Bombay High Court Weekly Round-Up: May 9 To May 15, 2022

Nominal Index The State of Maharashtra Vs Guddu Krish Yadav, 2022 LiveLaw (Bom) 181 Ansari Mohammed Zaki vs The State of Maharashtra 2022 LiveLaw (Bom) 182 Adani Electricity Mumbai Ltd. vs The Chief Conciliator, under Maharashtra Industrial Relations Act, 1946 and Ors., 2022 LiveLaw (Bom) 183 Sandeep Dwellers Private Limited Vs The State of Maharashtra & ors, 2022 LiveLaw (Bom) 184 Bafna Motors Private Limited versus Amanulla Khan, 2022 LiveLaw (Bom) 185 M/s Atul & Arkade Realty v. I.A. & I.C. Pvt. Ltd., Arbitration Application No. 72 of 2013, 2022 LiveLaw (Bom) 186 Prajith Thayyil Kallil S/o Jogesh K J Versus The State of Maharashtra, 2022 LiveLaw (Bom) 187 Vapi Infrastructure and Industrial Township LLP Versus Income Tax Officer Ward, 2022 LiveLaw (Bom) 188 ABC Versus The State of Maharashtra and Anr., 2022 LiveLaw (Bom) 189 ROUND-UP 1. Can't Get Carried Away By Heinousness Of Crime – Bombay High Court Acquits Man on Death Row Case Title: The State of Maharashtra Vs Guddu Krish Yadav Citation: 2022 LiveLaw (Bom) 181 The court acquitted a man sentenced to death by a sessions court in 2015 for the double murder of a colleague and his wife by pouring acid on the sleeping couple as revenge tactic for complaining to about him their employer. "Merely because the crime is heinous and brutal, it would not be just to get carried away sans any legal proof required to substantiate the charge of murder on the accused," the bench observed noting that the police seems to have fabricated the dying declaration. 2. "Sell Builder's Property In 15 Days If No Settlement With Buyer": Bombay High Court On Unexecuted MAHARera Orders Case Title: Ansari Mohammed Zaki vs The State of Maharashtra Citation: 2022 LiveLaw (Bom) 182 Cracking the whip against revenue authorities who failed to execute MahaRERA orders in favour of a flat purchaser, the Bombay High Court directed the attachment and sale of a builder's property within merely 15 days if settlement talks fail. 3. Bombay High Court Imposes 2 Lakh Cost On Adani Electricity For Workers Union, Says Law So Unambiguous Even Reliance Or BSES Didn't Raise Dispute Case Title: Adani Electricity Mumbai Ltd. vs The Chief Conciliator, under Maharashtra Industrial Relations Act, 1946 and Ors. Citation: 2022 LiveLaw (Bom) 183 The Court imposed costs of Rs. 2 lakh on Adani Electricity Limited payable to Mumbai Electric Workers' Union while dismissing a petition in which the company claimed it was no covered under Maharashtra Industrial Relations Act, 1946 (MIR Act). 4. Stamp Duty Refund Also Applicable To All Development Agreements Signed Between Sep, 2020- March 2021 - Bombay High Court Case Title: M/s. Sandeep Dwellers Private Limited Vs The State of Maharashtra & ors Citation: 2022 LiveLaw (Bom) 184 All Development Agreements signed between September 1, 2020 and March 31, 2021 would qualify for 1.5-2% refund of stamp duty as per the scheme announced by the Maharashtra Government during the Covid-19 pandemic in the year 2020, the Bombay High Court ruled. In the landmark judgement, the HC held that the stamp duty payable on a Development Agreement is as per the duty payable on a Conveyance under Article 25 of the Maharashtra Stamp Act, 1958 and, therefore, Development Agreement would have to be treated at par with an instrument of Conveyance. 5. Claim For Recovery Of Security Deposit Or Damages Under License Agreement Is Arbitrable & Not Barred By Section 41 Of The Small Cause Courts Act: Bombay High Court Case Title: Bafna Motors Private Limited versus Amanulla Khan Citation: 2022 LiveLaw (Bom) 185 The Bombay High Court reiterated that where the parties to a Leave and License Agreement are governed by an Arbitration Agreement, determination of the dispute relating to recovery of the security deposit under the said License Agreement through arbitration is legally permissible. The Single Bench of held that the expression "charges" as provided under Section 41 of the Presidency Small Cause Courts Act, 1882, which confers exclusive jurisdiction to the Small Causes Court with respect to a dispute between a licensor and a licensee relating to recovery of an immovable property situated in Greater Bombay or recovery of licence fee, charges or rent, cannot subsume in its fold a claim for damages. 6. The Court Shall Refer The Parties To Arbitration When There Is A Duality Of Expert Opinion As To The Genuineness Of The Agreement: Bombay High Court Case Title: M/s Atul & Arkade Realty v. I.A. & I.C. Pvt. Ltd., Arbitration Application No. 72 of 2013. Citation: 2022 LiveLaw (Bom) 186 The Bombay High Court held that when an allegation as to the fraud and forgery committed in the execution of the agreement is made and there is a duality of expert opinion on the genuineness of the agreement, the court shall refer the matter to the...

Bombay High Court Weekly Round-Up: May 9 To May 15, 2022

Sharmeen Hakim

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