[Arbitration Act] S.37 Not An Efficacious Alternate Remedy After Rejection Of Plea U/S 34 Seeking Enhanced Compensation: Bombay High Court

The Division Bench of Bombay High Court comprising Justices Jitendra Jain and M.S. Sonak allowed writ petitions seeking enhanced solatium under National Highways Act, 1956 in view of the decision of the Supreme Court in Union of India v Tarsem Singh and Ors. While doing so the Court rejected the argument of the Respondent that the petitions ought to be dismissed as the Petitioners...

Bombay High Court Weekly Round-Up: May 12 – May 18, 2025

2025 LiveLaw (Bom) 182 to 2025 LiveLaw (Bom) 192Nominal Index:Rizvi Education Society vs The Brihan Mumbai Municipal Corporation, 2025 LiveLaw (Bom) 182Rameshwar Cooperative Housing Society Limited vs Divisional Joint Registrar, Cooperative Societies, 2025 LiveLaw (Bom) 183Girish Dattatray Mahajan vs Anil Thatte, 2025 LiveLaw (Bom) 184Reshu Singh vs Union of India, 2025 LiveLaw (Bom)...

Police Cannot Compel Citizens Or Public Servants To Help Them: Bombay High Court Quashes FIR U/S 188 IPC

The Aurangabad bench of the Bombay High Court recently flagged the 'unfortunate mentality' of the Police Department in the State that everybody must give preference to the work directed by the police or must help the police. A division bench of Justices Vibha Kankanwadi and Sanjay Deshmukh in its order said the police officers cannot make it compulsory for any citizen or public servant to...

[Rent Control Act] In Eviction Suits, Licensee Can't Lead Evidence Contrary To Leave & License Agreement Even If It Is Unwritten: Bombay High Court

The Bombay High Court has explained the scope of Section 24 (b) read with Section 43(4) Of Maharashtra Rent Control Act, 1999.The Bench of Justice Madhav J. Jamdar observed that “The presumption under clause (b) of explanation to Section 24 of the Maharashtra Rent Act is applicable only when an Application for eviction is filed relating to the premises given on licence for residence. In...

Constitution Alone Is Supreme, Legislature, Executive And Judiciary Have to Work Together for the Constitution: CJI Gavai

Amid claims being made that about the 'supremacy' of the Parliament over Judiciary, Chief Justice of India (CJI) Bhushan Gavai on Sunday cleared the air over the said controversy and made it clear that 'Constitution of India' alone is supreme. The CJI said, "On being asked about the issue of who is Supreme, whether Judiciary or Executive or the Parliament? I can say that the Constitution of...

Interim Relief U/S 9 Of Arbitration Act Must Be Sought With 'Reasonable Expedition': Bombay High Court

The Bombay High Court bench of Justice A. S. Chandurkar and Justice Rajesh Patil have held that an applicant under Section 9 of the Arbitration and Conciliation Act, 1996 (“the Act”) must approach the court with reasonable expedition. Delay of several years without adequate explanation is a material factor that militates against the grant of such relief. The court observed that...

Bombay High Court Refuses To Interfere With Suspension Of Law Student For Posts Against 'Operation Sindoor'

The Nagpur bench of the Bombay High Court recently refused to grant any relief to a female law student from the Symbiosis Law School, who was suspended from all 'academic and non-academic' activities of the institution till further orders for posting various 'political' posts on Instagram including one against the recent 'Operation Sindoor' carried out by the Indian Army.Vacation court...

New Full Bench Of Bombay High Court Led By Justice Ravindra Ghuge To Hear Maratha Reservation Matter

The Bombay High Court has constituted a new full bench (three-judge bench) for hearing the petitions challenging the constitutional validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024 which provides for 10 per cent reservation to the Maratha Community in education and public service in the State.The new full-bench will now be headed by...

In-Laws Asking Wife To Divorce Husband So That He Can Marry Girl From Higher Caste Is Not Cruelty: Bombay High Court

In-laws telling a woman to divorce her husband so that he can be married to some other girl of a higher caste is not cruelty under section 498-A of the Indian Penal Code (IPC), the Aurangabad bench of the Bombay High Court held recently. A division bench of Justices Vibha Kankanwadi and Sanjay Deshmukh noted that the allegation against the applicant, the sister-in-law of the complainant...

Bombay HC Orders Woman To Give Voice Sample To Verify Husband's Claim About Extra-Marital Affair, Says Magistrate Has Power Under DV Act

If there is adequate material on record, a person can be compelled to give voice samples, even in Domestic Violence cases, the Aurangabad bench of the Bombay High Court recently held while allowing a husband's appeal seeking a direction to his wife to provide her voice sample so as to prove her 'extra-marital' affair. Single-judge Justice Shailesh Brahme order a woman to provide her...

When Does Lis Pendens Cease To Operate? Bombay High Court Re-Examines S.52 Of Transfer Of Property Act Post-Alienation

The Bombay High Court while re-visiting Section 52 of the Transfer of Property Act has clarified the circumstances under which the Lis Pendens ceases to operate.The Bench of Justice Sharmila U. Deshmukh observed that “Post alienation by way of sale or surrender, the immovable properties are no longer available for distribution and what remains is money claim based on accounts and valuation...

Tenant's Mere Non-Cultivation Of Land Personally Does Not Amount To Breach Of S.32R Of Tenancy Act: Bombay HC

The Bombay High Court stated that mere tenant's non-cultivation of land personally does not amounts to breach of Section 32R of the Tenancy Act.The Bench of Justice Amit Borkar was addressing the issue of whether mere failure of the tenant to cultivate the land personally, in absence of proof of abandonment or unlawful transfer of possession, would justify resumption of land under Section 32R...