Interpreting Property's 'Built-Up Area Wall-To-Wall' As Carpet Area Is Commercially Sound: Bombay High Court

The Bombay High Court has dismissed a petition under section 34 Arbitration and Conciliation Act, 1996 (Arbitration Act) filed by the Developer-partners of Lukhi Associates challenging a 2020 arbitral award arising out of disputes under a 2010 Development Agreement with the Saini family. Justice Somasekhar Sundaresan upheld the award, holding that “what the Learned Arbitral Tribunal...

Catching Hold Of Child's Hand & Offering Money For Sexual Favours Amounts To 'Sexual Assault' Under POCSO Act : Bombay High Court

The Bombay High Court (Nagpur Bench) has held that the act of catching hold of a minor girl's hand, when accompanied by an offer of money in exchange of sexual favours, squarely falls within the definition of 'Sexual Assault' under Section 7 POCSO Act which is punishable under Section 8. A bench of Justice Nivedita P Mehta thus dismissed an appeal filed by a 25-year-old man...

Bombay High Court Rejects Suit Filed By Lilavati Kirtilal Mehta Medical Trust Against Trustee, Says Consent Of Charity Commissioner Needed

The Bombay High Court has held that where a suit is instituted by a public trust for recovery of compensation or other reliefs against an erstwhile trustee in respect of trust property, such suit must comply with Sections 50 and 51 of the Maharashtra Public Trusts Act, 1950, and cannot be instituted without first obtaining the written consent of the Charity Commissioner. The Court held that...

Bombay Sales Tax Act | High Court Says Canned Pineapple Slices Cannot Be Classified As 'Fresh Fruits', Denies Tax Exemption

In a significant ruling on product classification under the Bombay Sales Tax Act, 1959, the Bombay High Court has held that canned pineapple slices, pineapple tidbits and fruit cocktail preserved in sugar syrup cannot be treated as “fresh fruits” for the purpose of Entry A-23 of the Schedule to the Act. A Division Bench of Justice M.S. Sonak and Justice Advait M. Sethna answered...

Limitation For ITAT Rectification Runs From Date Of Receipt Of Order, Not Date Of It's Passing: Bombay High Court

The Bombay High Court has held that the limitation period for filing a rectification application under Section 254(2) of the Income Tax Act begins when the assessee receives the ITAT order, and not merely from the date on which the order is passed. The Court ruled that the Income Tax Appellate Tribunal (ITAT) had completely misdirected itself in rejecting a rectification plea by Accost...

Maharashtra Cooperative Societies Act | Authorised Officer Becomes Functus Officio Once Replaced By Competent Authority: High Court

The Bombay High Court held that an authorised officer under Section 88 of the Maharashtra Cooperative Societies Act, 1960, becomes functus officio the moment a competent authority replaces him, irrespective of whether the officer had personal knowledge of the substitution. The Court observed that administrative orders take legal effect when issued by the competent authority, not when they...

Complete Violation During Bhajans, Azans & Club Events : High Court Registers Suo Motu PIL On Recurring Noise Pollution In Nagpur

The Bombay High Court (Nagpur Bench) recently took Suo Moto cognizance of the 'recurring' issue of noise pollution in Nagpur city and explicitly named prominent clubs, temples and Dargahs adding that activities like 'bhajans', 'azans' and various celebrations and events are conducted in violation of the law. A bench of Justice Anil L Pansare and Justice Raj D Wakode said that state...

Nescafé Premix Is 'Instant Coffee', Attracts Lower Sales Tax Rate: Bombay High Court

The Bombay High Court in a matter concerning classification of Nescafé Premix and if it was exigible to sales tax at the rate of 8% or 16%, has held that a premix resulting in 'Coffee and Instant drinks' would be classifiable as such, attracting lower rate of tax. (8% not 16%). In a judgment dated November 27, 2025 the Bench comprising Justice M.S. Sonak and Justice Advait...

Objectionable Online Posts Defaming Woman May Attract Offences Of 'Outraging Modesty' & 'Stalking' Under IPC: Bombay High Court

The Bombay High Court (Nagpur Bench) on Tuesday observed that posting objectionable content on social media platforms to defame a woman can also constitute the serious offences of 'Stalking' (Section 354-D) and 'Assault or criminal force to woman with intent to outrage her modesty' (Section 354) under the Indian Penal Code (IPC). A Bench of Justice Urmila Joshi-Phalke and Justice...

Bombay High Court Bars Chemco Plast From Using “CHEMCO” As Trademark, Allows Use As Domain Name

The Bombay High Court has partly granted an interim injunction in favour of Chemco Plastic Industries Pvt. Ltd, restraining rival plastic manufacturer Chemco Plast from using the marks “CHEMCO” or “CHEMCO PLAST” as trademarks. However, the Court declined to stop the firm from using “Chemco” as its trade name or domain name, citing its long and concurrent use.A single bench of...

Bombay High Court Quashes SVLDRS-3 Issued Under 'Arrears'; Says It Must Be Reassessed Under 'Litigation' Category With 70% Relief

The Bombay High Court has set aside the SVLDRS-3 Form issued to M/s Unique Enterprises, holding that the case should have been assessed under the “Litigation” category of the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, and not under the “Arrears” category. The Court ruled that the duty demand in the case had not attained finality, and therefore the assessee was...

Bombay High Court Sets Aside Order Rejecting Yamaha Motors India's NCCD Rebate Claim; Says Core Issues Not Examined

The Bombay High Court has set aside the Union Government's order denying India Yamaha Motor Pvt. Ltd. a rebate of ₹3.26 crore towards National Calamity Contingent Duty (NCCD) paid on exported motorcycles, holding that the authority failed to examine the core statutory requirements under the Central Excise Rules. A Division Bench of Justice M.S. Sonak and Justice Advait M....