Bombay High Court
No Privity Of Contract: Bombay HC Rejects 31.77 Million USD Appeal By Insurance Companies Against Company Providing Airport Handling Services
The Nagpur Bench of Bombay High has dismissed a Commercial appeal filed by insurance companies for recovery of an amount of 31.77 million US Dollars against a company providing airport handling services, on the ground that that there was no privity of contract between the parties.A division bench of Justice Bharati Dangre and Jusitce Abhay J. Mantri was considering the appellants' challenge...
S.27A Customs Act | Interest On Delayed Refund Is Payable After Three Months Of Date Of Refund Application, Not From Date Of Order: Bombay HC
Pointing that the Department has delayed the refund on customs duty that was due & payable to assessee for almost ten years, the Bombay High Court ruled that such action of Department in avoiding the payment of interest on delayed refund by raising frivolous pleas, cannot be sustained. Referring to Supreme Court decision in Union of India Vs. Hamdard (Waqf) Laboratories [AIR 2016...
S. 295 IPC | Throwing Earth Material, Stones On Grave While Digging Land Doesn't Damage It, No Religious Sentiments Are Hurt: Bombay High Court
The Bombay High Court while quashing a First Information Report (FIR) lodged against a businessman under section 295 of the Indian Penal Code (IPC) held that mere throwing of earth material (soil, rocks etc) and stones on a grave while carrying out a digging work nearby it, would not amount to damaging, destroying or defiling the grave to hurt the religious sentiments.Sitting at Aurangabad,...
Development Activities Needed To Generate Funds: Bombay High Court Says Wadia Trust Empowered To Develop Lands To Fund Charitable Activities
In relation to an opinion sought by a Public Trust, the Bombay High Court has observed that the Trust is empowered to undertake development activities on its land either singly or through a joint venture for executing the Slum Rehabilitation Scheme, in order to generate revenue for its charitable activities.Background A single judge bench of Justice Abhay Ahuja was considering the...
Bombay High Court Quashes FIR Against Man Booked For Insulting Woman's Modesty By 'Moving His Hands Over Nude Lady-Shaped Paperweight'
The Bombay High Court recently quashed a First Information Report (FIR) lodged against a Superintendent Engineer of the Maharashtra State Electricity Distribution Company Limited (MSEDCL), who was booked for insulting the modesty of a female employee by moving his hands over a paperweight, which the complainant said depicted the shape of a 'nude lady.'A division bench of Justices Vibha...
Bombay High Court Asks Centre To File Affidavit On Whether It Has Taken Any Decision To Ban Plastic Flowers
The Bombay High Court has asked the Union of India to file an affidavit on whether it considered the recommendations made by the Central Pollution Control Board (CPCB) for the inclusion of plastic flowers in the list of banned single-use plastics.A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar was hearing a petition filed by the Association of Natural...
Taxpayer Can't Be Denied ITC For Merely Filing GST Form Manually If Functionality Issues Are Attributable To Dept: Bombay High Court
Recently, an issue cropped up, where it was emphasized that technicalities created by the Department and not the taxpayer, should not be put forth by the department to defeat the statutory rights and entitlement of the taxpayers.The Bombay High Court ruled that concerned Revenue officials (Respondent) cannot deny the benefits of accrued ITC (input tax credit) to the assessee (Petitioner)...
Bombay High Court Holds Redevelopment Rights of Society Not Part Of Moratorium Process; Issues Writ Of Mandamus For Redevelopment, Upholding Right to Shelter
The Bombay High Court division bench of Justices Kamal Khata and M.S. Sonak has held that if the developer fails to meet its obligations under the Development Agreement, such as paying transit rent and completing construction within the specified time frame, there is a complete failure of consideration, and no rights accrue to it. The court awarded a writ of mandamus for...
Bombay High Court Grants Bail To Accused In ₹6606 Crore Bitcoin Fraud Case, Cites Her Being A Woman, Mother Of Six-Yr-Old
Observing that she is the mother of a six year old, the Bombay High Court last week granted bail to Simpy Bhardwaj, booked under the stringent Prevention of Money Laundering Act (PMLA) by the Enforcement Directorate (ED) in 2023 for her alleged role in India's largest Bitcoin-based Ponzi scheme worth Rs 6,606 crore, related to a Delhi-based firm - Variable Tech Pvt Ltd. Single-judge...
Section 134(2) Of Trademarks Act Does Not Bar Applicability Of Clause XIV Of Letters Patent: Bombay High Court
The Bombay High Court has observed that Section 134(2) of the Trademarks Act, 1999 does not bar a plaintiff from seeking leave of the Court to combine the cause of action of 'passing off' with the suit of infringement under Clause XIV of the Letters Patent.BackgroundBajaj Electricals Limited (petitioner) sought leave of the Court under Clause XIV of the Letters Patent Act to combine the cause...
Can't Allow Amendment To Plaint After Commencement Of Trial Merely Because Applicant Was Illiterate, No Due Diligence Shown: Bombay HC
While setting aside an order allowing amendment of plaint after the commencement of trial, the Bombay High Court has observed an illiterate lady obtaining certified copies of sale deeds cannot be said to have exercised 'due diligence', when she was aware of the sale deeds before filing the suit.A single judge bench of Justice S. M. Modak was considering the petitioners' (defendants) challenge...
Bombay High Court Weekly Round-Up: 07 October – 13 October, 2024
Citation 2024 LiveLaw (Bom) 503 to 2024 LiveLaw (Bom) 519Nominal Index Subhash Athare vs State of Maharashtra, 2024 LiveLaw (Bom) 503Laura D'Souza vs. Lalit Timothy D'Souza, 2024 LiveLaw (Bom) 504 XYZ vs.The State of Maharashtra & Anr., 2024 LiveLaw (Bom) 505 Ruju R. Thakker vs. State Of Maharashtra And Ors., 2024 LiveLaw (Bom) 506 S vs R, 2024 LiveLaw (Bom) 507 Natvar Patel vs State...