irrespective of the wife's consent.Single-judge Justice Govind Sanap while upholding the conviction of a man for raping his minor wife, rejected his argument that...

No Judge Will Decide Cases Based On A Film: Bombay HC On Plea Apprehending "Match Fixing" Movie May Affect Malegaon Blast Case Verdict

The Bombay High Court while clearing the decks for the release of the controversial film 'Match Fixing: The Nation is At Stake', said no judge in India would ever decide a trial on the basis of a movie's plot.A division bench of Justices Burgess Colabawalla and Somasekhar Sundaresan pulled up one of the petitioners, Lieutenant Colonel (Lt. Col.) Prasad Purohit, for objecting to the...

Refund Rejection Order Passed Without Hearing Opportunity Violates Rule 92(3) Of CGST Rules, Principles Of Natural Justice: Bombay High Court

The Bombay High Court stated that refund rejection order passed without hearing opportunity violates rule 92(3) of CGST Rules, 2017 and principles of natural justice. The Bench of Justices M. S. Sonak and Jitendra Jain observed that “……in any event, proviso to Rule 92(3) of the CGST Rules, 2017, contemplates reasonable opportunity to be heard, implying that such hearing should...

Single Transaction Of Assignment Of Debt Not 'Commercial Dispute': Bombay HC Imposes Cost Of ₹5 Lakh On Plea For Return Of Plaint In Summary Suit

The Bombay High Court has observed that a dispute arising out of a singular transaction of assignment of debt cannot be considered a 'commercial dispute' under Section 2(1)(c) of the Commercial Courts Act, 2015.Varanium Cloud Ltd (applicant/defendant) filed an interim application for return of plaint on the ground that the suit was incorrectly instituted by Rolta Private Ltd (plaintiff) as...

Bombay HC Restrains Sports Authority Of India From Using Unlicensed Songs Of Phonograhic Performance Ltd At 'Horn Okay Please' Food Festival

In what could spell trouble for Delhi's popular food festival - 'Horn Ok Please', the Bombay High Court in an interim order on Tuesday (November 12) restrained the Sports Authority of India (SAI) from playing songs or music owned by the Phonograhic Performance Limited (PPL) without obtaining prior licence. Notably, the Horn Ok Please festival will be held in SAI's Jawaharlal Nehru Sports...

High Court As Court Of Record Can Recall Or Review Orders Passed U/S 11 Of Arbitration Act: Bombay High Court

The Bombay High Court bench of Justice Manish Pitale has held that the moment it becomes clear that the power under Section 11(6) of the Arbitration Act is being exercised by the “High Court” and not by an authority in the form of the “Chief Justice or any person or institution designated by him”, there can be no confusion about the fact that as a constitutional court and court...

Daughter Has No Inheritance Right In Father's Properties If He Died Before 1956, Leaving Behind Daughter & Her Mother: Bombay High Court

In a significant ruling, the Bombay High Court on Tuesday (November 12) held that a daughter will not have any limited or absolute right of inheritance in the properties of her father, if he has died prior to the enforcement of the Hindu Succession Act, 1956.A division bench of Justices Atul Chandurkar and Jitendra Jain answered a reference - Whether a daughter could acquire any right, either...

Party Can Waive Arbitrator's Ineligibility U/S 12(5) Of Arbitration Act By Express Agreement In Writing: Bombay High Court

The Bombay High Court bench of Justice Rajesh S. Patil affirmed that once an ineligibility to act as Arbitrator is waived by an express agreement in writing under proviso to section 12(5) of the Arbitration Act, waiving party is prohibited from claiming ineligibility of the Arbitrator for the first time under section 34 of the Arbitration Act. In this case, the petitioner had waived...

Bombay High Court Issues Interim Injunction Against Trademark & Copyright Infringement Of 'CAMPA' Soft Drinks By “Jhampa”

The Bombay High Court has issued a temporary injunction against trademark and copyright infringement 'CAMPA' beverages, owned by Reliance Retail Ltd.Reliance (plaintiff) filed the suit against the defendants for trademark infringement, passing off and copyright infringement of the non-alcoholic Campa beverages. The mark 'CAMPA was adopted by Campa Beverages Private Ltd in 1972. Reliance...

Entire Mumbai Has Been Encroached By Hawkers, State Cannot Express Helplessness: High Court Pulls Up State Govt, Mumbai Police

The Bombay High Court while pulling up the Maharashtra government, Mumbai Police and also the Brihanmumbai Municipal Corporation (BMC), observed that the there is not a single lane in entire Mumbai which is free from hawkers.A division bench of Justices Ajay Gadkari and Kamal Khata said the entire city is encroached by illegal hawkers thereby making it difficult for the citizens to walk freely...

[Maharashtra Elections] Court Can Interfere In Electoral Process Only To Progress And Further It: HC Denies Relief To Candidate Over Rejected Nomination

The Bombay High Court last week held that the High Courts do have 'jurisdiction' and 'power' to interfere in the electoral process but the same must be exercised only to further the process or progress of the elections.A division bench of Justices Arif Doctor and Somasekhar Sundaresan, which was presiding over a vacation court on November 6, refused to grant any relief to one Ashish Gadkari,...

RTI | Disclosure Of Marks Obtained By Candidates In Public Recruitment Process Is Not Invasion Of Privacy: Bombay High Court

In a significant ruling, the Bombay High Court on Monday held that the disclosure of marks obtained by candidates in a public recruitment process would not invade the privacy of the candidates and that such disclosure is permissible under the Right To Information (RTI) Act, 2005.A division bench of Justices Mahesh Sonak and Jitendra Jain quashed the orders passed by a Public Information...