Hope Election Commission Will Develop Some Module To Avoid 'Bogus Voting': High Court On MLA's Plea Ahead Of Maharashtra Assembly Elections

The Bombay High Court on Friday (October 18) while dismissing the petition filed by an independent Member of Legislative Assembly (MLA) highlighting the issue of duplicate voter cards, accepted the contention of the Election Commission of India (ECI) that it will be conducting 'free and fair' elections.A division bench of Justices Vibha Kankanwadi and Santosh Chapalgaonkar hoped that the ECI...

Rejecting Plaint Citing SARFAESI Act When Pleadings Claiming Fraud Are Under Specific Relief Act, Amounts To Miscarriage Of Justice: Bombay HC

While hearing a plea concerning the trial court's dismissal of a suit claiming fraud and collusion by a bank and the shareholders of a company, the Goa Bench of the Bombay High Court said that the rejection citing Section 34 SARFAESI Act amounted to miscarriage of justice, as the pleadings and reliefs were sought under the Specific Relief Act. For context, Section 34 of Securitisation...

Bombay HC Quashes Session Judge's Suo Moto Exercise Of Revision Power, Says 'Uncalled Activism' Would Create Hindrance In Legal Proceedings

While quashing a Sessions Court's order taking suo moto cognizance of a Magistrate's order, the Nagpur bench of the Bombay High Court has observed that the suo moto powers have to be used sparingly and when there is a prima facie reason to exercise such powers. It noted that uncalled use of suo moto powers causes unnecessary hindrance to the legal proceedings.A division bench of Justice...

[Seat vs Venue] Bombay High Court Upholds Arbitrator's Discretion To Change Venue Of Arbitral Proceedings

The Bombay High Court bench of Justice Arun R. Pedneker has held that an arbitrator has the authority to change the venue to a conveniently located place even if the venue is specified in the agreement. The court held that the arbitrator may shift the venue if conducting proceedings at the agreed venue would be detrimental to the arbitration process. It observed that Section 20(3) does...

Failed To Comply With S.23(4) Of MVAT Act Along With Non-Application Of Mind & Legal Malafide: Bombay HC Quashes Assessment, Imposes 50K Cost On Dept

While considering a case where the Commercial tax department has flagrantly breached the statutory provisions of Sec 23(4) of the MVAT Act, the Bombay High Court ruled that assessment order passed by Commissioner of Sales tax is vitiated by total non-application of mind. Since a strong prima facie case is made out about manipulating the date of passing the assessment order, the High...

"Violates Right To Education": Parents Of School Children Approach Bombay High Court Against 'Poll Duties' For Teachers Amid Exams

Parents of a school in the city have moved the Bombay High Court challenging various circulars of the Election Commission of India (ECI) and also the Brihanmumbai Municipal Corporation (BMC) deploying over 2000 employees of the Education Department, mostly teachers as Booth Level Officers (BLOs) and Polling Station Officers (PSOs) for the upcoming State Assembly Elections.A division bench...

'Reasons For Delay In Deciding A Case' Is Not 'Information' Under RTI Act: Bombay High Court

The Bombay High Court on Thursday held that 'reasons for delay in taking a decision or deciding a case' cannot qualify 'information' as defined under the Right To Information (RTI) Act and thus, one cannot ask 'reasons' in an RTI application.A division bench of Justices Mahesh Sonak and Jitendra Jain quashed an order of the Central Information Commission (CIC) which had imposed costs of Rs...

Bombay High Court Dismisses Plea Challenging Election Of Shiv Sena (UBT) Leader Anil Desai To 18th Lok Sabha

The Bombay High Court recently dismissed a petition challenging the election of Shiv Sena (Uddhav Thackeray) faction's Anil Desai to the 18th Lok Sabha from Mumbai South-Central constituency, observing that the petition failed to establish the 'material impact' on the elections that concluded in June this year.Single-Judge Justice Sharmila Deshmukh noted that the only ground on which...

Application U/S 34 Of Arbitration Act To Challenge Award Passed U/S 18(4) Of MSMED Act Is Governed By Agreement Between Parties: Bombay HC

The Bombay High Court Bench of Justice Jitendra S. Jain And M.S. Sonak, held that the jurisdiction of the Court to hear the application under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) to challenge the award passed under Section 18(4) of the MSMED Act would be governed by the agreement between the parties which has conferred exclusive jurisdiction...

"Painful To Stay In Indian Jails": Bombay HC Directs Complainant To Pay Rs 4.2 Lakhs Compensation To Man Wrongly Jailed At His Instance

Observing that it is most painful to stay in the overcrowded jails in India, the Bombay High Court recently while granting bail to a man 'wrongly' made an accused, ordered the complainant to pay Rs 4,20,000 to him for curtailing his freedom and for loss of his income.Single-judge Justice Sanjay Mehare, sitting at Aurangabad bench, noted that the petitioner, a labourer, was in jail from...

"Possible That Daughter Implicated Father In False Rape Case Due To Matrimonial Dispute Between Parents": Bombay High Court Grants Bail To Man

The Bombay High Court on Tuesday (October 15) while granting bail to a man, booked for allegedly sexually assaulting his own minor daughter, observed that there is every possibility of the daughter implicating her father in a false case at the behest of her mother, since the parents have locked horns in a separate matrimonial dispute.Single-judge Justice Manish Pitale noted the...

Scope Of Examination By Referral Court U/S 11 Of Arbitration Act Is Limited, Substantive Issues To Be Dealt With By Tribunal: Bombay High Court

The Bombay High Court Bench of Justice Firdosh P. Pooniwalla held that the scope of examination under section 11 (6A) of the Arbitration and Conciliation Act should be confined to the existence of an arbitration agreement on the basis of Section 7 of the Act. Similarly, the validity of an arbitration agreement, in view of Section 7 of the Act, should be restricted to the requirement...