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 Agro Industries Pvt. Ltd vs. State of Maharashtra & anr., 2024 LiveLaw (Bom) 622Anna Mathew vs. State of Maharashtra & Ors., 2024 LiveLaw (Bom) 623Harsh Mehta Versus Securities and Exchange Board of India and Ors., 2024 LiveLaw (Bom) 624Judgments/Final Orders: After Execution Of Sale Deed, Arbitration Clause Mentioned In Agreement For Sale Becomes Ineffective: Bombay High CourtCase Title: Bks Galaxy Realtors LLP v. Sharp PropertiesCitation: 2024 LiveLaw (Bom) 618The Bombay High Court Bench of Justice R. I. Chagla has held that the Agreement for sale has come to an end by the execution of the Deed of Conveyance / Sale Deed. It is well settled that once a Conveyance is executed, the object, purpose, effectiveness and validity of the Agreement for sale comes to an end. Therefore, the arbitration clause in the Agreement comes to an end as the Agreement stands fully discharged and does not have any legal effect upon the execution of the Conveyance.SARFAESI And Arbitration Proceedings Can Proceed Parallely As Nature Of Both Proceedings Is Distinct: Bombay High CourtCase Title: Aditya Birla Finance Limited Versus Paul Packaging Private Limited Citation: 2024 LiveLaw (Bom) 619The Bombay High Court bench of Justice Advait M Sethna has affirmed that SARFAESI proceedings are in the nature of enforcement proceedings, while arbitration is in the context of an adjudicatory proceedings. The SARFAESI proceedings and arbitration proceedings thus can proceed parallely.The court further observed that the role of referral court under section 11 of the Arbitration Act is very limited to verifying the existence of an arbitration agreement.Strangulating Pregnant Wife To Death Not Exceptionally Violent Or Brutal: Bombay High Court Declares Husband Eligible For RemissionCase Title: Pradipsingh Thakur vs State of Maharashtra Citation: 2024 LiveLaw (Bom) 620Strangulating a pregnant wife to death over unfulfilled dowry demands, is not exceptionally violent or brutal, held the Bombay High Court at Nagpur, while granting remission to a police personnel, convicted for killing his pregnant wife.A division bench of Justices Nitin Sambre and Vrushali Joshi held that the petitioner - Pradipsingh Thakur was eligible for remission under the Government Resolution (GR) issued on March 15, 2010, and therefore, categorised him for 22 years imprisonment - a category, which does not apply on offences where offender exhibited exceptional violence or brutality."Maintainability" And "Jurisdiction" Cannot Be Conflated While Deciding Application U/S 20 Of Arbitration Act, 1940: Bombay HCCase Title: Deepak Manaklal Katariay V/s. Ahsok Motilal Katariya and Ors.Citation: 2024 LiveLaw (Bom) 621The Bombay High Court bench of Justice Amit Borkar has held that maintainability and jurisdiction cannot be used interchangeably as they connote different things. Lack of jurisdiction results in the nullity of proceedings, as the court inherently lacks authority to adjudicate. Non-compliance with maintainability bars leads to dismissal without deciding the merits of the case but does not affect the court's inherent power.State Can't Treat Similarly Situated Parties Differently: Bombay High Court Orders Release Of ₹75 Lakhs Export Subsidy To ManufacturerCase title: Sunfresh Agro Industries Pvt. Ltd vs. State of Maharashtra & anr.Citation: 2024 LiveLaw (Bom) 622While directing the State Government to release an export subsidy amount of Rs. 75 lakhs to a manufacturer, the Bombay High Court observed that denying the subsidy to the manufacturer after it was disbursed to a similarly situated manufacturer, would violate Article 14 of the Constitution.A division bench of Justice B. P. Colabawalla and Justice Firdosh P. Pooniwalla noted that non-payment of subsidy to the manufacturer would amount to treating identically placed parties differently, which is against the principles of fairness and non-discrimination under Article 14.Bombay High Court Upholds Post-Graduate Medical Admission Criteria For Domiciled Candidates Who Obtained MBBS Degree Outside MaharashtraCase title: Anna Mathew vs. State of Maharashtra & Ors.Citation: 2024 LiveLaw (Bom) 623The Bombay High Court has upheld the framework for PG medical course admission in Maharashtra which mandates domiciled candidates who obtained MBBS degree outside the State, to have secured admission to MBBS course under the All-India Quota in any Government Medical College or the All India Institute of Medical Sciences or any other Central Government Institution, to be eligible for State Quota.A division bench of Justice B. P. Colabawalla and Justice ...

Bombay High Court Weekly Round-Up: December 02 - December 08, 2024

Sanjana Dadmi

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