Arbitrator Cannot Be Substituted U/S 29A(6) Of A&C Act Unless Grounds Mentioned U/S 14 & 15 Are Satisfied: Bombay High Court

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that even though the term "substitution" is mentioned under Section 29-A(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act), an arbitrator cannot be substituted in an application under this section unless the grounds specified in Sections 14 and 15 of the Arbitration Act are satisfied, which...

Religion Is One Consideration In Custody Matter But Welfare Of Child Paramount: Bombay High Court

The Bombay High Court on Monday dismissed the habeas corpus petition filed by the second husband of popular fashion entrepreneur and social media influencer Pernia Qureshi, who sought the custody of their three year old daughter.A division bench of Justices Sarang Kotwal and Shriram Modak reiterated that though religion is one of the considerations in child custody matters, yet the welfare of...

Bombay HC Dismisses Appeal Against Order U/S 9 Of Arbitration Act Injuncting Owner Of Kapani Resorts From Disposing Of Interest In Properties

The Bombay High Court bench of Chief Justice Alok Aradhe And Justice M. S. Karnik has upheld the order passed by the Single Judge under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), injuncting the owner of the Kailash property and Kapani Resorts from alienating or disposing of any interest in the properties until the completion of the...

Bombay High Court Weekly Round-Up: April 21 – April 27, 2025

2025 LiveLaw (Bom) 150 to 2025 LiveLaw (Bom) 163Nominal Index:Brijesh Barot vs Registrar General, High Court, 2025 LiveLaw (Bom) 150Elite Housing LLP Versus The Spectrum CHS Ltd., 2025 LiveLaw (Bom) 151Al-Quraish Human Welfare Association & Ors vs. The State Of Maharashtra, 2025 LiveLaw (Bom) 152High Court On Its Own Motion vs Vineeta Srinandan, 2025 LiveLaw (Bom) 153Arun Hastimal Firodia...

If Fresh Appointment Made After Termination, Previous Service Period Cannot Be Counted For Pension Calculations: Bombay HC

Bombay High Court: A division bench consisting of Justices Ravindra Ghuge and Ashwin Bhobe dismissed a writ petition that prayed for the counting of earlier service in pension calculations. The court held that any reappointment made after terminating the previous service cannot be linked to the earlier service period. The court explained that if previous service was terminated,...

Deletion Of Names Through Chamber Summons Does Not Render Appeal U/S 50(1)(B) Of A&C Act As Not Maintainable: Bombay High Court

The Bombay High Court bench of Justices A.S. Chandurkar and M.M. Sathaye has observed that when a common arbitration petition seeking recognition, enforcement and execution of a foreign award is declined against all the respondents, the mere fact that some respondents had successfully filed chamber summons seeking deletion of their names would not render the appeal filed...

'Easy To Point Finger At Authorities': Bombay HC In Senior Citizens' PIL Against Illegal Parking, Asks Them To Try Creating Awareness

While hearing a PIL seeking action against illegal parking near a railway station, the Bombay High Court asked the petitioners whether they would visit the station between 10 am and 5 pm to "create awareness" on the issue. A division bench of Chief Justice Alok Aradhe and Justice MS Karnik remarked that 'public spirited persons' should provide a remedy to the problem, instead of just...

Maharashtra Police Agrees To Hand Over Probe Papers In Badlapur Fake Encounter Case To SIT After Bombay HC Rap

The Bombay High Court today rapped the Maharashtra Police for failing to transfer the investigation in the Badlapur 'Fake' Encounter case to an SIT formed by the High Court on April 7.A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale remarked that the act of the State Police of not transferring the case despite clear orders amounts to 'brazen violation' of its orders and...

Bombay High Court Directs Mumbai Police Not To Arrest Kunal Kamra In FIR Over Alleged Remarks On Eknath Shinde But Probe May Continue

The Bombay High Court today (April 25) directed the Mumbai Police to not arrest comedian Kunal Kamra in the First Information Report (FIR) lodged against him, following his satirical video and "gaddar" comment purportedly made against Maharashtra's Deputy CM Eknath Shinde.A division bench of Justices Sarang Kotwal and Shriram Modak said the agency should go to Chennai (close to Villupuram...

Muslim Father Who Gifts Property To Son Need Not Hand Over 'Actual & Physical' Possession, Can Reside In Same Property: Bombay High Court

A Muslim father, who transfers his property to his son as a gift known as 'Hiba' under the Islamic Law, can continue to reside in the said property along with his son and need not leave the said residence as the law does not mandate delivery of 'actual and physical' possession of the property other it only provides for 'constructive possession', the Nagpur bench of the Bombay High Court...

Bombay High Court Orders Maha Govt To Upload State's Prison Manual & Police Manual On Internet To Educate Citizens

The Bombay High Court on Thursday ordered the Maharashtra Government to put up the State's Prison Manual and also Police online so as to help prisoners and their relatives learn more about their rights, while in jail. A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale noted that the Prison Manual is one of the documents which is not on available on the internet and thus...

[Maharashtra Rent Control Act] Govt Allottee Will Qualify As Deemed Tenant Only On Legal Possession Of Requisitioned Premises: Bombay HC

The Bombay High Court has observed that a Government allottee who does not hold a 'legal occupation or possession' of a property under the Maharashtra Rent Control Act 1999 cannot be considered as a 'deemed tenant' under Section 27 of the Act.Section 27 of the Rent Control Act provides for the State Government or a Government allottee to become a deemed tenant as on 7 December 1996. If...