Bombay High Court Annual Digest 2024 [Part III]

Repeatedly Following A Minor Girl, Trying To Express Love Despite Her Disinclination Is Sexual Harassment Under POCSO Act: Bombay High Court

Case Title: Mituram Udayram Dhurve vs State of Maharashtra (Criminal Appeal 201 of 2021)

Citation: 2024 LiveLaw (Bom) 436

In a significant ruling, the Nagpur bench of the Bombay High Court held that if a boy repeatedly follows a minor girl to talk to her, to express his love for her and then boast that one day she will accept his love, shows that his intention was not good and the same would amount to sexual harassment under the Protection Of Children from Sexual Offences (POCSO) Act.

Non-Submission Of “Bill Of Export” Can't Be Treated As Non-Discharge Of Export Obligation, If Supply To SEZ Unit Is Proved: Bombay High Court

Case Title: Phoenix Industries Limited Versus UOI

Citation: 2024 LiveLaw (Bom) 437

The Bombay High Court has held that if the party is able to show proof of supply to the Special Economic Zone (SEZ) Unit, then non-submission of the “Bill of Export” cannot be treated as non-discharge of proof of export obligation (EO).

The bench of Justice K. R. Shriram and Justice Jitendra Jain has observed that failure to produce a copy of the assessed bill of export in respect of the supplies made to SEZ would not necessarily result in holding that there was a failure to discharge the export obligation where one is able to establish supplies made to SEZ by the production of copies of ARE-1.

"Can't Deprive Women From Participating In Workforce": Bombay HC Quashes Lady Officer's Transfer To Allow Her To Care For Son With Special Needs

Case Title: Mrs vs State of Goa

Citation: 2024 LiveLaw (Bom) 438

The Bombay High Court at Goa recently said it cannot deprive women of their 'due participation' as members of the workforce and therefore, ordered the State administration not to transfer a woman police officer from Ponda city to any other place as her minor son, an autistic child, needed her 'special care and assistance.'

[S.509 IPC] Objectionable Words Written In E-Mail Or On Social Media Can Be Penalised For Insulting Woman's Modesty: Bombay High Court

Case Title: Joseph Paul De Souza vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 439

In a significant ruling, the Bombay High Court on Wednesday (August 21), held that even a 'written' insulting word, either on email or social media, that could lower the dignity of a woman, is sufficient to book someone under section 509 (insulting the modesty of woman) of the Indian Penal Code (IPC).

A division bench of Justices Ajay Gadkari and Dr Neela Gokhale refused to accept the contention that as per section 509 (which penalises any words uttered to insult a woman), the word 'uttered' would only mean 'spoken words' and not words 'written' on an email or social media posts etc.

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court

Case Title: Vaishali Gawande vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 440

In a significant order, the Nagpur bench of the Bombay High Court held that the girlfriend of a husband cannot be booked under charges of domestic violence or cruelty punishable under section 498A of the Indian Penal Code (IPC).

Emergency Services Will Be Impacted, Life Of Entire Maharashtra May Come To A Halt: Bombay High Court on MVA's Maharashtra Bandh

Case Title: Nanda Bai Sarjerav Misal versus State of Maharashtra

Citation: 2024 LiveLaw (Bom) 441

The Bombay High Court on Friday (August 23) while restraining the Maha Vikas Aghadi (MVA) coalition from proceeding with its call for a 'Maharashtra Bandh' to protest the sexual assault of two kindergarten girls in Badlapur, said that such a 'Bandh' will halt the 'entire life of Mumbai.'

Person Attempting To Commit Suicide Cannot Be Penalised In View Of Provisions Of Mental Healthcare Act: Bombay High Court

Case Title: Shital Dinkar Bhagat vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 442

The Nagpur bench of the Bombay High Court recently granted relief to a woman constable, who was booked for committing suicide after noting that she took the extreme step under stress and thus her act is exempted from action owing to provisions of the Mental Healthcare Act, 2017.

Owner/Occupier Of Property Will Have To Pay Water Tax, Water Benefit Tax Even If They Do Not Consume Water From BMC: Bombay High Court

Case Title: MARS Enterprise vs Municipal Corporation of Greater Mumbai

Citation: 2024 LiveLaw (Bom) 443

In a significant ruling, the Bombay High Court last week held that an owner of a property will have to pay the water tax and the water benefit tax irrespective of whether the owner or occupier of the property uses the water facility or not.

Mandatory Procedures Cannot Be Bypassed To Show Large Number Of Case Disposals In Lok Adalat: Bombay High Court

Case title: Madhukar Baburao Shete vs. Yogesh Trimbak Shete & Anr

Citation: 2024 LiveLaw (Bom) 444

The Bombay High Court has observed that the Authority or Committee organising Lok Adalat cannot directly transfer pending cases to the Lok Adalat without a reference order from the concerned court, as stipulated under Section 20(1) of the Legal Services Authorities Act, 1987. The Court emphasised that the mandatory procedures outlined in the Act cannot be bypassed only to show high figures of disposal of cases, as it would defeat the very purpose of Lok Adalat.

MHADA & BMC Failed To Take Action Against Developer, Nexus Apparent: Bombay HC In Plea Against Non Issuance Of Occupation Certificate

Case Title: T.J. Thomas & Ors. vs. Municipal Corporation of Greater Bombay & Ors.

Citation: 2024 LiveLaw (Bom) 445

While hearing a plea against non issuance of Occupation Certificate (OC) by the Maharashtra Housing & Area Development Board (MHADA) and Municipal Corporation of Greater Bombay (BMC) for certain property, the Bombay High Court said that the authorities' conduct in failing to take necessary actions against the developer pointed to a nexus between them.

A division bench of Justice M.S. Sonak and Justice Kamal Khata said, “The nexus between MHADA, BMC, and the Developer is apparent. There is no explanation for why, to date, the MHADA has not obtained the surrender of valuable property or compensation from the developer. The MHADA is not some private entity that can waive such conditions at its whims or fancies or foist such conditions indirectly on the tenants or occupants by pressuring them to pressure the developer. The developer has not even bothered to appear because it has nothing to lose and has already gained everything, thanks to the dereliction and unreasonable approach of the MHADA and BMC in this matter.”

No Person Can Be Arrested Merely Based On Allegations Of Committing A Crime: Bombay High Court On 'Illegal Arrest' of Journalist

Case Title: Abhijit Padale vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 446

No person can be arrested merely because s/he is facing allegations of having committed some offence, the Bombay High Court said recently while holding the arrest of a Thane-based journalist by the Mumbai Police, illegal. It also ordered the Mumbai Police to pay Rs 25,000 compensation to the petitioner. A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan noted that the journalist - Abhijit Padale, was arrested under charges of extortion and criminal intimidation, both of which provide for maximum punishment upto four years and three years, respectively.

[Payment Of Gratuity Act] Mere Reflection In Balance Sheet Doesn't Give Rise To Gratuity Claim In Absence Of Underlying Agreement: Bombay HC

Case title: Anil Govind Ganu & anr. vs. Innovative Technomics Pvt. Ltd. & ors.

Citation: 2024 LiveLaw (Bom) 447

While considering the claim for payment of gratuity by the Directors of a company, the Bombay High Court has observed that an entry in the liability column of the balance sheet of the company cannot be considered an 'agreement' between the company and directors under Section 4(5) of the Payment of Gratuity Act.

Justice Sandeep V. Marne stated “…it cannot be stated that mere reflection of an entry in the liability column of balance sheet would amount to creation of a right which never existed. . Such right will have to be independently established either through a transaction or a document in the form of a contract.”

Girl Who Eloped With Paramour Days Before Her Marriage Fixed By Parents Cannot Be Booked For Cheating By Groom: Bombay High Court

Case Title: ADP vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 448

The Bombay High Court has held that if a girl elopes with her paramour before marrying the groom with whom her parents fixed her marriage, she cannot be booked for hearing by the groom and his parents. A division bench of Justices Ajay Gadkari and Dr Neela Gokhale gave the ruling while quashing a First Information Report (FIR) lodged against a girl, her parents and brother, all residents of Pune, for allegedly cheating a man's family, with whom the girl's marriage was fixed after her engagement.

Casually Freezing DEMAT Accounts Is Draconian, Violates Article 300A: Bombay High Court Imposes ₹80 Lakh Costs On BSE, NSE, SEBI

Case title: Dr. Pradeep Mehta & anr. vs. UPI & ors.

Citation: 2024 LiveLaw (Bom) 449

The Bombay High Court has awarded a compensation of Rs. 30 lakhs and Rs. 50 lakhs to two individuals whose Demat accounts were frozen at the behest of the Bombay Stock Exchange (BSE) and National Stock Exchange (NSE), following the directives of the Securities and Exchange Board of India (SEBI).

Justice G. S. Kulkarni and Justice Firdosh P. Pooniwalla observed that the arbitrary freezing of demat accounts by the authorities violated the right to property under Article 300A of the Constitution.

Reopening Proceedings In Defiance Of Mandatory Procedure U/s 151A To Be Quashed: Bombay High Court

Case Title: Tilak Ventures Ltd vs. The Union of India

Citation: 2024 LiveLaw (Bom) 450

The Bombay High Court clarified that the Assessing Officer is required to adhere to the provisions of Section 151A read with CBDT Notification dated Mar 29, 2022 for resorting to a procedure u/s 148A and the consequent notice u/s 148.

Department Can Centralize Assessment At One Place If There Are Sufficient Reasons: Bombay High Court Upholds Transfer Order U/s 127

Case Title: Rajiv Saxena vs. Commissioner of Income Tax

Citation: 2024 LiveLaw (Bom) 451

Finding that the Assessee had transactions with certain Indian citizens, who were subject to search operation and whose assessments were centralized with the Central Circle at New Delhi, the Bombay High Court find sufficient reasons for proposing of Assessee's case to be centralised at New Delhi.

The High Court also found that the assessment of such persons would certainly have a bearing on the assessment of the Assessee, as there are inter se transactions between such parties. Thus, the High Court upheld the order u/s 127 transferring Assessee's case from the AO in Mumbai to AO in Delhi.

Failure TO Disclose All Material Facts Fully & Truly During Original Assessment Is Vital For Invoking Jurisdiction U/s 147: Bombay HC

Case Title: Aashish Niranjan Shah vs. Union of India

Citation: 2024 LiveLaw (Bom) 452

The Bombay High Court recently clarified that it is not open to the Revenue to initiate reassessment on the premise that it can simply form a belief supported by its own reasons, thereby ignoring the explicit formulation of the jurisdiction within which reassessment may be initiated.

The High Court therefore quashes the reassessment notice issued under old regime of Section 148 along with the order disposing off Assessee's objection against re-opening of the assessment.

Paryushan Parva: Bombay High Court Orders Civic Bodies To Decide Whether Animal Slaughter, Sale Of Meat Can Be Temporarily Banned

Case Title: Sheth Motishaw Lalbaug Jain Charities vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 453

The Bombay High Court on Thursday ordered all the municipal corporations in Maharashtra to urgently decide the representations made by various Charitable Trusts of the Jain community seeking a temporary ban on the slaughtering of animals and sale of meat in view of the community's "Paryushan Parva."

"Undermined Integrity Of Electoral Process": Bombay HC Denies Pre-Arrest Bail To Man Who Attempted To Replace Actual Candidate In Lok Sabha Polls

Case Title: Milind Kashinath Kamble vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 454

Observing that his act "undermined the integrity of electoral process and democracy" the Bombay High Court last week rejected the anticipatory bail application filed by a man, who allegedly cheated the Vanchit Bahujan Aghadi (VBA) party and filled in his own nomination form instead of the party's official candidate. Single-judge Justice Rajesh Laddha dismissed the bail application filed by one Milind Kamble, who was entrusted with the task to fill in the AB forms for the Lok Sabha Elections, bythe VBA party.

No Law Prohibits Grant Of Temporary Permission To Ganesh Mandals For Erecting Pandals: Bombay High Court

Case title: Manish Ramniklal Sawla vs. State of Maharashtra & Ors

Citation: 2024 LiveLaw (Bom) 455

The Bombay High Court has dismissed an application that challenged the decision of State authorities to grant temporary permission for erecting Ganesh pandals in an open area of land in Andheri, Mumbai.

The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar noted that the land has been allocated temporarily for the Ganesh Chaturthi festival and that the pandals will be removed after the festival is over.

Mere Desire Of Child To Be With One Parent Is Not A Ground To Decide Custody Matters: Bombay High Court

Case Title: MS vs HS

Citation: 2024 LiveLaw (Bom) 456

In a significant order, the Aurangabad bench of the Bombay High Court held that custody matters pertaining to a child cannot be decided merely on the basis of the 'desire' of the child of a tender age since there are possibilities of 'tutoring' the child. Single-judge Justice Kishore Sant upheld the May 9, 2024 judgment of a Family Court in Aurangabad, which granted custody of two minor boys of 2 and 5 years of age, to their mother. The bench refused to accept the contention of the father, who enjoyed the children's custody until May 2024, that the children 'desired' to stay with him and not with the mother.

Child Cannot Be Left 'Stateless'; Even If Parents Give Up Indian Citizenship, Child Will Continue To Be Citizen: Bombay High Court

Case Title: Chrisella Valanka Kushi Raj Naidu vs Ministry of External Affairs

Citation: 2024 LiveLaw (Bom) 457

The Bombay High Court bench at Goa on Wednesday (August 28) held that a child cannot be denied Indian citizenship just because s/he lives with a single parent, who too is a foreign national.

A division bench of Justices Makarand Karnik and Valmiki SA Menezes said a parent giving up Indian citizenship would not affect the citizenship status of the child, who got Indian citizenship by virtue of birth.

Bombay High Court Imposes Rs 50 Lakh Costs On Company For Breaching Injunction Orders, Using Fevicol Trademark

Case List: Pidilite Industries vs Premier Stationery Industries Pvt. Ltd. (Contempt Petition 28560 of 2024)

Citation: 2024 LiveLaw (Bom) 458

In yet another case of contempt in a commercial suit, the Bombay High Court on August 13 imposed a hefty cost of Rs 50 lakh on a company which used 'deceptively' similar trademark of Fevicol and its range of products despite an injunction restraining the company from using anything similar to said trademark. Single-judge Justice Riyaz Chagla noted that the petitioner in breach of the injunction order continued to sell the disputed products. It refused to accept the contention of the original defendant Kusum Puri Goswami, the owners of defendant company that it had sold the company to one Rajinder Puri Goswami and thus, they cannot be held responsible for any disobedience of the High Court's July 13, 2017 injunction order.

"Defective Investigation Shakes Public Confidence": Bombay High Court Transfers Probe In Nagpur Ram Jhula Hit And Run Case

Case Details: Shahrukh Ziya Mohammad vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 459

The Nagpur bench of the Bombay High Court on Friday transferred the investigations of the infamous Nagpur Ram Jhula hit-and-run case, wherein a woman under the influence of alcohol drove her Mercedes Benz and mowed down two youngsters, from the local police station to the State Crime Investigation Department (CID) after noting several lapses in the initial investigation.

A division bench of Justices Vinay Joshi and Vrushali Joshi while transferring the case observed that defective investigation tends to shake the confidence of the members of the society and also the victims.

Unfortunate That Rowdy & Disorderly Behaviour By Educational Institute Employees Has Become An Accepted Norm: Bombay High Court

Case Details: Mallinath Vithal Vathakar vs The Registrar, University of Mumbai

Citation: 2024 LiveLaw (Bom) 460

In a significant order, the Bombay High Court while upholding the punishment of a college library attendant for 'misconduct' within the campus, observed that nowadays 'disorderly, rowdy behaviour' of employees in schools and colleges has become an accepted norm, which has only brought disrepute to the institutions.

Single-judge Justice RM Joshi while upholding the September 23, 2008 judgment of the Mumbai University and College Tribunal (MUCT), said the punishment upheld by the tribunal of dismissing the petitioner from service, was 'proportionate' to his 'proved' misconduct.

Bombay High Court Monthly Digest: September 2024

Nominal Index (2024 LiveLaw (Bom) 461 to 2024 LiveLaw (Bom) 498):

Mohan Chavan vs State of Maharashtra, 2024 LiveLaw (Bom) 461

Abhin Anilkumar Shah versus ITO, 2024 LiveLaw (Bom) 462

Nitin Vasantrao Bode vs State of Maharashtra, 2024 LiveLaw (Bom) 463

Tejasvee Abhishek Ghosalkar vs State Of Maharashtra And Ors, 2024 LiveLaw (Bom) 464

Vijay Sapkale vs Varsha Pradhan, 2024 LiveLaw (Bom) 465

Sete Mares Global Forex Private Limited v. Union of India, 2024 LiveLaw (Bom) 466

Mahesh Motiram Kumbhar vs State of Maharashtra, 2024 LiveLaw (Bom) 467

Nandkishor Sahu vs Sanjeevani Patil, 2024 LiveLaw (Bom) 468

Miss XYZ vs State of Maharashtra, 2024 LiveLaw (Bom) 469

Dilkhush Shrigiriwar vs State of Maharashtra, 2024 LiveLaw (Bom) 470

Narsingrao Udgirkar vs Shivaji Kalge, 2024 LiveLaw (Bom) 471

Rahul Lahase vs State of Maharashtra, 2024 LiveLaw (Bom) 472

L vs State of Goa, 2024 LiveLaw (Bom) 473

Uttam Value Steels Ltd. versus Assistant Commissioner of Income Tax and Ors, 2024 LiveLaw (Bom) 474

Mitesh Punmiya vs State of Maharashtra, 2024 LiveLaw (Bom) 475

Ramesh Gopnur vs State of Maharashtra, 2024 LiveLaw (Bom) 476

Syed Naeemuddin & ors. vs. The State of Maharashtra & anr., 2024 LiveLaw (Bom) 477

The State of Goa thr. Women Police Station, Panaji vs. M, 2024 LiveLaw (Bom) 478

Dr Sushant Jadhav vs State of Maharashtra, 2024 LiveLaw (Bom) 479

Santosh Rodrigues vs State of Maharashtra, 2024 LiveLaw (Bom) 480

Kunal Kamra vs Union of India, 2024 LiveLaw (Bom) 481

Public Service Commission Through Its Secretary Versus The State Of Maharashtra Through The Secretary And Others, 2024 LiveLaw (Bom) 482

Dr Prashant Ahire vs State of Maharashtra, 2024 LiveLaw (Bom) 483

Munib Iqbal Memon vs. State, 2024 LiveLaw (Bom) 484

Santosh Madhukar Bhondve & Ors. vs. State of Maharashtra & Ors., 2024 LiveLaw (Bom) 485

Volvo Group India Pvt Ltd. versus Union of India and Ors, 2024 LiveLaw (Bom) 486

Uttam Value Steels Ltd. Vs Assistant Commissioner of Income Tax, 2024 LiveLaw (Bom) 487

Namdeo Bansode vs State of Maharashtra, 2024 LiveLaw (Bom) 488

Mahesh Raut vs State of Maharashtra, 2024 LiveLaw (Bom) 489

HDFC Bank Limited & Ors. vs. State of Maharashtra & Ors., 2024 LiveLaw (Bom) 490

Shahid Akeel Shaikh vs. Union of India & ors., 2024 LiveLaw (Bom) 491

Dnyaneshwar Wakale vs State of Maharashtra, 2024 LiveLaw (Bom) 492

Vijay Jawanjal vs State of Maharashtra, 2024 LiveLaw (Bom) 493

Industrial Development Bank of India versus DCIT, 2024 LiveLaw (Bom) 494

Arshad Khalifa vs Gulzar Khalifa, 2024 LiveLaw (Bom) 495

Principal Commissioner of Income Tax vs. Galaxy Surfactants, 2024 LiveLaw (Bom) 496

Y-Not Films LLP and Anr. vs. Ultra Media and Entertainment Pvt. Ltd., 2024 LiveLaw (Bom) 497

Sudhir Kumar Sengupta vs. Kusum Pandurang Keni, 2024 LiveLaw (Bom) 498

Judgments/Final Orders:

Uddhav Thackeray Did Not Hurt Religious Sentiments, Plea Filed For Publicity: Bombay High Court Orders Man To Pay Rs 2 Lakhs To Former CM

Case Title: Mohan Chavan vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 461

The Aurangabad Bench of the Bombay High Court, recently held that Maharashtra's former Chief Minister and the President of the divided Shiv Sena - Uddhav Thackeray did not hurt religious sentiments by not applying the sacred ash on his forehead, presented to him by a Mahant (Priest) during a public event in Nanded.

Single-judge Justice Sanjay Mehare also imposed a cost of Rs 2 lakhs on the petitioner - Mohan Chavan and has clearly told him to pay the said hefty amount to Thakceray, via a Demand Draft (DD).

Central Charges & International Taxation Charges Are Not Excluded From Purview Of Faceless Mechanism U/s 144B R/w/s 151A: Bombay High Court

Case Title: Abhin Anilkumar Shah versus ITO

Citation: 2024 LiveLaw (Bom) 462

The Bombay High Court held that the faceless mechanism would be applicable to all cases of Central Charges and International Taxation charges. However, the High Court clarified that it is only the assessment proceedings which would be required to be undertaken outside the faceless mechanism.

The Division Bench of G. S. Kulkarni and Somasekhar Sundaresan observed that “mandatory faceless procedure for issuance of notice u/s 148 falling within the purview of the scheme notified by the Central Government dated 29 March, 2022 would not exclude the Central charges and international taxation charges from the application of the faceless mechanism as notified u/s 144B read with section 151A of the Act”.

"No Intention To Disrupt Public Peace": Bombay High Court Grants Pre-Arrest Bail To Man Booked For Promoting Naxalism

Case Title: Nitin Vasantrao Bode vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 463

The Bombay High Court bench at Nagpur recently granted anticipatory bail to a man booked for supporting and promoting 'Naxalism' through his WhatsApp messages and 'instigating' people against the existing Government of India by calling upon people to 'revive Naxalism' in the country.

Single-judge Justice Urmila Joshi-Phalke on August 2, noted that the applicant - Nitin Bode, an insurance agent, was booked for creating tension between two groups under section 153-A of the Indian Penal Code (IPC).

High Court Notes "Lapses" In Mumbai Police's Probe Into Murder Of ShivSena (UBT) Corporator During FB Live, Transfers Investigation To CBI

Case title: Tejasvee Abhishek Ghosalkar vs State Of Maharashtra And Ors

Citation: 2024 LiveLaw (Bom) 464

The Bombay High Court on Friday transferred the investigation in the murder case of Shiv Sena (Uddhav Thackeray Faction) corporator Abhishek Ghosalkar, to the Central Bureau of Investigation (CBI). Ghosalkar, 41, was shot dead during a Facebook Live by his political rival Mauris Noronha on February 8, 2024. Soon after the incident, Noronha too allegedly committed suicide.

Pointing several lapses in the initial investigation conducted by the Mumbai Police, Ghosalkar's widow Tejaswee had moved a division bench of Justices Revati Mohite-Dere and Shyam Chandak seeking transfer of the probe to either a special investigation team (SIT) or the CBI.

Even Appeal For Registering FIR Under SC/ST Act Will Have To Be Video Recorded: Bombay High Court

Case Title: Vijay Sapkale vs Varsha Pradhan 

Citation: 2024 LiveLaw (Bom) 465

In a significant ruling, the Bombay High Court recently held that even the proceedings in an appeal seeking to register a First Information Report (FIR) under the stringent Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act (SC ST), will be needed to be "video-recorded."

Single-judge Justice Sandeep Marne while hearing a plea filed by one Vijay Sapkale, who sought to register an FIR against some private persons, while in an appeal, sought to video-record the proceedings.

KYC Not Done By Purchasing Party Is Not A New Fact To Reopen Proceedings: Bombay High Court Declines Reassessment

Case Title: Sete Mares Global Forex Private Limited v. Union of India

Citation: 2024 LiveLaw (Bom) 466

The Bombay High Court quashes reopening notice issued under Section 148 of the Income Tax Act, 1961 while emphasizing that unauthorized transactions are made without requisite KYC of the purchasing party cannot be said to be a fresh fact which has come to light which was not previously disclosed which tends to expose the untruthfulness of the fact.

The Division Bench of Justices M.S. Karnik and Valmiki Menezes observed that “Assessing Officer has no power to review; he has the power to reassess. But reassessment has to be based on the fulfilment of certain precondition and if the concept of “change of opinion” is removed, then, in the garb of reopening the assessment, review would take place.”

Rising Occurrences Of Illegal Buildings Has Detrimental Impact On Public Infra, Safety: Bombay High Court

Case Title: Mahesh Motiram Kumbhar vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 467

Observing that the 'rising occurrence' of illegally constructed buildings has a detrimental impact on public infrastructure, the Bombay High Court recently denied anticipatory bail to a developer booked for constructing an illegal building that collapsed in July this year, in Navi Mumbai,

Single-judge Justice Rajesh Laddha noted that the applicant - Mahesh Kumbhar, has been facing allegations of constructing a four-storey building without necessary permissions and using substandard materials, violating the provisions of the Maharashtra Regional Town Planning (MRTP) Act.

Maintenance Tribunals Cannot Cancel Gift Deeds Merely On 'Vague Allegations' Of Senior Citizens Against Their Children: Bombay High Court

Case Title: Nandkishor Sahu vs Sanjeevani Patil 

Citation: 2024 LiveLaw (Bom) 468

The Bombay High Court recently held that a Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot cancel the 'gift deed' executed by a parent merely on the 'vague' allegations of 'non-maintenance' of the senior citizen by their children or the person, whom they have 'gifted' their property.

Single-judge Justice RM Joshi on August 29 quashed the December 2022 order of a Tribunal, which cancelled the 'gift deed' executed by a 73-year-old woman in favour of her elder daughter and husband, thereby, gifting two of her flats in Kolhapur to the elder daughter and husband. It noted that the senior citizen woman had made allegations that her elder daughter and her husband failed to keep their promise of maintaining her and deprived her of the basic physical need and other amenities.

Distressing To See Women Dealing With Unwanted Pregnancies Alone: Bombay High Court Mulls Over Mechanism To Ensure Accountability Of Partners

Case Title: Miss XYZ vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 469

The Bombay High Court expressed 'disturbance' over the predicament of young women, who are 'compelled' to move the court to get their 'unwanted' pregnancies terminated medically and in all this, the court said it is only the women who 'suffer' and not their 'partners.'

Therefore, to provide 'succour' to such women, the division bench of Justices Ajay Gadkari and Dr Neela Gokhale has decided to determine some mechanism to facilitate involvement, accountability and participation of the man or the partner of such women, in these 'testing times.'

"Crossed All Limits Of Humanity": Bombay High Court Upholds Man's Conviction For Rape Of Mentally Challenged Girl

Case Title: Dilkhush Shrigiriwar vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 470

Observing that he crossed all the limits of humanity, the Bombay High Court bench at Nagpur, recently upheld the conviction of a man for raping and impregnating a neighbourhood girl, who was suffering from Down syndrome.

Single-judge Justice Govind Sanap noted from the material on record that there was sufficient evidence to prove beyond reasonable doubt that it was the appellant, who raped the victim having mental disability (90 per cent). The judge, noted that the accused, who is the neighbour of the victim took undue advantage of the situation.

Error Of Scrutiny Committee Validating Caste Certificate Can't Be Challenged In Election Petition: Bombay HC Dismisses Plea Against Congress MP

Case Title: Narsingrao Udgirkar vs Shivaji Kalge 

Citation: 2024 LiveLaw (Bom) 471

The Bombay High Court bench at Aurangabad on Tuesday dismissed an election petition challenging the election of Congress leader Shivaji Kalge to the 18th Lok Sabha, from Latur constituency in Maharashtra.

Single-judge Justice Arun Pednekar noted that the petitioner failed to prove its case as Kalge successfully established that he belonged to the SC category by submitting a 'caste validity certificate' issued by the District Caste Scrutiny Committee.

It went on to hold that merely alleging fraud in obtaining judgment of the Caste Scrutiny Committee granting validity to the caste certificate of the returned candidate is not sufficient as,

"No Girl Would Accompany An Unknown Boy To A Hotel Room On Their First Meeting": Bombay High Court Acquits Man Booked For Rape

Case Title: Rahul Lahase vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 472

The Nagpur bench of the Bombay High Court while acquitting a man convicted for raping a girl, observed that no prudent girl would ever go to a hotel room on her very first meeting with an unknown boy as the same would send "alarming" signals to the girl about the boy.

Single-judge Justice Govind Sanap refused to believe the version of the victim in a rape case, wherein the girl claimed to have met the convict through Facebook and thereafter started chatting and communicating with each other on the phone.

Bombay HC Quashes Rape Case Against Goa's Popular Musician, Says Victim Was 'Sufficiently Mature' To Understand Consequences Of Relationship

Case Title: L vs State of Goa

Citation: 2024 LiveLaw (Bom) 473

The Bombay High Court while quashing a First Information of Report (FIR) lodged against a popular musician at Goa for allegedly raping a woman on the false promise of marriage, observed that the woman was 'sufficiently mature' to understand the consequences of such a 'consensual' relationship.

A division bench of Justices Makarand Karnik and Valmiki Menezes noted that the complainant in the case had stated that she met the petitioner musician at a music fest in Panaji in October 2023. Since then the duo became good friends and continued chatting on social media platform -Instagram.

Past Tax Claims Against Corporate Debtor Stands Extinguished Consequent To Approval Of Resolution Plan Under IBC: Bombay HC

Case Title: Uttam Value Steels Ltd. versus Assistant Commissioner of Income Tax and Ors

Citation: 2024 LiveLaw (Bom) 474

Since upon the completion of Corporate Insolvency Resolution Process (CIRP), the Assessee has changed hands and commenced under a new ownership and management, the Bombay High Court held that tax proceedings pertain to period prior to the CIRP, and consequent to the approval of the resolution plan, the tax proceedings stand extinguished.

The Division Bench of Justice G. S. Kulkarni and Justice Somasekhar Sundaresan observed that “provisions outlined in Section 31(1) of the Insolvency and Bankruptcy Code (IBC) stipulates that approval of resolution plan by the adjudicating authority is binding on Central Government and its agencies in respect of any statutory dues arising under any law for the time being in force, thus binding tax authorities and their enforcement actions”.

Customer In A Bar Encouraging Women To Dance In Obscene Manner Cannot Be Booked U/S 294 IPC: Bombay High Court

Case Title: Mitesh Punmiya vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 475

The Bombay High Court on Tuesday (September 10) while quashing a First Information Report (FIR) lodged against a man under Section 294 IPC (Obscene acts and songs) noted that he was only shown to be 'encouraging' the women in the bar to dance in an 'obscene' manner.

A division bench of Justices Ajay Gadkari and Dr Neela Gokhale held that the mere 'encouraging' of women in the dance bar to dance in an obscene manner, will not attract provisions of section 294 of the Indian Penal Code (IPC). The bench said that in order to attract the ingredients of the offence punishable under section 294, it is necessary that, the accused person indulges in doing any obscene act in a public place or singing, reciting or uttering any obscene song in or near a public place.

Bombay High Court Upholds Life Sentence Of Man Convicted For Sexually Abusing Five Minor Girls

Case Title: Ramesh Gopnur vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 476

The Bombay High Court on Wednesday (September 11) upheld the conviction and the life sentence imposed on a 40-year-old man, who was convicted for sexually abusing at least five minor girls.

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan upheld the March 29, 2014 judgment of a special court in Thane, which convicted Ramesh Gopnur for raping five minor girls and sentenced him to life imprisonment under provisions of the Indian Penal Code (IPC) and the relevant provisions of the Protection Of Children from Sexual Offences (POCSO) Act.

Officers Appointed To Assess Electricity Theft Are 'Public Servants', Court Can't Issue Process Against Them Without Sanction U/S 197 CrPC: Bombay HC

Case title: Syed Naeemuddin & ors. vs. The State of Maharashtra & anr.

Citation: 2024 LiveLaw (Bom) 477

The Aurangabad Bench of the Bombay High Court has observed that the officers appointed by a government authority to detect and assess theft of electricity under the Electricity Act, 2003 are 'public servants' under Section 169 of the Act and thus a previous sanction of a concerned authority as provided in Section 197 CrPC is necessary before issuing process against such officers.

A single judge bench of Justice S.G. Mehare observed that “The appropriate government or the MSEB Board has authorized the Junior Engineer and linemen to find out the theft of the electricity. Since the persons who were authorized to detect the theft of the electricity and to provisionally assess the amount of theft, it can be accepted that such persons are covered under Section 169 of the Electricity Act, 2003.”

Bombay High Court Quashes Children's Court Order Discharging Father For Sexual Assault Against Daughter On Ground That Victim Was Not Minor

Case title: The State of Goa thr. Women Police Station, Panaji vs. M

Citation: 2024 LiveLaw (Bom) 478

The Goa Bench of the Bombay Hugh Court set-aside an order of the Children's Court, which discharged an accused for sexual assault against his daughter on the ground that she was not a minor under the Goa Children's Act on the day of the alleged incident.

Justice Bharat P. Deshpande was considering the State's revision application against the order of the Children's Court, which discharged the respondent/accused for child abuse/sexual assault under Section 8(2) of the Goa Children's Act.

Bombay High Court Grants Bail To Trustees Booked For Providing 'Bogus' Doctors To BMC-Run Hospital

Case Title: Dr Sushant Jadhav vs State of Maharashtra 

Citation: 2024 LiveLaw (Bom) 479

The Bombay High Court recently granted bail to a doctor and trustees of a Trust that supplied 'bogus doctors' to a Brihanmumbai Municipal Corporation (BMC) hospital situated in Mumbai's Mulund area, wherein 149 people allegedly died from 2018 till May 2023.

Single-judge Justice Manish Pitale granted bail to Dr Sushan Jadhav, Birendra Yadav and Deepak Jain - all booked under charges of murder, attempt to murder, criminal conspiracy, forgery, impersonation, fraud etc.

Waiter Serving Food & Drinks In Bar Where Women Are Dancing Cannot Be Booked For Obscenity U/S 294 Of IPC: Bombay High Court

Case Title: Santosh Rodrigues vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 480

The Bombay High Court on Thursday held that a waiter in a Bar and Restaurant, where women are dancing in obscene manner, cannot be booked for the offence of 'obscenity' as s/he is merely performing their duty of serving food and drinks as per their employment profile.

A division bench of Justices Ajay Gadkari and Dr Neela Gokhale while quashing a First Information Report (FIR) against one Santosh Rodrigues, a resident of Malad in Mumbai, noted that he was working as a waiter in the New Park Side Bar and Restaurant as on April 14, 2016, when the Social Service Branch of the Mumbai Police conducted a raid and arrested several persons including the petitioner.

Citizens Have 'Right To Free Speech', Not State's Burden To Ensure That They Only Know Truth: Bombay HC On IT Amendment Rules

Case Title: Kunal Kamra vs Union of India

Citation: 2024 LiveLaw (Bom) 481

The Bombay High Court's 'Tie-Breaker' Judge Justice Atul Chandurkar, while opining that the amendments to the Information and Technology Rules, 2021 are 'unconstitutional' held that the citizens only have the 'right to free speech and expression' but not a 'right to truth' and thus the State cannot claim to have a responsibility to ensure that citizens know only 'truth' and not 'fake or false information.'

Out Of Two Right Answers, Bombay High Court Allows MPSC To Treat Only One As Correct To Avoid Burdening The Commission And Disturb The Selection Of Candidates

Case Title Maharashtra Public Service Commission Through Its Secretary Versus The State Of Maharashtra Through The Secretary And Others

Citation: 2024 LiveLaw (Bom) 482

The Bombay High Court Bench of Aurangabad has set aside the judgement of the Maharashtra Administrative Tribunal which directed the Maharashtra Public Service Commission to recount the marks of candidates who appeared for the Sub-Registrar/Stamp Inspector (Grade-1) position test.

A Division Bench of the High Court, comprising Justices Ravindra V. Ghuge and Y. G. Khobragade observed that re-evaluation would modify the marks of candidates leading in an overall change in the merit list causing cancellation of appointment orders and resulting in the Commission being overburdened. Therefore, the Division Bench decided to treat one out of the two correct answers for awarding marks.

Bombay High Court Flags Rise In Frivolous Cases Against Doctors For 'Unjust' Compensation

Case Title: Dr Prashant Ahire vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 483

The Aurangabad bench of the Bombay High Court while quashing a medical negligence case against a doctor, highlighted the increased rate of bogus prosecutions initiated against medical practitioners to extract 'unjust and uncalled for' compensation.

A division bench of Justices Vibha Kankanwadi and Santosh Chapalgaonkar noted that the applicant in the case was accused of prescribing an 'irrational combination' of modern medicines (allopathic medicines) despite him being an Ayurvedic practitioner.

Bombay High Court Grants Bail To Accused In Pune Serial Blasts Case After He Spent 11 Years In Jail Without Trial

Case Title: Munib Iqbal Memon vs. State

Citation: 2024 LiveLaw (Bom) 484

The Bombay High Court on Friday granted bail to a 42-year-old tailor, booked for allegedly conspiring and executing the serial bomb blasts in Pune in August 2012 for taking revenge of the custodial death of a terrorist of the banned Indian Mujahideen outfit.

A division bench of Justices Revati Mohite-Dere and Sharmila Deshmukh noted that the appellant Munib Memon has been in custody for around 11 and a half years since his arrest in December 2012.

Bombay High Court Upholds Allotment Of 'Gairan' Land For Construction Of Housing Under Prime Minister Awas Yojana

Case title: Santosh Madhukar Bhondve & Ors. vs. State of Maharashtra & Ors.

Citation: 2024 LiveLaw (Bom) 485

The Bombay High Court has upheld the validity of the allotment of 'Gairan land' by the District Collector to the Municipal Corporation for the construction of houses for economically weaker section of society under the 'Prime Minister Awas Yojana' on the ground that under Section 40 of the Maharashtra Land Revenue Code, 1966 (MLRC), the State government has the right to dispose of any government land, including 'gairan land'.

The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar was considering the petitioners' challenge to the District Collector's order, where a piece of land at Mauje Ravet, Taluka Haveli, Pune District was allotted to Pimpri Chinchwad Municipal Corporation (respondent no. 4) for development of affordable housing under the scheme of Prime Minister Awas Yojana (PMAY).

Non-Filing Of Declaration & Input-Output Ratio Is Procedural Requirement But Not Pre-Condition For Claiming Rebate On Excise Of Exported Goods: Bombay HC

Case Title: Volvo Group India Pvt Ltd. versus Union of India and Ors

Citation: 2024 LiveLaw (Bom) 486

The Bombay High Court recently clarified that just because the verification of input-output ratio was not submitted before the export of goods, it does not mean that same cannot be verified post export of goods.

While giving such relaxation, the Division Bench of Justice K. R. Shriram and Justice Jitendra Jain observed that the procedure for submitting input-output ratio is inconsequential for claiming rebate under Central Excise Act when the claim of petitioner/ assessee is only qua excise duty paid on chassis purchased and used in the manufacture of buses which are exported.

Initiating Tax Proceedings After CIRP Approval Violates Section 31 IBC: Bombay High Court

Case: Uttam Value Steels Ltd. Vs Assistant Commissioner of Income Tax

Citation: 2024 LiveLaw (Bom) 487

The Bombay High court held that once a resolution plan is approved under Section 31 of the Insolvency and Bankruptcy Code (IBC), 2016, it is binding on all creditors, including government authorities, such as the Income Tax Department.

A Division bench of Justice G.S. Kulkarni & Justice Somasekhar Sundaresan emphasized that all claims, including tax liabilities that were not part of the approved resolution plan, are extinguished, and no fresh proceedings can be initiated for claims related to the period before the CIRP.

Any And Every Cruelty Or Harassment Of Wife Will Not Attract Section 498A Of IPC: Bombay High Court

Case Title: Namdeo Bansode vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 488

The Bombay High Court on Monday (September 23) while acquitting a husband convicted for abetting the suicide of his wife by torturing her, held that section 498A of the Indian Penal Code (IPC) does not attract in any and every harassment or type of cruelty. Single-judge Justice Sanjay Mehare sitting at Aurangabad held that to convict a person under section 498A, the prosecution must establish 'continuous' harassment.

Imprisonment Does Not Restrict Individual's Right To Pursue Education: Bombay High Court

Case Title: Mahesh Raut vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 489

The Bombay High Court recently observed that imprisonment of an individual does not restrict his or her right to education.

A division bench of Justices Ajay Gadkari and Dr Neela Gokhale made the observation while ordering a Mumbai-based Law College, to admit Mahesh Raut, one of the accused in the Bhima-Koregaon case, as a student for the LLB course for the academic year 2024-2027.

Bombay High Court Quashes State Minorities Commission's Notice To HDFC Bank On Complaint Of Jain Community Member Alleging Harassment

Case title: HDFC Bank Limited & Ors. vs. State of Maharashtra & Ors. 

Citation: 2024 LiveLaw (Bom) 490

The Bombay High Court has quashed a show-cause notice issued by the Maharashtra State Minorities Commission to the HDFC Bank about a complaint raised by a member of the Jain community alleging harassment by the bank, on the ground that the Commission has no jurisdiction to entertain the complaint.

A division bench of Justice Bharati Dangre and Justice Manjusha Deshpande stated that the complaint was an attempt to 'short-circuit' the procedure adopted the HDFC bank against its borrowers. It noted that a member cannot approach the Commission only on the pretext of being a minority, in order to circumvent lawful orders passed by a competent authority.

Inadvertent Error Selecting Wrong Option In Application Form: Bombay High Court Directs Admission Of Disabled Candidate To MBBS Course

Case title: Shahid Akeel Shaikh vs. Union of India & ors.

Citation: 2024 LiveLaw (Bom) 491

The Bombay High Court has directed a Government Medical College in Maharashtra to admit a candidate with disabilities to its MBBS course, who had inadvertently selected the 'no' option in the Persons with Disabilities (PwD) column of the online application form and as a result was not examined for his disability status.

A division bench of Justice M. S. Sonak and Jusitce Kamal Khata noted that the petitioner's error was bonafide and unintentional. It observed that he has neither secured any undue advantage nor misled any authorities. Further, the error has not caused or does not have the potential of causing any prejudice to any candidate interested in obtaining admission to the PwD-OBC category.

Not Every Forward Can Be Interpreted For Creating Rift In Society; People Should Restrain From Forwarding Everything They Receive: Bombay HC

Case Title: Dnyaneshwar Wakale vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 492

In a significant ruling, the Bombay High Court recently held that each forward of an objectionable post on WhatsApp or any other social media platform, cannot be interpreted to have been done to create unrest in the society or two groups of people.

The observation were made while quashing a First Information Report (FIR) lodged against a man, booked for forwarding an objectionable post against Dr Babasaheb Ambedkar to few of his WhatsApp contacts. A division bench of Justices Vibha Kankanwadi and Santosh Chapalgaonkar said that people must exercise self restraint and avoid forwarding whatever they receive on their WhatsApp.

Minor Girl If Subjected To Rape Will Be Terrified, Won't Act Normal: Bombay High Court Acquits Man In POCSO Case

Case Title: Vijay Jawanjal vs State of Maharashtra 

Citation: 2024 LiveLaw (Bom) 493

A minor girl subjected to sexual assault would normally be 'terrified' and not 'act normal and play', the Nagpur bench of the Bombay High Court observed recently while acquitting a 64-year-old man convicted for sexually assaulting a minor girl. Single-judge Justice Govind Sanap noted from the testimony of the girl's mother that the girl was allegedly sexually assaulted by the applicant in a Samaj Mandir (community hall) and when she went to the hall, the victim girl was playing.

Scheduled Commercial Bank Had Utilized Opening Balance In Bad Debts Account To Reduce Total Bad Debts Written Off: Bombay HC Allows Benefit Of Sec 36(1)(Vii)

Case Title: Industrial Development Bank of India versus DCIT

Citation: 2024 LiveLaw (Bom) 494

The Bombay High Court held that deduction claimed by bank u/s 36(1)(vii) in respect of write off bad debts is allowable without any adjustment to the credit balance in the provision for bad and doubtful debts u/s 36(1)(viia) which was adjusted with the bad debts claimed in the subsequent AY.

The Division Bench of Justice G. S. Kulkarni and Justice Somasekhar Sundaresan observed that “It is inconceivable that the amount of bad debts claimed as deduction u/s 36(1)(vii) could have any bearing so as to require any deduction/ subtraction from the provision for bad debts, made by the assessee u/s 36(1)(viia)”.

Art.4(8) Law Of Divorce | Wife Refusing To Live With Husband And His Paramour Doesn't Mean She "Freely Consented" To Separation: Bombay HC

Case Title: Arshad Khalifa vs Gulzar Khalifa

Citation: 2024 LiveLaw (Bom) 495

A husband insisting a wife to live in the house where he lives with his paramour is a good enough reason for her to stay separately and this 'separation' cannot be regarded as the wife's 'free consent' to separation, to afford a ground to the husband to seek divorce under the Law of Divorce (Divorce Act, 1910), ruled the Bombay High Court at Goa, recently.

Single-judge Justice Makarand Karanik noted that the husband in the instant case, claimed that his wife abandoned him and refused to join the conjugal relationship in May 1993, which was just within a year of their marriage, which was registered in November 1992. The judge noted from the material on record that the husband was living his another woman, with whom he had an affair even prior to his marriage with the respondent wife and has two sons from her.

Capital Asset Financed By Foreign Currency Loan Can Be Capitalized U/s 43A If Such Asset Was Imported From Abroad: Bombay High Court

Case Title: Principal Commissioner of Income Tax vs. Galaxy Surfactants

Citation: 2024 LiveLaw (Bom) 496

While explaining that Section 43A is a non-obstante provision, which positively imposes an obligation notwithstanding anything contained in the Income tax Act, the Bombay High Court held that losses due to exchange rate changes on a foreign currency loan taken for import of a capital asset must not be treated as revenue expenditure.

While explaining that Section 43A is a non-obstante provision, which positively imposes an obligation notwithstanding anything contained in the Income tax Act, the Bombay High Court held that losses due to exchange rate changes on a foreign currency loan taken for import of a capital asset must not be treated as revenue expenditure.

[Commercial Courts Act] IPR Suits Involving Infringement Can Be Ordinarily Instituted Without Exhausting Mediation U/S 12-A: Bombay HC

Case title: Y-Not Films LLP and Anr. vs. Ultra Media and Entertainment Pvt. Ltd.

Citation: 2024 LiveLaw (Bom) 497

The Bombay High Court has observed that a plea of urgent interim relief by bypassing pre-litigation mediation as stipulated under Section 12-A of the Commercial Courts Act, 2015, can be rejected only in cases of deception or falsity apparent from the plaint itself.

With respect IPR suits involving infringement or passing off, A single judge bench of Justice R.I. Chagla stated that such suits could be ordinarily instituted without exhausting the pre-litigation mediation requirement under Section 12-A of the C.C. Act.

Tenant Cannot Escape Eviction U/S 12(3)(a) Of Bombay Rent Act In Absence Of Any Valid Dispute About Rent Amount Or Increases: High Court

Case title: Sudhir Kumar Sengupta vs. Kusum Pandurang Keni

Citation: 2024 LiveLaw (Bom) 498

The Bombay High Court has observed that in the absence of any dispute by a tenant about the amount of standard rent or permitted increases, the tenant cannot escape eviction under Section 12(3)(a) of the Bombay Rent Act if the rent has not been paid within the specified time.

A single judge bench of Justice Sandeep V. Marne further observed that a Trial Court cannot look into the issue of 'readiness and willingness to pay rent' of the tenant, if there is no dispute about the amount of rent payable.

Accused Not Entitled To Default Bail Just Because Court Failed To Conclude Trial Within 60 Days: Bombay High Court

Case Ttile: Latabai Jadhav vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 499

The Bombay High Court recently held that a person is not entitled to default bail just on the ground that the trial in the case is not completed within 60 days as prescribed under section 437 (6) of the Criminal Procedure Code (CrPC).

Sitting at Aurangabad bench, single-judge Justice Sanjay Mehare refused to grant bail to a woman booked in a fraud and criminal conspiracy case.

'Quite Close To Cannibalism' Bombay High Court Upholds Death Sentence Of Man For Killing His Mother, Eating Her Organs

Case Title: State of Maharashtra vs Sunil Kuchkoravi 

Citation: 2024 LiveLaw (Bom) 500

The Bombay High Court upheld the death sentence awarded to a man, who brutally killed his own mother and later ate her organs.

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan stated that, after detailing the manner in which the convict killed his mother, eviscerated her organs and was about to 'cook' some of them by applying salt and chilly powder, said that his conduct indicated "pathological cannibalism." "The act of the convict was quite close to cannibalism," the judges said.

Further, the judges expressed shock over the defence of the convict that since he was habitual to consume flesh of cats and pigs, therefore, perhaps he might have committed the said offence.

Section 14 Of Limitation Act Applicable To Proceedings Under Section 34 Of Arbitration Act: Bombay High Court Reiterates

Case Title: Kisan Moulding Limited v. Micro and Small Enterprises Facilitation Council (MSEFC) Konkan Thane & Anr.

Citation: 2024 LiveLaw (Bom) 501

The Bombay High Court has held that Section 14 of the Limitation Act, which excludes time consumed in a proceeding initiated before a Court not having the jurisdiction, applies to proceedings under Section 34 of the Arbitration Act.

The bench of Justice R.I. Chagla excluded 272 days spent in prosecuting a recall application of the arbitral award before the MSME Council. The court observed that a party prosecuting its case in good faith and due diligence, and the prior proceedings were riddled with defect of jurisdiction would get the benefit of Section 14 of the Limitation Act and the time consumed in such proceedings would stand excluded from the purview of limitation.

Appellate Court Can Direct Licensee To Pay Compensation Higher Than Contractual Rent During Pendency Of Appeal: Bombay High Court

Case title: Safset Agencies Private Ltd.vs. Riddhi Rahul Kumar Gosalia & Ors.

Citation: 2024 LiveLaw (Bom) 502

The Bombay High Court has observed in the case of license agreements, it is permissible for an Appellate Court to direct the licensee to pay interim compensation to the licensor that is higher than the contractual damages/compensation agreed by the parties, during the pendency of an appeal.

A single judge bench of Justice Sandeep V. Marne further observed that the Appellate Court is empowered to direct the licensee to deposit such compensation or fair market rent determined by it as a precondition for grant of stay of eviction under Order 41 Rule 5 of CPC.

Recording Conversation With Officer In Police Station Is Not An Offence Under Official Secrets Act: Bombay High Court

Case Title: Subhash Athare vs State of Maharashtra 

Citation: 2024 LiveLaw (Bom) 503

The Bombay High Court last month held that the act of recording audio in a police station would not become an offence under the stringent Official Secrets Act (OSA).

A division bench of Justices Vibha Kankanwadi and Santosh Chapalgaonkar, sitting in Aurangabad, quashed an FIR lodged against two brothers, one of whom works as a Constable with the Mumbai Police, who were booked under the Official Secrets Act for recording conversation with a police officer, within the police station at Pathardi, Ahmednagar.

[Indian Succession Act] Executor's Imprisonment Affects Management And Administration Of Deceased's Large Estates: Bombay High Court

Case title: Laura D'Souza vs. Lalit Timothy D'Souza

Citation: 2024 LiveLaw (Bom) 504

The Bombay High Court has observed that the incarceration of an executor of a will, who has to administer and manage 'large' estates and business ventures, would operate as a 'legal disability' for the executor to manage such estates.

A single judge bench of Justice N. J. Jamadar observed “If the estate is such that it does not require active management as is in the case of a passive investment, the incarceration of the executor may not have a bearing. However, whether the estate is large and comprises running business ventures, which require day to day management, it would be difficult to accede to the submission that the incarceration does not operate as a legal disability.”

Bombay High Court Slams State For Opposing Unmarried Woman's Pregnancy Termination As She Did Not "Fit Criteria" Of Being Widow Or Divorcee

Case title: XYZ vs.The State of Maharashtra & Anr.

Citation: 2024 LiveLaw (Bom) 505

The Bombay High Court on Monday pulled up the Maharashtra Government for opposing the 20-weeks medical termination of pregnancy of an 'unmarried' woman on the ground that she 'does not fit' the criteria for undergoing an abortion.

A division bench of Justices Sarang Kotwal and Dr Neela Gokhale questioned the 'rationale' in the argument put forth by the State that for the petitioner, a 23-year-old unmarried woman, to benefit from the Medical Termination of Pregnancy (MTP) Act, must fit in the criteria i.e. she either must be a widow or a divorcee.

Bombay High Court Revives PIL On Potholes And Poor Road Conditions

Case title: Ruju R. Thakker vs. State Of Maharashtra And Ors.

Citation: 2024 LiveLaw (Bom) 506

The Bombay High Court has stated that it would revive a Public Interest Litigation (PIL) on the issue of potholes in Mumbai and other districts in Maharashtra.

A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar was pronouncing the judgment on a contempt petition filed by Advocate Ruju Thakkar alleging non-compliance of Court's order to maintain good road conditions by the BMC and other authorities. While the Court disposed of the contempt petition, it stated that given the larger public interest and fundamental rights involved in the case, it would revive the PIL.

Bombay High Court Slaps Rs 1 Lakh Cost On Husband Who Opposed Wife's Plea To Transfer Divorce Proceedings Despite Her Hardships

Case Title: S vs R

Citation: 2024 LiveLaw (Bom) 507

The Bombay High Court recently came to the aide of a woman, who was being 'compelled' by her estranged husband to travel at least 8 hours along with her pre-term born now 15-months old son, to attend divorce proceedings and also slapped a fine of Rs 1 lakh on the husband in order to ameliorate her hardships.

Single-judge Justice Milind Jadhav noting the 'hardships' of the woman, transferred the divorce proceedings initiated by the husband at Vasai in Thane district to Bandra Family Court in Mumbai.

'Substantiative Powers' Of Municipal Corporations Can't Be Used To Benefit Developers: Bombay HC Paves Way For Demolishing Portions Of Thane Mall

Case Title: Natvar Patel vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 508

The Municipal Corporations and their Commissioners do have substantial powers under the Maharashtra Municipal Corporation (MMC) Act, 1949, however, these powers can never be exercised to benefit the builders or developers at the cost of public amenities, observed the Bombay High Court on Monday (October 7) while imposing a cost of Rs 2 lakh on a developer and the Thane Municipal Corporation (TMC) for permitting developer to construct a mall over a Nallah (drain).

A division bench of Justices Mahesh Sonak and Kamal Khata also set aside the February 2005 order of the TMC which regularised the illegally constructed portions of the popular Korum mall in Thane district, which would mean that the authorities will have to now demolish the mall.

Bombay HC Dismisses IIT Bombay's Appeal Against Payment Of Gratuity To Contract Workers

Case Title: Indian Institute of Technology by its Registrar vs Dadarao Tanaji Ingle and Ors.

Citation: 2024 LiveLaw (Bom) 509

On 4th October, a Single Bench of the Bombay High Court comprising of Justice Sandeep V. Marne heard a petition filed by Indian Institute of Technology, Bombay (“IIT Bombay”) challenging the order passed by Assistant Labour Commissioner (“Central”) acting as Controlling Authority under the Payment of Gratuity Act 1972, (“PG Act”), later then upheld by the Appellate Authority. The orders had allowed applications filed by Respondent i.e., the employees of the petitioner and directed payment of gratuity to them.

Shirdi Sai Baba Sansthan Is A Religious And Charitable Trust; Its Anonymous Donations Cannot Be Taxed: Bombay High Court

Case Title: Commissioner of Income Tax (Exemptions) vs Shree Sai Baba Sansthan Trust, Shirdi 

Citation: 2024 LiveLaw (Bom) 510

The Bombay High Court on Tuesday (October 8) held that the Shree Sai Baba Sansthan Trust, Shirdi is certainly a religious and a charitable trust and thus the 'anonymous' donations to the tune of Rs 159.12 crores, it received in the hundi (cash collection box) during the assessment years 2015 to 2019, can be exempted from income tax.

A division bench of Justices Girish Kulkarni and Somasekhar Sundaresan upheld the October 25, 2023 order of an Income Tax Appellate Tribunal (ITAT) which had held that the Trust is both a charitable and religious one and thus was eligible to exemption from income tax on its anonymous donations.

Bombay High Court Sets Aside Order Denying Furlough To Prisoner For Not Doing Carpentry Work In Prison

Case Title: Dashrath Dhramaji Debur vs Special Police Inspector General Prison (East Region), Nagpur 

Citation: 2024 LiveLaw (Bom) 511

The Bombay High Court recently quashed and set aside an order passed by the Special Police Inspector General of Prisons (East Region) which refused to permit furlough leaves to a convict on the ground that the prisoner refused to do 'carpentry' work while in jail.

A division bench of Justices Vinay Joshi and Vrushali Joshi, sitting at Nagpur, quashed the order passed by the Special Police Inspector General of Prisons, by which the officer refused furlough leave to the petitioner Dashrath Debur, a murder convict.

Purchase Of Goodwill And Continuing Same Business Must For Exemption Under Govt Notification Issued U/S 15(1) Of Bombay Rent Act: High Court

Case title: Julia Rodrigues vs. Chandra Gulab Advani & ors.

Citation: 2024 LiveLaw (Bom) 512

The Bombay High Court has observed that a Notification issued by the State Government on 24 September 1948, exercising its powers under the proviso to Section 15(1) of the Bombay Rent Act, 1947, permits a 'transfer of business' and not a 'transfer of tenancy' for certain commercial premises. Thus, the continuation of business must involve a purchase of goodwill so that the transfer is not considered as unlawful subletting under the Act.

A single judge bench of Justice Sandeep V. Marne was considering the petitioner-landlady's challenge to the District Court's order, which set aside the eviction decree passed by a Small Causes Court.

Bombay HC Directs Municipal Corporations & Local Bodies To Conduct 'Special Drive' To Remove Illegal Hoardings Of Political Parties, Revives PIL

Case title: Suswarajya Foundation, Satara And Anr vs. The Collector, Satara And Anr

Citation: 2024 LiveLaw (Bom) 513

The Bombay High Court has revived a PIL pertaining to illegal hoardings and banners put up by political parties in public places. It has directed municipal corporations, municipal councils and other local bodies to conduct a 'special drive' to remove illegal hoardings and banners on public streets, public parks and other places.

A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar was hearing contempt petitions against non-compliance with Court's order in a PIL, where it has directed municipal corporations and other local bodies to remove illegal hoardings of political parties.

Expulsion Forever Will Lead To 'Academic Death': Bombay High Court Grants Relief To Law Student Accused In Multiple Sexual Harassment Cases

Case Title: X vs Maharashtra National Law University

Citation: 2024 LiveLaw (Bom) 514

While disposing of a plea filed by a final year law student of the Maharashtra National Law University (MNLU) challenging the decision of the varsity to expel him from the institution after he was found guilty of 'repeated' sexual harassment of girls by the Internal Complaints Committee (ICC), the Bombay High Court on Thursday said that the student's expulsion for an 'unspecified' period would result in his 'academic death.'

A division bench of Justices Atul Chandurkar and Rajesh Patil opined that remanding the dispute back to the Vice Chancellor of the MNLU, would lead to a third round of litigation (the instant one being the second round), and thus, the petitioner student and also the complainant girl, both should not be subjected to any further distractions from their academic activities.

Bombay High Court Commutes Death Sentence Of Man Who Burnt Alive Woman, 2-Yr-Old; Awards Life Sentence

Case Title: State of Maharashtra vs Deepak Jath

Citation: 2024 LiveLaw (Bom) 515

The Bombay High Court on Thursday commuted the death sentence to life imprisonment of a 46-year-old man, who set ablaze two women and a two-year-old girl.

A division bench of Justices Revati Mohite-Dere and Shyam Chandak said the instant case, wherein the convict - Deepak Jath, set ablaze two women and a two-year-old girl, which led to the death of one of the women and the minor girl, does not fall in the category of 'rarest of rare' case, warranting death sentence to the accused.

Man Grooving His Neck Towards A Woman While Hearing Music & Riding Bike Is Not 'Stalking' : Bombay High Court

Case Title: Rakesh Shukla vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 516

A man grooving his neck, towards a woman, while hearing music and riding a bike, will not amount to the offence of stalking as provided under section 354-D of the Indian Penal Code (IPC), the Bombay High Court held on Friday. The court however, held that the act of riding a two-wheeler at a high speed and in a wavering manner, coming close to another two-wheeler and overtaking it, would amount to rash and negligent driving.

Single-Judge Justice Milind Jadhav therefore, quashed the conviction of one Rakesh Shukla, to the extent of the court convicting him for the offence of stalking but upheld his conviction for negligent and rash driving.

Bombay High Court Overturns Labour Court's Reinstatement Of Typist; Clarifies Regularization Criteria To Contractual Workers In State Instrumentalities

Case title: The Executive Engineer V/S Suchita Vijay Survey

Citation: 2024 LiveLaw (Bom) 517

A Single Bench of the Bombay High Court comprising Justice Sandeep V. Marne ruled in favour of the Maharashtra State Electricity Board (MSEB) and overturned a Labour Court award that had directed the MSEB to reinstate Suchita Vijay Surve as a permanent employee with 50% back wages. Surve had worked as a typist on a contractual basis for the Board and had sought permanency after six years of service. The Court ruled that there was no employment relationship, as Surve was never formally appointed, but only engaged on a work-for-hire basis.

Bombay High Court Reaffirms Binding Nature Of Emergency Arbitrator's Decision, Grants Interim Relief U/S 9 Of Arbitration Act

Case Title: Ashok Kumar Goel & Anr. vs. EbixCash Limited & Ors.

Citation: 2024 LiveLaw (Bom) 518

The Bombay High Court bench of Justice Arif S. Doctor has observed that the object and intent of section 9 of the Arbitration Act is to support Arbitration and not defeat and/or permit parties to detract from the very process of arbitration. Therefore, party autonomy being the bedrock of arbitration, this would necessarily apply from the agreement to the rendering of the final arbitral award. The court reiterated that once a party agrees to institutional rules and participates in an emergency arbitration proceeding, it cannot later claim that the Emergency Arbitrator's ruling is non-binding or invalid.

Bombay High Court Upholds MSRTC's Right To Dismiss Conductor For Repeated Misconduct; Domestic Inquiries Do Not Require The Same Standard Of Proof As Judicial Proceedings

Case title: Maharashtra State Road Transport Corporation V/SMr. Raghu Deu Mongal

Citation: 2024 LiveLaw (Bom) 519

A Single Bench of Bombay High Court comprising Justice Sandeep V. Marne ruled in favour of the Maharashtra State Road Transport Corporation (MSRTC). It set aside the Industrial Court's order and reinstated MSRTC's right to dismiss a conductor, Raghu Deu Mongal, for serious misconduct. The court held that the domestic inquiry was fairly conducted and the punishment was appropriate.

Can't Allow Amendment To Plaint After Commencement Of Trial Merely Because Applicant Was Illiterate, No Due Diligence Shown: Bombay HC

Case title: Ganpat Bhagoji Kshirsagar & ors. vs. Anjana Krushna Jamdade & anr.

Citation: 2024 LiveLaw (Bom) 520

While setting aside an order allowing amendment of plaint after the commencement of trial, the Bombay High Court has observed an illiterate lady obtaining certified copies of sale deeds cannot be said to have exercised 'due diligence', when she was aware of the sale deeds before filing the suit.

A single judge bench of Justice S. M. Modak was considering the petitioners' (defendants) challenge to the Trial Court's order, which allowed respondent no. 1's (plaintiff) application for amendment of the plaint after the trial had commenced.

Section 134(2) Of Trademarks Act Does Not Bar Applicability Of Clause XIV Of Letters Patent: Bombay High Court

Case title: Bajaj Electricals Limited vs. Electronics Mart India Limited & Ors. 

Citation: 2024 LiveLaw (Bom) 521

The Bombay High Court has observed that Section 134(2) of the Trademarks Act, 1999 does not bar a plaintiff from seeking leave of the Court to combine the cause of action of 'passing off' with the suit of infringement under Clause XIV of the Letters Patent.

A single judge bench of Justice R.I. Chagla observed that if the legislature had intended that Clause XIV should not be resorted during the enactment of the Trademarks Act, it would have made a provision to that effect in Section 134.

Bombay High Court Grants Bail To Accused In ₹6606 Crore Bitcoin Fraud Case, Cites Her Being A Woman, Mother Of Six-Yr-Old

Case Title: Simpy Bhardwaj vs Union of India 

Citation: 2024 LiveLaw (Bom) 522

Observing that she is the mother of a six year old, the Bombay High Court last week granted bail to Simpy Bhardwaj, booked under the stringent Prevention of Money Laundering Act (PMLA) by the Enforcement Directorate (ED) in 2023 for her alleged role in India's largest Bitcoin-based Ponzi scheme worth Rs 6,606 crore, related to a Delhi-based firm - Variable Tech Pvt Ltd.

Single-judge Justice Manish Pitale observed that since the applicant Bharadwaj is a woman, she is entitled to the benefit of the proviso to section 45(1) of the Act.

Bombay High Court Holds Redevelopment Rights of Society Not Part Of Moratorium Process; Issues Writ Of Mandamus For Redevelopment, Upholding Right to Shelter

Case Title: Kher Nagar Sukhsadan Co-operative Housing Society Ltd. v. State of Maharashtra & Ors.

Citation: 2024 LiveLaw (Bom) 523

The Bombay High Court division bench of Justices Kamal Khata and M.S. Sonak has held that if the developer fails to meet its obligations under the Development Agreement, such as paying transit rent and completing construction within the specified time frame, there is a complete failure of consideration, and no rights accrue to it. The court awarded a writ of mandamus for permissions and approvals for redevelopment. It observed that the uncertain outcome of a Corporate Insolvency Resolution Process (CIRP) shouldn't deprive individuals of their basic right to shelter.

Taxpayer Can't Be Denied ITC For Merely Filing GST Form Manually If Functionality Issues Are Attributable To Dept: Bombay High Court

Case Title: Tikona Infinet Private Limited versus Union of India

Citation: 2024 LiveLaw (Bom) 524

Recently, an issue cropped up before the Bombay High Court, where it was emphasized that technicalities created by the Department and not the taxpayer, should not be put forth by the department to defeat the statutory rights and entitlement of the taxpayers.

The Division Bench of Justice M.S. Sonak and Justice Jitendra Jain ruled that concerned Revenue officials (Respondent) cannot deny the benefits of accrued ITC (input tax credit) to the assessee (Petitioner) only because the prescribed forms were not filed electronically but were filed manually.

Bombay High Court Quashes FIR Against Man Booked For Insulting Woman's Modesty By 'Moving His Hands Over Nude Lady-Shaped Paperweight'

Case Title: XYZ vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 525

The Bombay High Court recently quashed a First Information Report (FIR) lodged against a Superintendent Engineer of the Maharashtra State Electricity Distribution Company Limited (MSEDCL), who was booked for insulting the modesty of a female employee by moving his hands over a paperweight, which the complainant said depicted the shape of a 'nude lady.'

A division bench of Justices Vibha Kankanwadi and Santosh Chapalgaonkar quashed the FIR after refusing to accept the contention of the complainant, an executive engineer in the MSEDCL, who was a junior to the applicant.

Development Activities Needed To Generate Funds: Bombay High Court Says Wadia Trust Empowered To Develop Lands To Fund Charitable Activities

Case title: A. H. Wadia Trust & Ors. vs. The Charity Commissioner

Citation: 2024 LiveLaw (Bom) 526

In relation to an opinion sought by a Public Trust, the Bombay High Court has observed that the Trust is empowered to undertake development activities on its land either singly or through a joint venture for executing the Slum Rehabilitation Scheme, in order to generate revenue for its charitable activities.

A single judge bench of Justice Abhay Ahuja was considering the Originating Summons filed by the trustees (plaintiffs nos. 2 to 5) of the A. H. Wadia Trust (plaintiff no. 1).

S. 295 IPC | Throwing Earth Material, Stones On Grave While Digging Land Doesn't Damage It, No Religious Sentiments Are Hurt: Bombay High Court

Case Title: Shaikh Tareq Mohammad Abdul Latif vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 527

The Bombay High Court while quashing a First Information Report (FIR) lodged against a businessman under section 295 of the Indian Penal Code (IPC) held that mere throwing of earth material (soil, rocks etc) and stones on a grave while carrying out a digging work nearby it, would not amount to damaging, destroying or defiling the grave to hurt the religious sentiments.

Sitting at Aurangabad, a bench of Justices Vibha Kankanwadi and Santosh Chapalgaonkar noted that the petitioner Shaikh Tareq Mohammad Abdul Latif, had instructed some persons to level the land, he owned, which was abutting the grave. The judges noted that during the digging activity, some earth material was found to be thrown on the grave along with stones.

S.27A Customs Act | Interest On Delayed Refund Is Payable After Three Months Of Date Of Refund Application, Not From Date Of Order: Bombay HC

Case Title: Ajay Industrial Corporation vs. Deputy Commissioner of Customs

Citation: 2024 LiveLaw (Bom) 528

Pointing that the Department has delayed the refund on customs duty that was due & payable to assessee for almost ten years, the Bombay High Court ruled that such action of Department in avoiding the payment of interest on delayed refund by raising frivolous pleas, cannot be sustained.

The Division Bench comprising Justice M.S. Sonak and Justice Jitendra Jain observed that the respondent by misconceived construction of Section 27A of the Customs Act, cannot avoid payment of interest at the rate of 6% per annum, having retained and utilised the amount which was ultimately found to be refundable to the petitioner.

No Privity Of Contract: Bombay HC Rejects 31.77 Million USD Appeal By Insurance Companies Against Company Providing Airport Handling Services

Case title: New India Assurance Co. Ltd. & Ors. vs. Janus Aviation Pvt. Ltd.

Citation: 2024 LiveLaw (Bom) 529

The Nagpur Bench of Bombay High has dismissed a Commercial appeal filed by insurance companies for recovery of an amount of 31.77 million US Dollars against a company providing airport handling services, on the ground that that there was no privity of contract between the parties.

A division bench of Justice Bharati Dangre and Jusitce Abhay J. Mantri was considering the appellants' challenge to the order of Commercial Court, which returned the plaint filed by them, The Commercial Court found that the dispute was not a commercial dispute under the Commercial Courts Act, 2015 (CC Act) and held that it was not a proper court to adjudicate the case.

Scope Of Examination By Referral Court U/S 11 Of Arbitration Act Is Limited, Substantive Issues To Be Dealt With By Tribunal: Bombay High Court

Case Title: Tata Capital Limited Versus Priyanka Communications (India) Pvt. Ltd. And Ors.

Citation: 2024 LiveLaw (Bom) 530

The Bombay High Court Bench of Justice Firdosh P. Pooniwalla held that the scope of examination under section 11 (6A) of the Arbitration and Conciliation Act should be confined to the existence of an arbitration agreement on the basis of Section 7 of the Act. Similarly, the validity of an arbitration agreement, in view of Section 7 of the Act, should be restricted to the requirement of formal validity such as the requirement that the agreement be in writing.

"Possible That Daughter Implicated Father In False Rape Case Due To Matrimonial Dispute Between Parents": Bombay High Court Grants Bail To Man

Case Title: X vs State of Maharashtra 

Citation: 2024 LiveLaw (Bom) 531

The Bombay High Court on Tuesday (October 15) while granting bail to a man, booked for allegedly sexually assaulting his own minor daughter, observed that there is every possibility of the daughter implicating her father in a false case at the behest of her mother, since the parents have locked horns in a separate matrimonial dispute.

Single-judge Justice Manish Pitale noted the pending matrimonial dispute between the applicant and his wife, which the judge said assumed significance.

"Painful To Stay In Indian Jails": Bombay HC Directs Complainant To Pay Rs 4.2 Lakhs Compensation To Man Wrongly Jailed At His Instance

Case Title: Thakan @ Nitin Bhausaheb Alhat vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 532

Observing that it is most painful to stay in the overcrowded jails in India, the Bombay High Court recently while granting bail to a man 'wrongly' made an accused, ordered the complainant to pay Rs 4,20,000 to him for curtailing his freedom and for loss of his income.

Single-judge Justice Sanjay Mehare, sitting at Aurangabad bench, noted that the petitioner, a labourer, was in jail from February 7, 2024 as the complainant wrongly identified him as one of the assailants, who assaulted him and attempted to kill him. The judge noted, that the complainant 'lied' as he in the FIR raised serious allegations against the petitioner, but later on withdrew the same.

Application U/S 34 Of Arbitration Act To Challenge Award Passed U/S 18(4) Of MSMED Act Is Governed By Agreement Between Parties: Bombay HC

Case Title: Rohit Sood v. Gammon Engineers and Contractors Pvt. Ltd.

Citation: 2024 LiveLaw (Bom) 533

The Bombay High Court Bench of Justice Jitendra S. Jain And M.S. Sonak, held that the jurisdiction of the Court to hear the application under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) to challenge the award passed under Section 18(4) of the MSMED Act would be governed by the agreement between the parties which has conferred exclusive jurisdiction to a particular Court. In this case, a case was referred to the High Court to resolve the conflict between two judgments.

Bombay High Court Dismisses Plea Challenging Election Of Shiv Sena (UBT) Leader Anil Desai To 18th Lok Sabha

Case Title: Anil Desai vs Mahendra Bhingardive 

Citation: 2024 LiveLaw (Bom) 534

The Bombay High Court recently dismissed a petition challenging the election of Shiv Sena (Uddhav Thackeray) faction's Anil Desai to the 18th Lok Sabha from Mumbai South-Central constituency, observing that the petition failed to establish the 'material impact' on the elections that concluded in June this year.

Single-Judge Justice Sharmila Deshmukh noted that the only ground on which the petitioner Mahendra Bhhingardive challenged Desai's election was that Desai, while annexing the mandatory affidavit to the nomination form, left several 'blank spaces' which, according to the petitioner, were mandatory to be filled. 

'Reasons For Delay In Deciding A Case' Is Not 'Information' Under RTI Act: Bombay High Court

Case title: Bar Council of Maharashtra & Goa vs Central Information Commission

Citation: 2024 LiveLaw (Bom) 535

The Bombay High Court on Thursday held that 'reasons for delay in taking a decision or deciding a case' cannot qualify 'information' as defined under the Right To Information (RTI) Act and thus, one cannot ask 'reasons' in an RTI application.

A division bench of Justices Mahesh Sonak and Jitendra Jain quashed an order of the Central Information Commission (CIC) which had imposed costs of Rs 25,000 on the Secretary of the Bar Council of Maharashtra and Goa (BCMG), for failing to provide information of 'reasons for delayed decision' in a complaint filed by a litigant against an advocate.

Failed To Comply With S.23(4) Of MVAT Act Along With Non-Application Of Mind & Legal Malafide: Bombay HC Quashes Assessment, Imposes 50K Cost On Dept

Case Title: M/s Soremartec S. A., Luxembourg vs. State of Maharashtra

Citation: 2024 LiveLaw (Bom) 536

While considering a case where the Commercial tax department has flagrantly breached the statutory provisions of Sec 23(4) of the MVAT Act, the Bombay High Court ruled that assessment order passed by Commissioner of Sales tax is vitiated by total non-application of mind.

Since a strong prima facie case is made out about manipulating the date of passing the assessment order, the Division Bench comprising Justice M.S Sonak and Justice Jitendra Jainfound that such manipulation was to create an impression that the order was made within the prescribed statutory period of limitation.

[Seat vs Venue] Bombay High Court Upholds Arbitrator's Discretion To Change Venue Of Arbitral Proceedings

Case Title: Dhule Municipal Commissioner vs. M/s Borse Borthers Engineers and Contractors Pvt. Ltd.

Citation: 2024 LiveLaw (Bom) 537

The Bombay High Court bench of Justice Arun R. Pedneker has held that an arbitrator has the authority to change the venue to a conveniently located place even if the venue is specified in the agreement. The court held that the arbitrator may shift the venue if conducting proceedings at the agreed venue would be detrimental to the arbitration process. It observed that Section 20(3) does not completely bar the change of venue without the consent of the parties, even when the venue is agreed upon in the contract.

Bombay HC Quashes Session Judge's Suo Moto Exercise Of Revision Power, Says 'Uncalled Activism' Would Create Hindrance In Legal Proceedings

Case title: Shahrukh Ziya Mohammad vs. State of Maharashtra & anr. (Criminal Writ Petition No. 783/2024)

Citation: 2024 LiveLaw (Bom) 538

While quashing a Sessions Court's order taking suo moto cognizance of a Magistrate's order, the Nagpur bench of the Bombay High Court has observed that the suo moto powers have to be used sparingly and when there is a prima facie reason to exercise such powers. It noted that uncalled use of suo moto powers causes unnecessary hindrance to the legal proceedings.

A division bench of Justice Vinay Joshi and Justice Vrushali V. Joshi remarked, “When the statute has invested powers to the Court, it also carries responsibility...Sou moto powers are to be exercised sparingly when the orders of inferior Court are against the law, procedure or there is a glaring mistake. The uncalled activism would put unnecessary hindrance in the smooth legal proceedings.”

Rejecting Plaint Citing SARFAESI Act When Pleadings Claiming Fraud Are Under Specific Relief Act, Amounts To Miscarriage Of Justice: Bombay HC

Case title: Mr. Shashikant Gangar vs. Aditya Birla Finance Limited

Citation: 2024 LiveLaw (Bom) 539

While hearing a plea concerning the trial court's dismissal of a suit claiming fraud and collusion by a bank and the shareholders of a company, the Goa Bench of the Bombay High Court said that the rejection citing Section 34 SARFAESI Act amounted to miscarriage of justice, as the pleadings and reliefs were sought under the Specific Relief Act.

A single judge bench of Justice Bharat P. Deshpande in its order said, “The question of fraud and , collusion and the relief claimed in the suit of declaration that the loan facility and the mortgage created in favour of defendant no.1 (bank) is a nullity, is certainly not coming within the jurisdiction of DRT or under the SARFAESI Act. Such declaration is only permissible under the Specific Relief Act.”

Hope Election Commission Will Develop Some Module To Avoid 'Bogus Voting': High Court On MLA's Plea Ahead Of Maharashtra Assembly Elections

Case Title: Chandrakant Nimba Patil vs State Election Commission 

Citation: 2024 LiveLaw (Bom) 540

The Bombay High Court on Friday (October 18) while dismissing the petition filed by an independent Member of Legislative Assembly (MLA) highlighting the issue of duplicate voter cards, accepted the contention of the Election Commission of India (ECI) that it will be conducting 'free and fair' elections.

A division bench of Justices Vibha Kankanwadi and Santosh Chapalgaonkar hoped that the ECI will develop some 'module' to ensure no 'bogus' voting takes place in the upcoming Maharashtra Assembly Elections.

Bombay High Court Quashes FIR Against Lawyer For Shouting "Pannas Khoke Ekdum Okay" Against Shiv Sena (Shinde) Leader

Case Title: Sharad Mali vs State of Maharashtra 

Citation: 2024 LiveLaw (Bom) 541

The Bombay High Court recently quashed a First Information Report (FIR) against a lawyer, who along with a few farmers, staged an agitation in front of the convoy of Abdul Sattar, the Minister of Agriculture, who had joined the Shiv Sena (Eknath Shinde) group, by raising slogans like "Pannas Khoke, Ekdum Okay" (Fifty Crores All Okay).

A division bench of Justices Vibha Kankanwadi and Santosh Chapalgaonkar noted that the petitioner Sharad Mali along with few farmers, halted Sattar's convoy on March 22, 2023 at Amalner. The judges noted that the protestors staged an agitation and threw cotton and empty cartons (boxes) in front of Sattar's convoy.

Rejection Of Application For Voluntary Cancellation Of GST Registration Didn't Contain Reasons: Bombay HC Quashes Rejection Order

Case Title: Om Impex versus The State of Maharashtra & ors

Citation: 2024 LiveLaw (Bom) 542

The Bombay High Court ruled that since the revocation orders for registration cancellation on petitioner's application were passed contrary to principles of natural justice, all the subsequent proceedings initiated thereafter, which are consequential, shall be quashed.

“Before the revocation of cancellation of registration, the Petitioner was not supplied with the documents on the basis of which its application for cancellation of registration was rejected, which is contrary to the principles of natural justice”, observed the Division Bench of Justice M. S. Sonak and Justice Jitendra Jain.

Teachers Will Be Called For Poll Duty During Diwali Vacations; On Poll Day And Day Before Polls: ECI Tells Bombay High Court

Case Title: Maniyar Hasina vs Election Commission of India 

Citation: 2024 LiveLaw (Bom) 543

The Bombay High Court on Monday disposed of a petition filed by the parents of school students, who challenged the 'full time' poll duties for teachers amid exams, arguing that it 'violates the right to education' of their children.

Non-Compete Clause Is Invalid Post-Termination Of Contract As It Results In Restraint Of Trade: Bombay High Court Sets Aside Injunction

Case Title: Indus Power Tech Inc. v. M/s. Echjay Industries Pvt. Ltd.

Citation: 2024 LiveLaw (Bom) 544

The Bombay High Court Bench of Justice A.S. Chandurkar and Justice Rajesh S. Patil has held that though a non-compete clause can operate validly during the term of the agreement. But it would not be valid post-termination of the agreement as it would result in restraint of trade prohibited by Section 27 of the Indian Contract Act, 1872.

Bombay High Court Grants Bail To Sachin Waze In Corruption Case Related To Anil Deshmukh

Case title: Sachin Waze v State

Citation: 2024 LiveLaw (Bom) 545

The Bombay High Court granted bail to dismissed controversial cop Sachin Waze, who was arrested in the 'corruption' case related to former Home Minister and senior NCP (SP) leader Anil Deshmukh.

A division bench of Justices Mahesh Sonak and Jitendra Jain ordered Waze's release subject to the conditions that will be imposed on him by the special anti-corruption court in Mumbai.

Bombay HC Holds 'Income From Leasing Of Property' As 'Income From Business', Says Deciding Factor Is Not Ownership But Nature Of Activity

Case Title: National Leasing Limited versus The Assistant Commissioner of Income

Citation: 2024 LiveLaw (Bom) 546

The Bombay High Court held that assessee had correctly accounted income from leasing out of properties under the head 'income from profits & gains of businesses', and not as 'income from house property'.

The Justice G. S. Kulkarni and Justice Firdosh P. Pooniwalla also after finding that income of assessee is derived from letting out of the properties, which in fact, is the principal business of the assessee as seen from its main objectives contained in its memorandum of association.

Bombay High Court Grants Bail To Chhota Rajan In Hotelier Murder Case, Suspends Life Sentence

Case Title: Chhota Rajan vs. State

Citation: 2024 LiveLaw (Bom) 547

The Bombay High Court has granted bail to gangster Chhota Rajan, who was convicted for the murder of hotelier Jaya Shetty in 2001.

On May 30, 2024, a special MCOCA Court convicted Rajan along with others and sentenced him to life imprisonment.

Nagpur Improvement Trust Asking To Vacate Land In 30 Days 'Waives' 2 Month Notice Allottee Has To Give Before Filing Lawsuit: Bombay HC

Case title: Nagpur Improvement Trust vs. Jain Kalar Samaj

Citation: 2024 LiveLaw (Bom) 548

In a case concerning the interpretation of Section 115 of Nagpur Improvement Trust (NIT) Act wherein a person can sue the authority only after two months from the expiry of his notice to the authority, the Nagpur Bench of the Bombay High Court said that NIT's conduct in asking a party to vacate a land in 30 days in turn amounted to a waiver of Section 115's mandate.

After referring to various pronouncements on the principle of waiver, a division bench of Justice Urmila Joshi Phalke and Justice M.W Chandwani said, “Therefore, issuing a Notice mentioning a lesser period than mentioned in Section 115 of the NIT Act and depriving the other party to approach the Civil Courts and depriving him from asserting his right under the common law by ignoring the provisions which is for the benefit of the Trust and the Trust has chosen not to act as per the provisions amounts to “waiver”.

Non-Disposal Of Application For Registration U/S 12AA Of IT Act Within 6 Months Doesn't Result In "Deemed Registration”: Bombay High Court

Case Title: The Commissioner of Income Tax versus Dr. Kasliwal Medical Care & Research Foundation

Citation: 2024 LiveLaw (Bom) 549

Referring to decision of CIT vs. Harshit Foundation Sehmalpur, the Bombay High Court reiterated that Sec 12AA(2) does not make any provision, to the effect that non-deciding of the registration application u/s 12AA(2) within a period of six months, brought about a deemed registration.

The Division Bench of Justice G. S. Kulkarni and Justice Firdosh P. Pooniwalla clarified that “non-disposal of application for registration by granting or refusing registration, before the expiry of six months as provided u/s 12AA(2), would not result in a deemed grant of registration”.

Tribunal's Award However Erroneous, Must Be Challenged U/S 34 Of Arbitration Act, Court Cannot Exercise Writ Jurisdiction: Bombay HC

Case Title: M/s. Duro Shox Pvt. Ltd. v. The State of Maharashtra and Anr.

Citation: 2024 LiveLaw (Bom) 550

The Bombay High Court Bench of Justice Arun R. Pedneker held that when the 'Award' is made by the Facilitation Council / Tribunal by exercising jurisdiction vested in it, however erroneous the 'Award' may be, the same has to be challenged only by invoking Section 34 of the Arbitration Act.

This court would not exercise jurisdiction under Articles 226 and 227 of the Constitution of India, only to avoid the aggrieved party from the hardship of deposit of 75% of the award amount in terms of Section 19 of the MSMED Act.

Bombay High Court Denies Anticipatory Bail To Father Of Another Minor Who Was Present In The Pune Porsche Car During Accident

Case Title: Arunkumar Devnath Singh vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 551

The Bombay High Court on Wednesday dismissed the anticipatory bail application filed by the father of the second minor in the Pune Porsche accident, who was sitting next to the main accused - a Child in Conflict with Law (CCL), who allegedly was driving the car on May 19, 2024 in a high speed and killed two youth after mowing them down.

Single-judge Justice Manish Pitale noted that the applicant Arunkumar Singh had bribed the doctors at the Sasoon Hospital in Pune just after the accident to get his son's blood samples changed with another co-accused, only to ensure that the medical reports do not indicate presence of any alcohol in his son's blood.

Woman Advocates Seeks Senior Designation After Completing 10 Years Of Practice, Cites Fundamental Duties; Bombay High Court Rejects Plea

Case Title: Manjeet Kaur vs Bar Council of Maharashtra & Goa 

Citation: 2024 LiveLaw (Bom) 552

The Bombay High Court on Monday (October 21) dismissed the plea filed by a woman advocate, who sought to be designated as a 'senior advocate' in view of her completing 10 years in legal practice.

A division bench of Justices Nitin Sambre and Vrushali Joshi noted that the petitioner advocate - Manjeet Kaur (47), sought senior designation while relying on section 16 (which provides for designation of senior advocates based on their knowledge and standing in the Bar) of the Advocates Act, 1961 and also the fundamental duties provided under Article 51A of the Constitution of India.

Bombay High Court Holds Tea Brand 'GIRNAR' As Well-Known Trademark In India, Says It Has Become A 'Household Name'

Case title: Girnar Food & Beverages Pvt. Ltd. vs.TNI Plastics

Citation: 2024 LiveLaw (Bom) 553

The Bombay High Court has held the popular food and beverage mark–'GIRNAR' as a well-known trademark in India within the meaning of the Trade Marks Act, noting that its recognition and goodwill extends beyond any specific class of goods or services.

In doing so a single judge bench of Justice R.I. Chagla also observed that the trade mark 'GIRNAR' has indeed become a household name in India.

“You Are Not A CM": High Court Denies Interim Bail To BJP Leader For Contesting Maharashtra Polls, Says Arvind Kejriwal Order Not Applicable

Case title: Digambar Agawane vs State

Citation: 2024 LiveLaw (Bom) 554

The Bombay High Court on Thursday while denying interim bail to a Bharatiya Janata Party (BJP) leader Digambar Agawane for contesting the upcoming Maharashtra Assembly Elections, said 'right to contest' was not a fundamental right and that the applicant can contest the ensuing polls from the jail itself.

Single-judge Justice Manish Pitale, while refusing to accept the contention of Agawane that the recent ruling of the Supreme Court in Arvind Kejriwal's case would squarely apply on his case, as he too seeks interim bail to contest the upcoming elections just like Kejriwal had sought interim bail for campaigning in the then held Lok Sabha Elections.

Arbitration Proceedings Can't Be Commenced Against Third Parties Who Are Not Parties To Agreement: Bombay High Court

Case Title: Avenues Seasons Properties Llp Vs. Nissa Hoosain Nensey & Ors.

Citation: 2024 LiveLaw (Bom) 555

The Bombay High Court bench of Justice A. S. Chandurkar and Justice Rajesh S. Patil has held that arbitration proceedings cannot be commenced against third parties who have not signed the Arbitration Agreement. The court observed that either the developer or the society, who has signed the Development Agreement can invoke the arbitration agreement in case of dispute. A party who is not mentioned in the Development Agreement and has not signed the contract cannot be referred to arbitration.

Dismissal For Theft Justified When Position Of Trust Is Violated, Reinstatement Not Automatic Remedy And Value Of Stolen Property Irrelevant: Bombay HC

Case title: M/s. J.W. Marriott Juhu vs. Nilesh Kanojia & Anr.

Citation: 2024 LiveLaw (Bom) 556

A Single Judge Bench of Justice Sandeep V. Marne set aside the Labour Court's and Industrial Court's orders reinstating a security associate dismissed from JW Marriott for theft. The Court held that theft of hotel property by a security employee constitutes serious misconduct regardless of the value of stolen items, given their position of trust. The Court found that the employee's subsequent disruptive behavior with union members further justified the dismissal. While quashing the reinstatement order, the Court awarded compensation of Rs. 5 lakhs in lieu of reinstatement, considering the totality of circumstances.

Bombay HC Sets Guidelines For Reviewing Proportionality Of Industrial Disciplinary Action; Bars Use Of New Evidence From Assessing Proportionality Of Punishment

Case title: Aiyaz Mohammad vs. Mahindra and Mahindra Ltd.

Citation: 2024 LiveLaw (Bom) 557

A Single Judge Bench of Justice Anil L. Pansare remanded the case of a dismissed worker back to the Labour Court, directing a fresh assessment of punishment proportionality based solely on existing evidence. The court ruled that while Mahindra and Mahindra could potentially justify harsher punishment for the alleged protest leader, the stark disparity between his dismissal and co-workers' four-day suspension warranted review. Following Supreme Court precedents in Raghubir Singh and Firestone Tyre cases, the court held that proportionality assessment must exclude new evidence and rely only on the original trial record.

Permanency Of Post Not To Be Granted Merely On The Completion Of Certain Days Of Service; But To Be Considered If Scheme Present For The Same:Bombay High Court

Case Title: The State of Maharashtra, through Directorate of Medical Education and Research & anr Versus Smt. Sunita Shankarrao Vhatkar & Ors.

Citation: 2024 LiveLaw (Bom) 558

The Bombay High Court Bench of Justice Sandeep V Marne considered a petition against an order passed by the Industrial Court allowing Respondents grant of permanency as well as other benefits. The Court ordered that simply completion of 240 days of service is not enough to mandate permanent post, however, in case creation of permanency was in consideration, via scheme provision or otherwise, then the case of employees must be considered fairly.

Every Nude Painting Or Depiction Of Sexual Intercourse Poses Is Not Obscenity: Bombay High Court Slams Customs For Confiscating Paintings

Case Title: M/s BK Polimex India Private Limited vs Union of India

Citation: 2024 LiveLaw (Bom) 559

The Bombay High Court recently while ordering the release of the paintings of renowned artists Francis Newton Souza and Akbar Padamsee, held that every nude painting or painting depicting some sexual intercourses poses cannot be styled as obscene.

A division bench of Justices Mahesh Sonak and Jitendra Jain noted that the decision of the Assistant Customs Commissioner (ACC) in Mumbai, was 'obsessed with his notions of obscenity' and thus he confiscated and directed the destruction of the artworks by Souza and Padamsee.

ED Misused Its Powers To Arrest, Acted As Per Its Whims & Fancies: Bombay High Court Grants Bail To Accused In PMLA Case

Case Title: Deepak Deshmukh vs Directorate of Enforcement

Citation: 2024 LiveLaw (Bom) 560

The Bombay High Court last week while granting bail to a man arrested by the Enforcement Directorate (ED) observed that the anti-money laundering agency "misused" its powers of arrest and acted as per this own "whims and fancies."

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan slammed the ED for arresting the petitioner Deepak Deshmukh in a predicate offence lodged way back eighty years ago (in 2016) in which he was neither named nor chargesheeted. 

Violent Strike Justifies Immediate Termination Without Enquiry: Bombay HC

Case title: Maruti Krishana Naik & Ors. vs. M/s. Advani Oerlikon Ltd. & Anr.

Citation: 2024 LiveLaw (Bom) 561

Bombay High Court: A Single Judge Bench of Justice Sandeep V. Marne upheld Advani Oerlikon Ltd.'s decision to terminate workers who participated in illegal strikes and violent protests without conducting a prior enquiry. The Court ruled that where employee misconduct clearly jeopardizes workplace safety, as evidenced by acts of obstruction, intimidation, and assault, employers can justify termination retrospectively in court proceedings.

Outstanding Demand Under Maharashtra Settlement Can't Be Adjusted Against Refund Payable Under Maharashtra VAT Act: High Court

Case Title: Andreas Stihl Private Limited versus The Joint Commissioner of State Tax & ors

Citation: 2024 LiveLaw (Bom) 562

The Bombay High Court held that authorities under MVAT Act while exercising powers under Maharashtra Settlement of Arrears of Taxes, Interest, Penalties or Late Fees Act, 2022, cannot invoke provisions of Section 50 of MVAT and that too in review proceedings under Settlement Act.

The Division Bench of Justice M. S. Sonak and Justice Jitendra Jain observed that there is no provision under Settlement Act which provides for calculation of outstanding arrears of a particular year to be arrived at after adjustment of refund for another year more so in a case where there is no such adjustment of refund order on date of application or on date of settlement order u/s 13 of Settlement Act.

Bombay High Court Allows Medical Officer To Contest Upcoming Elections; Orders State To Accept Resignation

Case title: Rohan Borse vs. State

Citation: 2024 LiveLaw (Bom) 563

The Bombay High Court on Tuesday ordered the Maharashtra Government to accept the resignation of a Medical Officer, who seeks to contest in the upcoming State Legislative Assembly elections.

A vacation court presided over by Justices Sandeep Marne and Manjusha Deshpande ordered the State to accept the resignation of Dr Rohan Borse, a Grade 'A' Medical Officer deployed at the District Civil Hospital at Nasik.

Bombay High Court Orders Enquiry Against Police Officers For Using AC, Water-Cooler, TV, Computer At Police Station Without Paying Supplier

Case Title: Nainesh Panchal vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 564

The Bombay High Court was recently disturbed to note that a police station in Thane city used air-conditioners, water coolers, computers, LED TV, printers and other valuable electronic devices, for free and later on when the supplier demanded money, the station officers returned the equipments without paying a penny.

A division bench of Justices Sarang Kotwal and Dr Neela Gokhale ordered the Director General of Police, Maharashtra to look into the allegations and file a report before it.

Prisoners Cannot Be Asked To Wait For Over One Year To Avail Parole In Emergency Situations Involving Their Family: Bombay High Court

Case Title: Balaji Puyad vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 565

Issues like family members' serious illness, wife's delivery, natural calamities etc are unforeseen and thus a prisoner cannot be asked to wait for one and a half years, till he becomes eligible to avail the facilities of furlough or parole leaves, the Bombay High Court held recently.

A division bench of Justices Bharati Dangre and Manjusha Deshpande directed the Superintended of Central Jail, Nashik to reconsider its decision on the application filed by the petitioner Balaji Puyad, who has sought parole leaves in wake of his wife's illness but was denied.

Three-Year Limitation on Salary Arrears Claims Upheld: Bombay HC Restricts Teacher's Back Pay Despite Continuous Employment

Case title: Shishuvihar Shaishanik Sanstha & anr. vs. State of Maharashtra & ors.

Citation: 2024 LiveLaw (Bom) 566

A Division Bench comprising Justice Mangesh S. Patil and Justice Shailesh P. Brahme partially allowed a writ petition challenging an Education Officer's order regarding salary arrears, ruling that despite continuous employment, claims for salary arrears must be restricted to three years preceding the filing of the petition.

Principal Employer Can't Escape Liability Under EC Act By Claiming Workers Were Through Contractor: Bombay HC

Case title: Air India Charters Ltd vs. Tanja Glusica & ors.

Citation: 2024 LiveLaw (Bom) 567

A Single Judge Bench of Justice Sharmila U. Deshmukh dismissed Air India Charters Ltd.'s appeal against compensation awarded to a deceased pilot's dependents. The Court held that under Section 12 of the Employees' Compensation Act, 1923, the principal employer bears primary liability for compensation even when workers are engaged through contractors.

Termination Without Section 25F Notice; Monetary Compensation Adequate When Employee Found In Similar Employment: Bombay HC

Case title: Sharad vs. The Chief General Manager, Telecom (R.E.) Project & anr.

Citation: 2024 LiveLaw (Bom) 568

A Single Judge Bench of Justice Anil L. Pansare upheld the Labour Court's decision to award monetary compensation instead of reinstatement to a casual laborer whose services were terminated without following due process. The court emphasized that while termination without following Section 25F of the Industrial Disputes Act, 1947 is illegal, reinstatement is not an automatic remedy, especially when the employee has found similar employment elsewhere.

Industrial Court Lacks Jurisdiction In Absence Of Clear Employer-Employee Relationship: Bombay HC

Case title: M/s. Tata Steel Ltd vs. Maharashtra Shramjivi General Kamgar Union & anr.

Citation: 2024 LiveLaw (Bom) 569

A single Judge bench of Justice Sandeep V. Marne allowed Tata Steel's writ petition. It held that the Industrial Court lacked jurisdiction to decide the employment status of canteen workers, as the nature of the employer-employee relationship was itself disputed. The court ruled that under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices (MRTU & PULP) Act, 1971, the Industrial Court can only hear cases where an undisputed employment relationship exists.

Indefinite Probation Extension Beyond Regulatory Limits Invalid; Bombay HC Reinforces Procedural Safeguards

Case title: Suruchi Rajendra Gurjar vs. Board of Trustees of the Mumbai Port Authority & anr.

Citation: 2024 LiveLaw (Bom) 570

A Division Bench comprising Justice Ravindra V. Ghuge and Justice M.M. Sathaye ruled that Mumbai Port Authority's (MbPA) termination of a Chief Law Officer's probation based on an internal inquiry report without due process was stigmatic and unjustified. The Court found that the indefinite extension of probation violated the Mumbai Port Trust Employees Regulations, 2010, which caps probation at three years.

S.498-A IPC | Matrimonial Dispute Is Not Moral Turpitude; Cannot Be Used To Block Spouses' Right To Education: Bombay High Court

Case Title: Doctor vs State of Maharashtra 

Citation: 2024 LiveLaw (Bom) 571

In a significant order, the Bombay High Court bench at Aurangabad recently held that a matrimonial dispute or case is a 'personal dispute' which cannot be termed to be an offence related to 'moral turpitude' to impact either of the spouses right to pursue further education in their lives.

A division bench of Justices Vibha Kankanwadi and Santosh Chapalgaonkar permitted a husband to pursue his All India Ayush Post Graduate Entrance Test (AIAPGET) - 2024, a course for which he was held 'ineligible' on the ground that he has been booked in a section 498-A case along with charges under the stringent Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

UGC Ph.D. Requirement For Promotions In Maharashtra Colleges Can't Be Applied Retrospectively: Bombay High Court

Case title: Vijayamala Tanaji Ghuge & Ors. v. The State of Maharashtra & Ors.

Citation: 2024 LiveLaw (Bom) 572

A division bench of Justices Mangesh S. Patil and Shailesh P. Brahme ruled that the University Grants Commission (UGC) Ph.D. requirement for promotion to Associate Professor, introduced in 2018, applies prospectively and does not impact faculty who qualified under earlier regulations. The State of Maharashtra was directed to review the petitioners' promotion applications based on 2016 regulations.

Unless Recipient Chooses To Forward Message On WhatsApp, They Cannot Be Held Liable For Defamation: Bombay High Court

Case Title: Ashwinkumar Sanap vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 573

A WhatsApp message is encrypted end to end and it can only be read by the person, who received it unless the recipient chooses to forward the message, thus in such a situation a sender cannot be booked for defaming a person in society, the Bombay High Court held recently.

A division bench of Justices Vibha Kankanwadi and Santosh Chapalgaonkar quashed an FIR lodged against a man for allegedly defaming his in-laws by sending a 'defamatory' post on a WhatsApp message to one of the relatives of the complainant.

'Mandate Of Day-To-Day Trial U/S 309 CrPC Is Thrown To The Wind': Bombay High Court Flags 'Unhealthy Practice' Of Trial Courts

Case Title: Puranlal Dhurve vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 574

The Bombay High Court while ordering a 'retrial' in a rape case, noted the 'alarming state of affairs' of most criminal trials, wherein the courts have failed to conduct a 'day-to-day' trial and therefore, issued guidelines for the lower courts to strictly adhere to section 309 of the Criminal Procedure Code (CrPC) and section 346 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Single-judge Justice Govind Sanap noted various lapses on the part of the trial judge and also the prosecution that prejudiced the case of the victim and also the accused. The judge was disturbed to note that only 10 witnesses were examined in 2 years and 4 months by three separate trial judges.

Bombay High Court Calls For Strict Action Against Developers Constructing Illegal Buildings; Denies Anticipatory Bail To Developer

Case Title: Mayur Ravindra Bhagat vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 575

Calling for a 'stringent action' against developers proceeding with construction projects without mandatory approvals, which leads to frauds, the Bombay High Court recently denied anticipatory bail to a developer booked for usurping a man's ancestral property and constructing an illegal building over it and further selling flats to individual purchasers by forging mandatory permissions.

Single-judge Justice Rajesh Laddha said in such cases, custodial interrogation is crucial as even some civic officials often connive with such fraud developers to commit fraud.

Registration, Renewal And Welfare Schemes For Construction Workers Cannot Be Suspended Citing Election Code: Bombay High Court

Case Title: Maharashtra Rajya Bandhkam Kamgar Sanyukt Kriti Samiti vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 576

The Bombay High Court on Thursday (November 7) while quashing the order of the Maharashtra Building and Other Construction Workers' Welfare Board (MBOCWWB), by which it stopped the fresh registration, renewal of registrations, distribution of benefits such as protective gears, essential gears, household utility sets, grant of fresh approvals under the housing scheme and publicity work of the Board, citing the enforcement of the Model Code of Conduct (MCC) in view of the upcoming Maharashtra Legislative Assembly elections.

A division bench of Justices Arif Doctor and Somsekhar Sundaresan ordered the MBOCWWB to forthwith start the operations of the various schemes under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.

Long-Term Contract Employment Cannot Override Regular Recruitment Process; Bombay HC

Case Name: Rakesh Lal Meena and Others v. Union of India through the Secretary, Ministry of Home Affairs and Others

Citation: 2024 LiveLaw (Bom) 577

A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar directed the regularization of staff nurses employed on contract basis in the Union Territory of Daman and Diu. The court overturned the Central Administrative Tribunal's dismissal, ruling that the nurses, who were recruited through proper selection processes in accordance with the 1967 Service Rules, were entitled to regular appointment status despite being initially hired on contract.

Not Allowing Daughter-In-Law To Watch TV, Meet Neighbours, Go To Temple Alone & Making Her Sleep On Carpet Is Not Cruelty: Bombay High Court

Case title: X v/s State of Maharashtra

Citation: 2024 LiveLaw (Bom) 578

Quashing a 20-year-old order convicting a man and his family for cruelty towards his deceased wife, the Aurangabad bench of the Bombay High Court said that the allegations of taunting the deceased, not allowing her to watch TV, not allowing her to go alone to the temple and making her sleep on a carpet would not constitute the offence of cruelty under IPC Section 498A, as none of these actions were “severe.”

A single judge bench of Justice Abhay S Waghwase observed that the nature of allegations would not constitute physical and mental cruelty as the allegations pertained to the domestic affairs of the house of accused. 

Girl Booking Hotel Room, Entering It With Boy Does Not Mean She Consented To Sex: Bombay High Court

Case Details: State through Canacona Police Station vs Gulsher Ahmed

Citation: 2024 LiveLaw (Bom) 579

In a significant ruling, the Bombay High Court at Goa held that even if a girl books a hotel room along with a man and goes inside the room, it would not mean that she has consented to sexual intercourse.

Single-judge Justice Bharat Deshpande quashed an order passed by a Trial Court in Margao on March 3, 2021, discharging a man from rape charge. The Trial Court in its order, opined that since the girl was instrumental in booking the room in the hotel, she 'consented' to the sexual activity that took place inside the room and thus a rape charge cannot be slapped against Gulsher Ahmed.

Bombay High Court Grants Bail To Jet Airways Founder Naresh Goyal On Medical Grounds

Case Title: Naresh Goyal v. ED

Citation: 2024 LiveLaw (Bom) 580

The Bombay High Court has made Jet Airways founder Naresh Goyal's interim bail absolute in relation to a money laundering case.

A single-judge bench of Justice Nijamoodin Jamadar, who had earlier granted interim bail to Goyal made it absolute.

RTI | Disclosure Of Marks Obtained By Candidates In Public Recruitment Process Is Not Invasion Of Privacy: Bombay High Court

Case Title: Onkar Kalmankar vs Public Information Officer

Citation: 2024 LiveLaw (Bom) 581

In a significant ruling, the Bombay High Court on Monday held that the disclosure of marks obtained by candidates in a public recruitment process would not invade the privacy of the candidates and that such disclosure is permissible under the Right To Information (RTI) Act, 2005.

A division bench of Justices Mahesh Sonak and Jitendra Jain quashed the orders passed by a Public Information Officer (PIO) and the subsequent ones passed by the First and Second Appellate Authorities, which denied disclosure of information related to the marks obtained by the candidates in a public recruitment process, stating that the same would invade their right to privacy.

[Maharashtra Elections] Court Can Interfere In Electoral Process Only To Progress And Further It: HC Denies Relief To Candidate Over Rejected Nomination

Case Title: Ashish Kishor Gadkari vs Election Commission of India

Citation: 2024 LiveLaw (Bom) 582

The Bombay High Court last week held that the High Courts do have 'jurisdiction' and 'power' to interfere in the electoral process but the same must be exercised only to further the process or progress of the elections.

A division bench of Justices Arif Doctor and Somasekhar Sundaresan, which was presiding over a vacation court on November 6, refused to grant any relief to one Ashish Gadkari, an independent candidate, whose nomination form was rejected by the Returning Officer of the Chembur Constituency in Mumbai, citing procedural lapses.

Party Can Waive Arbitrator's Ineligibility U/S 12(5) Of Arbitration Act By Express Agreement In Writing: Bombay High Court

Case Title: M/S. Truly Pest Solution Private Limited Vs. Principal Chief Mechanical Engineering

Citation: 2024 LiveLaw (Bom) 583

The Bombay High Court bench of Justice Rajesh S. Patil affirmed that once an ineligibility to act as Arbitrator is waived by an express agreement in writing under proviso to section 12(5) of the Arbitration Act, waiving party is prohibited from claiming ineligibility of the Arbitrator for the first time under section 34 of the Arbitration Act. In this case, the petitioner had waived the ineligibility of the arbitrator by sending a signed letter.

Daughter Has No Inheritance Right In Father's Properties If He Died Before 1956, Leaving Behind Daughter & Her Mother: Bombay High Court

Case Title: Radhabai Shirke vs Keshav Jadhav

Citation: 2024 LiveLaw (Bom) 584

In a significant ruling, the Bombay High Court on Tuesday (November 12) held that a daughter will not have any limited or absolute right of inheritance in the properties of her father, if he has died prior to the enforcement of the Hindu Succession Act, 1956.

A division bench of Justices Atul Chandurkar and Jitendra Jain answered a reference - Whether a daughter could acquire any right, either limited or absolute, by inheritance prior to coming into force of the Hindu Succession Act, 1956 in the property of her deceased father, who died prior to 1956, leaving behind him in addition to such daughter, his widow as well? - made by a single-judge, way back on February 28, 2007.

High Court As Court Of Record Can Recall Or Review Orders Passed U/S 11 Of Arbitration Act: Bombay High Court

Case Title: Shailesh Ranka and others Vs. Windsor Machines Limited and another

Citation: 2024 LiveLaw (Bom) 585

The Bombay High Court bench of Justice Manish Pitale has held that the moment it becomes clear that the power under Section 11(6) of the Arbitration Act is being exercised by the “High Court” and not by an authority in the form of the “Chief Justice or any person or institution designated by him”, there can be no confusion about the fact that as a constitutional court and court of record, this Court can exercise power of review even in the context of order passed under Section 11 of the Arbitration Act.

Single Transaction Of Assignment Of Debt Not 'Commercial Dispute': Bombay HC Imposes Cost Of ₹5 Lakh On Plea For Return Of Plaint In Summary Suit

Case Title: Varanium Cloud Limited And Anr. vs. Rolta Private Limited And Anr.

Citation: 2024 LiveLaw (Bom) 586

The Bombay High Court has observed that a dispute arising out of a singular transaction of assignment of debt cannot be considered a 'commercial dispute' under Section 2(1)(c) of the Commercial Courts Act, 2015.

A single judge Justice Abhay Ahuja was considering Varanium Cloud Ltd's) interim application for return of plaint on the ground that the suit was incorrectly instituted by Rolta Private Ltd as an Ordinary Summary Suit.

Refund Rejection Order Passed Without Hearing Opportunity Violates Rule 92(3) Of CGST Rules, Principles Of Natural Justice: Bombay High Court

Case Title: Credit Agricole CIB Services Private Limited v. Union of India & Ors

Citation: 2024 LiveLaw (Bom) 587

The Bombay High Court stated that refund rejection order passed without hearing opportunity violates rule 92(3) of CGST Rules, 2017 and principles of natural justice.

The Bench of Justices M. S. Sonak and Jitendra Jain observed that “……in any event, proviso to Rule 92(3) of the CGST Rules, 2017, contemplates reasonable opportunity to be heard, implying that such hearing should be after the assessee files the reply within the time prescribed in the show cause notice.”

No Judge Will Decide Cases Based On A Film: Bombay HC On Plea Apprehending "Match Fixing" Movie May Affect Malegaon Blast Case Verdict

Case title: Lt. Col. Prasad Shrikant Purohit vs. NIA & ors.

Citation: 2024 LiveLaw (Bom) 588

The Bombay High Court while clearing the decks for the release of the controversial film 'Match Fixing: The Nation is At Stake', said no judge in India would ever decide a trial on the basis of a movie's plot.

A division bench of Justices Burgess Colabawalla and Somasekhar Sundaresan pulled up one of the petitioners, Lieutenant Colonel (Lt. Col.) Prasad Purohit, for objecting to the movie's release on the grounds that the same may affect the trial concerning the 2008 Malegaon blast and its outcome.

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court

Case title: S v. State of Maharashtra

Citation: 2024 (LiveLaw) Bom 589

In a significant ruling, the Bombay High Court bench at Nagpur recently held that a man even if indulging in consensual sexual intercourse with his wife, who is below the age of 18 years, can be booked for the offence of rape, irrespective of the wife's consent.

Single-judge Justice Govind Sanap while upholding the conviction of a man for raping his minor wife, rejected his argument that the sexual intercourse with the victim was consensual and cannot amount to rape since she was his wife, at the relevant time.

Bombay High Court Objects To Trial Court Quoting 'Mahabharata' To Hand Over Death Sentence To Parents, Son; Commutes Penalty To Life Term

Case Title: State of Maharashtra vs Haribhau Telgote

Citation: 2024 (LiveLaw) Bom 590

The Bombay High Court at Nagpur on Wednesday (November 13) while commuting the death sentence of two men and a woman to life term, objected to the reasoning of the Trial Court, especially for quoting Mahabharata verses.

A division bench of Justices Vinay Joshi and Abhay Mantri took exception to various reasons provided by a Trial Court in Akot City of Akola District, wherein the Trial Judge referred to Mahabharata, highlighted the statistics of murders in past 10 years, one of the convicts being a 'teacher' thus bringing disrepute to the noble profession, etc.

Retention Allowance Forms Part Of Basic Wages For EPF Contributions: Bombay HC

Case Name: Maharashtra State Cooperative Cotton Growers' Marketing Federation Ltd. v. Appellate Tribunal, Employees Provident Fund

Citation: 2024 (LiveLaw) Bom 591

A Single Judge Bench of Justice Anil L. Pansare held that retention allowances paid to seasonal workers must be included in basic wages for PF contributions under the EPF Act, 1952. The court dismissed Maharashtra State Cooperative Cotton Growers' Marketing Federation Ltd.'s petition challenging provident fund contribution demands on retention allowances paid from 1991-92 to 2008.

Bombay High Court Grants Bail To Man Booked For Impregnating 14-Yr-Old Fiancé, Says Their Marriage Was Fixed With 'Good Intent'

Case Title: Satish Kakade vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 592

Observing that 'poverty is the biggest issue in India, the Aurangabad bench of the Bombay High Court last month granted bail to a man booked for raping his minor fiancé on the ground that they were to soon marry since their families had decided to get them married.

Single-judge Justice Sanjay Mehare noted that the present case was a 'genuine' one as it touched the 'societal structure' of the country, wherein people due to poverty usually get their daughters married off at a young age.

Bombay High Court Permits Offering Of Flowers At Shirdi Sai Baba Temple, Says They Should Be Purchased From Farmers & Sold At Reasonable Rates

Case Title: Shri Saibaba Sansthan Shirdi vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 593

The Aurangabad bench of the Bombay High Court on Friday (November 14) while permitting the Shri Saibaba Sansthan, Shirdi to resume the practice of offering flowers to Sai Baba in the temple, directed that flowers must be made available for devotees for offering at a reasonable price.

A division bench of Justices Mangesh Patil and Shailesh Brahme made it clear that the Credit Co-operative Society of the Employees of the Sansthan, will purchase the flowers directly from the farmers and no middlemen must be allowed to intervene the transaction.

Exporter Can't Be Denied Interest On Refund U/S 56 Of CGST Act For Period Of Delay Attributable To Revenue Dept: Bombay High Court

Case Title: Anita Agarwal vs. Union of India

Citation: 2024 (LiveLaw) Bom 594

The Bombay High Court recently clarified that an exporter (Petitioner) is entitled to interest u/s 56 of the CGST Act for the period starting from the expiry of 60 days from the date of filing the shipping bill up to the date of grant of refund, although during the interregnum, the exporter's name was red flagged on the Customs' portal.

The Division Bench of Justice M. S. Sonak and Justice Jitendra Jain observed that “Admittedly, the Petitioner has paid the amount of IGST, which the Respondents have utilized up to the date of grant of refund. Having used the money of the Petitioner, there is no justification for denying interest more so when the delay is attributable to the Respondents”

Bombay High Court Dismisses PIL Challenging ECI's Directive Prohibiting Mobile Phones In Polling Booths

Case title: Ujala Shyambihari Yadav vs. The Election Commission Of India

Citation: 2024 (LiveLaw) Bom 595

The Bombay High Court has refused to provide relief in a Public Interest Litigation (PIL) challenging the directions of the Election Commission of India (ECI) that prohibited voters from carrying mobile phones in the polling booths.

A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar observed that Rule 9A of the IT Rules 2017 do not create any right on the petitioner or anyone else to use DigiLockers to verify identity during voting process.

High Court Denies Permission To Political 'Aspirants' To Contest Maharashtra Polls Due To Conviction For Damaging Public Property

Case Title: Mahesh Khedkar vs State of Maharashtra

Citation: 2024 (LiveLaw) Bom 596

The Bombay High Court recently while refusing to suspend the sentence of three 'aspirants' who sought to contest the upcoming Maharashtra Assembly Elections, noted that though they were 'politically ambitious' on becoming public representatives, but they were punished for damaging public property itself.

Sitting at Aurangabad, single-judge Justice Abhay Waghwase refused to permit three persons - Mahesh Khedkar, Anusayabai Khedkar (son and mother) and Datta Kokate to contest the upcoming assembly elections, by suspending the sentence of five years imprisonment, imposed on them by a Sessions Court in Nanded on April 11, 2023.

Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court

Case Title: Apollo Tyres vs. Union of India

Citation: 2024 (LiveLaw) Bom 597

The Bombay High Court recently clarified that writ courts shall not trench upon an alternate remedy provided by statute (Income tax Act) for granting any relief, by assuming jurisdiction under Article 226 of the Constitution.

Similarly, writ courts shall not act as a court of appeal against the decision of the lower court or Tribunals, to correct errors of fact, observed the Division Bench of Justice M. S. Sonak and Justice Jitendra Jain.

Customs Act | Interest U/S 28AA Is Automatic When There Is A Default Or Delay In Payment Of Duty: Bombay High Court

Case Title: B.V. Jewels vs. Union of India

Citation: 2024 LiveLaw (Bom) 598

The Bombay High Court ruled that the demand for interest u/s 28AA of the Customs Act raised for non-payment of demand, within three months of raising the demand, is properly tenable on the part of the Customs Authority.

The Division Bench of Justice M.S Sonak and Justice Jitendra Jain observed that “since the payment was not made within the time specified in the said demand notice, an order of attachment was passed for failure to make the payment demanded on 18^th Oct 2012 and interest payable u/s 28AA for the period commencing after that date, i.e. after 18th Oct 2012 was demanded”. 

Taxpayers Can't Seek Writ Remedy By Bypassing Statutory Requirements Of Pre-Deposit: Bombay High Court

Case Title: Oberoi Constructions vs. Union of India 

Citation: 2024 LiveLaw (Bom) 599

The Bombay High Court held that circumstances in which the appeals require some percentage of the demanded tax to be pre-deposited, do not render the appellate remedies any less efficacious.

The Division Bench of Justice M S Sonak and Justice Jitendra Jain observed that the practice of instituting petitions bypassing the statutory remedies only to avoid a pre-deposit cannot be encouraged.

Asset Deposited By Corporate Debtor As Security Before CIRP Commencement Continues To Be Asset Of Corporate Debtor: Bombay High Court

Case Title: Siti Networks Ltd. vs. Rajiv Suri

Citation: 2024 LiveLaw (Bom) 600

The Bombay High Court bench of Justices B.P. Colabawalla and Somasekhar Sundaresan has held that monies or any other asset deposited by a corporate debtor in court prior to commencement of CIRP by way of security would continue to be the asset of the corporate debtor.

Young Generation Will Be Destroyed If NDPS Act Is Not Implemented Scrupulously: Bombay High Court

Case Title: Kailas Pawar vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 601

The Bombay High Court recently called for a 'scrupulous' implementation of the provisions of the Narcotics Drugs and Psychotropic Substances Act (NDPS) as its failure may result in the rampant use of drugs, which will not only destroy the edifice of our society but also the younger generation, which is the future of the country.

Sitting at Nagpur, single-judge Justice Govind Sanap while hearing a criminal appeal against conviction of two men under the NDPS for possessing 39 kilograms of Ganja.

Citizens' Complaints Against Police Often Taken Lightly: Bombay HC Grants ₹1 Lakh Compensation To Woman For Husband's Illegal Arrest

Case title: Ratna Vannam vs. State

Citation: 2024 LiveLaw (Bom) 602

Complaints filed by citizens against wrong doings of the police officers are often taken lightly and the citizens are not believed at all, the Bombay High Court recently observed while noting that an order was passed in August 2013, directing the higher-ups of the Maharashtra Police not to resort to preliminary enquiry against police officers, who arrest people named in the nature of cases which do not permit detention or custody of the accused.

The division bench of Justices Bharati Dangre and Manjusha Deshpande noted that in the instant case, the husband of the petitioner - Ratna Vannam, was 'illegally arrested' way back in September 2012 on a non-cognizable (NC) filed by a neighbour alleging illegal construction of the petitioner's house in Mumbai's Sion area. The bench has ordered Rs 1 lakh compensation to the petitioner for her husband's illegal custody.

Link MahaRERA Portal To Website Of Civic Bodies: Bombay High Court Issues Directions To Ensure Transparency, Safeguard Homebuyers

Case title: Sandeep Pandurang Patil vs. State of Maharashtra & ors.

Citation: 2024 LiveLaw (Bom) 603

With a view to safeguard the interest of homebuyers, the Bombay High Court has issued certain guidelines to the State government, Maharashtra Real Estate Regulatory Authority and municipal authorities to ensure transparency and accountability in real estate project registrations.

The guidelines issued by a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar include the integration of the websites of the planning authorities with that of the Maharashtra Real Estate Regulatory Authority (MahaRERA) and the verification of all commencement certificates during project registration.

Appeal Can't Be Dismissed Due To Non-Payment Of Pre-Deposit If Department's Portal Acknowledges Compliance: Bombay High Court

Case Title: Delphi World Money vs. Union of India

Citation: 2024 LiveLaw (Bom) 604

Observing that provisional acknowledgement automatically generated on Department portal shows that the requisite pre-deposit has been made, the Bombay High Court held that the Assessee had duly complied with the necessary pre-deposit required u/s 107(6) of the CGST Act.

The Division Bench of Justice M.S Sonak and Justice Jitendra Jain observed that in a similar matter in Bytedance (India) Technology Pvt Ltd vs. UOI [W.P (L) No.23724 of 2024], it was held by this court that “On the amount of pre-deposit, there is enough evidence annexed to the petition that the sum has been deposited and even the receipt is annexed to the petition. Therefore, to say that there is no pre-deposit in the impugned order is incorrect”.

Bombay HC Nixes Order Granting Company, Which Had Not Denied Its Outstanding Dues, Unconditional Leave To Defend In Summary Suit

Case title: M/s. Mobile Arts S.A.L. vs. M/s. Mauj Mobile Private Ltd.

Citation: 2024 LiveLaw (Bom) 605

In a plea challenging the dismissal of summons to judgment in a commercial summary suit, the Bombay High Court set aside a trial court's order granting a company unconditional leave to defend itself, while noting that the company had not denied the existence of outstanding dues owed for the services rendered by the other party.

In such a case, Justice Milind N Jadhav said, the company should not have been granted any opportunity to defend the suit proceedings by the trial court.

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Case title: Esjaypee Impex vs. Union of India

Citation: 2024 LiveLaw (Bom) 606

The Bombay High Court ruled that when the Revenue Dept. did not allege any malice on the part of Assessee in the context of disposal of the proceedings, then inaction on the part of Adjudicating Authority to dispose of the proceedings cannot be attributed to Assessees.

Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice the petitioners.

Department Can't Deny Grant For Waiver Of Interest U/S 234C Of IT Act Without Disposing Of Issues Flagged By Taxpayer: Bombay High Court

Case Title: Grasim Industries vs. Chief Commissioner of Income Tax

Citation: 2024 LiveLaw (Bom) 607

The Bombay High Court recently clarified that the Chief Commissioner of Income Tax ought to have addressed the issues/justification as flagged by the taxpayer in supporting its case for grant of waiver of interest u/s 234C.

Such approach of Chief Commissioner of Income Tax would show non-application of mind to the material contentions raised by the petitioner/ assessee, said the Division Bench of Justice G.S Kulkarni and Justice Advait M. Sethna.

There Is A 'Built-In' Assurance In Rape Cases That Charge Levelled Is Genuine & Not Fabricated: Bombay High Court

Case Title: Aman Tagade vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 608

The Nagpur bench of the Bombay High Court recently while upholding the conviction of a man for committing rape on a minor girl, said usually neither the girl nor her family would indulge their daughter's name even for settling scores and that in such cases, there is a 'built-in' assurance that the victim is levelling 'genuine' charges.

Single-judge Justice Govind Sanap upheld the conviction of a boy, who at the time of the incident was 17 years and 9 months old but was tried as an adult after the Trial Court was satisfied that he had the mental and physical capacity to commit the crime and even understand the consequences.

Lawyer Cannot Be Booked For Asking On-Duty CBI Officers For Their Identity Cards: Bombay High Court

Case Title: Gobindram Talreja vs State of Maharashtra

Mohd. Ahmed Shafique Khan vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 609

An advocate cannot be booked for 'obstructing' a government servant (CBI Officers) from discharging his duty, just because he asks a team of CBI officers, conducting raid/search operations, to show their Identity Cards (ID), the Bombay High Court held on Thursday (November 21).

Single-judge Justice Milind Jadhav discharged two advocates and a law intern (then), who were booked in 2007 for obstructing CBI officers from conducting search operations at the premises of one of their clients in Mumbai.

Adversely Impacts Economy: Bombay High Court Denies Anticipatory Bail To Man Booked For Stealing 13K Litres Of Petrol

Case Title: Mohd. Ahmed Shafique Khan vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 610

Observing that stealing petroleum-based fuels adversely affects the country's economy, the Bombay High Court recently refused to grant pre-arrest bail to a man, booked for stealing 13,000 litres of petrol worth Rs 13.90 lakhs.

Single-judge Justice Rajesh Laddha noted that the applicant Mohd. Ahmed Shafique Khan, a businessman, was the linchpin of the crime in question.

Worli Hit-n-Run Case: Bombay High Court Dismisses Plea Seeking Declaration That Arrest Was Illegal

Case title: Mihir Shah vs. State

Citation: 2024 LiveLaw (Bom) 611

In a setback for the accused in the infamous Worli Hit-n-Run Case, the Bombay High Court today dismissed the petitions filed by prime accused Mihir Shah and his driver Rajrishi Bindawat, both challenging their arrests on the basis that they weren't served with the "grounds of arrest" in written format, as mandated by the Supreme Court.

A division bench of Justices Bharati Dangre and Manjusha Deshpande dismissed the pleas.

Bombay High Court Takes Cognizance Of Civic Officer, Advocate Abusing And Assaulting Court Peon, However Accepts Their "Unconditional Apologies"

Case title: High Court of Judicature at Bombay on its Own Motion vs. Mayur Gulabrao Patil & anr.

Citation: 2024 LiveLaw (Bom) 612

The Bombay High Court recently took suo motu cognizance of an "unfortunate incident" which took place in the Court premises, wherein an advocate and an official of the Nashik Municipal Corporation (NMC) abused a court peon in a filthy language after they were asked to maintain silence.

A division bench of Justices Ajay Gadkari and Kamal Khata was disturbed to take note of the incident and therefore, asked its peon Atul Tayade to lodge a criminal case against advocate Dinesh Kadam and NMC's Deputy Municipal Commissioner Mayur Patil, for abusing him and threatening to get him removed from his job.

Initiating Proceedings For Recovery Of Duty Under Customs Act After 'Inordinate Delay' Of 26 Yrs Is Unreasonable: Bombay High Court

Case title: Mahindra and Mahindra Ltd. vs. Union of India & ors. 

Citation: 2024 LiveLaw (Bom) 613

While quashing a notice issued under the Customs Act, the Bombay High Court noted that the proceedings were initiated for recovery of duty foregone after a delay of 26 years, adding that such a prolonged delay in initiating the proceedings cannot be considered 'reasonable'.

In doing so a division bench of Justice M. S. Sonak and Justice Jitendra Jain said that even on a reading of the Act, a reasonable period would certainly not be 26 years even in a case where a bond has been executed. The court further said that "not even an attempt" was made by the custom authorities to "explain this inordinate delay"

Court Cannot Go Into Merits While Enforcing Foreign Award U/S 48 Of Arbitration Act: Bombay High Court

Case Title: Neilan International Co Ltd vs Powerica Ltd

Citation: 2024 LiveLaw (Bom) 614

The Bombay High Court bench of Justice Arif S Doctor has held that jurisdiction of enforcement court under section 48 of the Arbitration is very limited and while enforcing the award the court cannot go into the merits of the case.

Delivering Child In Jail Will Certainly Impact Both Mother And Child: Bombay High Court Grants Bail To Pregnant Prisoner

Case Title: SS vs State of Maharashtra 

Citation: 2024 LiveLaw (Bom) 615

The Nagpur bench of the Bombay High Court on Wednesday (November 27) granted six months bail to a pregnant prisoner for her delivery, observing that delivering the child in the jail atmosphere would certainly impact not only the mother but also the child.

Single-judge Justice Urmila Joshi-Phalke granted bail to a woman booked under the stringent Narcotics Drugs and Psychotropic Substances (NDPS) Act.

S.9 Application Not Appropriate For Relief Against Non-Signatory When There Is No Dispute Between Parties To Be Referred To Arbitration: Bombay HC

Case Title: Gulshan Townplanners LLP v. Gulshan Co-operative Housing Society Limited & Anr.

Citation: 2024 LiveLaw (Bom) 616

The Bombay High Court bench of Justice Arif S. Doctor has held that Section 9 of the A&C Act is not the correct mechanism to obtain relief against an entity when the privity of contract is absent between.

Bombay High Court Fines Licensee Rs 5 Lakh For 'Harassing Landowners' Regarding Compensation For Land Acquired For Kohlapur Airport

Case title: G.B. Industries Reg. Partnership Firm vs. Minakshi Balasao Magdum And Ors.

Citation: 2024 LiveLaw (Bom) 617

The Bombay High Court has imposed a cost of Rs. 5 lakh on a litigant for claiming untenable tenancy rights in a land, despite being a mere licensee.

In doing so the court found litigant's plea to be abuse of the process of law, intended to harass the landowners. A division bench of Justice G. S. Kulkarni and Justice Advait M. Sethnasaid that the petitioner, without having a semblance of a right pertaining to the ownership of land of three respondents, which was acquired for Kohlapur airport had not "left a single stone unturned to create obstacles" so that the three respondents are harassed and deprived of the compensation amount.

After Execution Of Sale Deed, Arbitration Clause Mentioned In Agreement For Sale Becomes Ineffective: Bombay High Court

Case Title: Bks Galaxy Realtors LLP v. Sharp Properties

Citation: 2024 LiveLaw (Bom) 618

The 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 Court

Case Title: Aditya Birla Finance Limited Versus Paul Packaging Private Limited

Citation: 2024 LiveLaw (Bom) 619

The 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 Remission

Case Title: Pradipsingh Thakur vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 620

Strangulating 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 HC

Case Title: Deepak Manaklal Katariay V/s. Ahsok Motilal Katariya and Ors.

Citation: 2024 LiveLaw (Bom) 621

The 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 Manufacturer

Case title: Sunfresh Agro Industries Pvt. Ltd vs. State of Maharashtra & anr.

Citation: 2024 LiveLaw (Bom) 622

While 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 Maharashtra

Case title: Anna Mathew vs. State of Maharashtra & Ors.

Citation: 2024 LiveLaw (Bom) 623

The 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 Somasekhar Sundaresan underscored that such a condition helps in filtering of strong credentials and merit for an outside MBBS graduate to be let into State Quota in Maharashtra.

Delisting Regulations Of SEBI Not Applicable To Delisting Of Equity Shares Under Resolution Plan: Bombay High Court

Case Title: Harsh Mehta Versus Securities and Exchange Board of India and Ors.

Citation: 2024 LiveLaw (Bom) 624

The Bombay High Court bench of Justices M.S.Sonak and Jitendra Jain has held that Delisting Regulations framed by the SEBI would not be applicable to the delisting of shares of the company in pursuance of the approval of a Resolution Plan under section 31 of the code.

'Sophisticated Form Of Extortion': Bombay High Court Slaps Rs 5 Lakh Costs On 'Unscrupulous' Tenant For Frivolous Petition

Case Title: Khimjibhai Patadia vs Municipal Corporation of Greater Mumbai

Citation: 2024 LiveLaw (Bom) 625

The Bombay High Court while slapping a fine of Rs 5 lakh on a tenant for 'obstructing' redevelopment of a nearly 83-year-old building, observed that often such petitions by tenants amount to 'sophisticated form of extortion' and thus such 'obstructionist' behaviour of the tenants must be deterred.

A division bench of Justices Ajay Gadkari and Kamal Khata noted that filing petitions in the court is the 'quickest and cheapest' method, often resorted to by the tenants to stall redevelopment of old and dilapidated buildings.

Duty Bound To Implement Court Orders: Bombay HC Imposes 25K Cost Over Police's Failure In Returning Passport Despite Court Order

Case Title: Jayanth Kumar vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 626

The Bombay High Court on Monday while pulling up the Mumbai Police for not returning the passport of a man, despite a clear order by a Sessions court, said the Police is duty bound to implement an order passed by any court.

A division bench of Justices Revati Mohite-Dere and Shivkumar Dige also imposed costs of Rs 25,000 on the State for the failure of the officers at Mumbai's plush Cuffe Parade Police Station, to return the passport of one Jayanth Kumar.

Unified Development Control & Promotional Regulations Must Be Read In Consistence With Maharashtra Regional Town Planning Act: High Court

Case title: Raj Realtors vs. State of Maharashtra & ors.

Citation: 2024 LiveLaw (Bom) 627

In a case relating to the denial of Occupation Certificate (OC) to a developer, the Bombay High Court has observed that the restrictions on land use and development commences when the Draft Regional Plan (DRP) under the Maharashtra Regional Town Planning Act, 1966 (MRTP Act) is published.

In doing so, a division bench of Justice B. P. Colabawalla and Justice Somasekhar Sundaresan stated that the any permission granted under the MRTP Act before coming into effect of the Unified Development Control and Promotional Regulations (UDCPR) would be valid, as the UDCPR has to be read in a manner that is consistent with the MRTP Act.

Mira Road Communal Riots: Bombay High Court Grants Bail To 14 Muslim Men, Booked For Rioting, Injuring Hindu Family

Case Title: Abdul Samad Akbar Shaikh vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 628

The Bombay High Court on Monday granted bail to 14 Muslim men accused of rioting and injuring a Hindu family as it celebrated the consecration of the Ayodhya Lord Ram Temple in Mira Road, on January 21, this year.

Single-judge Justice Nijamoodin Jamadar noted that the accused were in custody since January and the fact that given the huge number of witnesses and accused, the trial is unlikely to be concluded within a reasonable time.

"Cannot Force Citizens To Run From Pillar To Post": Bombay HC Slaps ₹1 Lakh Cost On Insurance Company For Circumventing Ombudsman's Order

Case Title: Bharat Dedhia vs Union of India

Citation: 2024 LiveLaw (Bom) 629

The Bombay High Court on Monday, while slapping exemplary costs of Rs 1 lakh on an insurance company, ordered the Insurance Regulatory and Development Authority (IRDA) and the Ministry of Finance to consider coming up with a mechanism to keep a check on insurance companies as to whether they are complying with the orders of the Insurance Ombudsman.

A division bench of Justices Mahesh Sonak and Jitendra jain was irked to note that despite a clear order of the Ombudsman passed on May 3, 2021 directing the insurance company - Oriental Insurance Company Limited, to pay Rs 27.13 lakhs to one Bharat Dedham (68), the company did not pay the same, citing some or the other reason.

Bombay High Court Slaps ₹25K Costs On School Clerk For Attempting To 'Hoodwink' Judiciary

Case Title: Vijay Fasale vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 630

The Bombay High Court recently imposed costs of Rs 25,000 on a clerk working in an educational institution, for attempting to 'hoodwink' the judiciary.

A division bench of Justices Ravindra Ghuge and Ashwin Bhobe deprecated the practice of litigants filing "chance" petitions.

Bombay High Court Enhances Compensation To Wadia Trust For Land Acquired For Mumbai Airport, Cites Amendment To Section 25 Of 1894 Law

Case title: A.H. Wadia Charity Trust & Ors. vs. Airport Authority of India

Citation: 2024 LiveLaw (Bom) 631

While considering land acquisition references, the Bombay High Court has observed that if an award is passed under the Land Acquisition Act, 1894 after amendment to Section 25, the court is empowered to grant compensation at a higher amount than that awarded by the Collector as per the amended provision.

Prior to the amendment, Section 25 stipulated that the Court could not grant compensation higher than what was claimed by claimants before the Collector in the inquiry under Section 9 of the Act.

In-Laws Keeping Young Child Away From Mother In Defiance Of Court Order Is Cruelty U/S 498A IPC: Bombay High Court

Case Title: Rekha Waghmare vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 632

In a significant ruling, the Aurangabad bench of the Bombay High Court on Wednesday held that keeping a minor child away from the mother in defiance of a court order would amount to mental harassment and cruelty.

A division bench of Justices Vibha Kankanwadi and Rohit Joshi refused to quash an FIR against the in-laws of a woman, after noting that her husband, the main accused, had been absconding. The bench noted that the husband had taken along with him, his four year old daughter, despite a clear order from a Family Court to hand over the child's custody to the complainant mother.

Authority Processing Duty Credit Scrip Applications Is 'Adjudicating Authority' For Appeal Under Foreign Trade Act: Bombay High Court

Case title: Ashwini Ashish Dighe vs. Union of India & ors.

Citation: 2024 LiveLaw (Bom) 633

In a case under the Foreign Trade (Development and Regulation) Act, 1992, the Bombay High Court held that the authority processing applications for duty credit scrip entitlement must be considered an 'adjudicating authority', whose decisions are subject to appeal, for the limited purpose of Section 15 read with Section 9 of the Act.

A division bench of Justice M. S. Sonak and Justice Jitendra Jain was of the view that the authority processing the application for issuance of MEIS scrip under Section 9 would have to treated as an adjudicating authority for the limited purpose of Section 15 read with Section 9.

Advocate Casting Aspersions On Woman's Character Upon Instructions From Client Is Discharging His Duty, Not Insulting Her Modesty: Bombay HC

Case Title: Ratnadeep Ram Patil vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 634

The Bombay High Court recently held that an advocate, when casts aspersions upon a woman's character, on instructions from his client, is basically discharging his duty and thus cannot be booked for insulting the modesty of the woman punishable under section 79 of the Bharatiya Nyaya Sanhita (BNS) 2023.

A division bench of Justices Bharati Dangre and Manjusha Deshpande delivered the ruling while quashing a First Information Report (FIR) lodged against one Ratnadeep Ram Patil, who was booked for insulting a woman by making personal allegations against her.

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court

Case Title: Shri Guru Gobind Singhji Institute of Engineering and Technology Versus M/s. Kay Vee Enterprises

Citation: 2024 LiveLaw (Bom) 635

The Bombay High Court bench of Justices Shailesh P. Brahme and S.G. Mehare has held that the jurisdiction of the High Court under Article 226/227 of the Constitution is not excluded from examining the validity of the interlocutory orders passed by the Arbitrator.

Bombay HC Slaps ₹50K Cost On Litigant For Making 'Unsubstantiated' Allegations Of Scam By Maharashtra Govt In Awarding Contract To Adani Power

Case title: Shriraj Nageshwar Aepurwar vs. State of Maharashtra

Citation: 2024 LiveLaw (Bom) 636

The Bombay High Court has imposed a cost of Rs. 50,000 on a writ petitioner alleging that a contract awarded by the Maharashtra government to Adani Power for supplying electricity was a "scam" and that the former Chief Minister was involved in corrupt practices while awarding the contract.

Not finding any merits in the petitioner's arguments, a division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar said "In our opinion, filing of such a petition/public interest litigation containing unsubstantiated and unsupported reckless averments runs the risk of some times even the good cause being lost."

No Mother Would Help Her Son Commit Rape By Spiking Victim's Drink: Bombay High Court Quashes Case

Case Title: ABC vs Maharashtra

Citation: 2024 LiveLaw (Bom) 637

In a significant ruling, the Bombay High Court at Aurangabad, recently held that a mother will never help her son to rape a woman by herself spiking the victim's drink.

A division bench of Justices Vibha Kankanwadi and Rohit Joshi quashed the First Information Report (FIR) lodged against a man and his mother, both booked for raping a woman and impregnating her. 

Beat Marshalls, Designated Constables Deployed For Safety Of Female Students At College Located Near Slum: Police To Bombay High Court

Case title: Gujarati Kelavani Mandal & Anr. vs. The General Manager, Central Railway & Ors.

Citation: 2024 LiveLaw (Bom) 638

Disposing of a petition seeking safety measures from police authorities for female students attending college located near a slum, the Bombay High Court directed the police take all appropriate steps and measures to ensure the safety of the students adding that any laxity on their part maybe viewed seriously by the court.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar passed the order after noting the police's affidavit stating the steps taken by it including deployment of beat marshals, mobile vans for survelliance as well designated beat marshals for the college.

Sleeping On Duty Is Misconduct; Employee's Past Service Record Relevant In Deciding Quantum Of Punishment: Bombay HC

Case Title: M/s. Asahi India Glass Ltd. vs.Nadeem A. A. Dolare

Citation: 2024 LiveLaw (Bom) 639

A single-judge bench of Justice Sandeep V. Marne quashed a Labour Court's order directing reinstatement along with back wages to a worker dismissed for sleeping on duty. The High Court observed that while sleeping on duty was indeed a misconduct, the penalty of dismissal was disproportionate.

State's Obligation To Realize Excise Duty Illegally Collected By Wine Manufacturers: Bombay High Court Disposes PIL On Non-Realization Of Dues

Case title: Jaiprakash Bawiskar The State of Maharashtra & Anr

Citation: 2024 LiveLaw (Bom) 640

The Bombay High Court has disposed of a Public Interest Litigation (PIL) that sought to direct the State authorities to take appropriate measures for the recovery of excise duty and interest said to have been illegally collected by the wine manufacturers.

Part-Time Service Recognized For Pension Benefits Under Old Scheme: Bombay HC

Case Title: Rajendra Vishwanath Moon v. The State of Maharashtra

Citation: 2024 LiveLaw (Bom) 641

A division bench of Justices Nitin W. Sambre and Vrushali V. Joshi held that part-time teaching service should count towards pension benefits under the Maharashtra Civil Services (Pension) Rules, 1982. It confirmed that the petitioner, who moved from part-time to full-time teaching, was entitled to pensionary benefits starting from his first appointment in 1999.

Special Allowance For Bank Employees On Deputation Cannot Be Excluded From Pay Fixation: Bombay HC

Case title: Adarsh Kumar Jain and Others v. Union of India

Citation: 2024 LiveLaw (Bom) 642

Justices Mangesh S. Patil and Prafulla S. Khubalkar ruled that employees of nationalized banks deputed to Debts Recovery Tribunals (DRTs) are entitled to include “special allowance” for the purpose of fixation. The court quashed part of a 2020 government communication that excluded the allowance from pay fixation. 

Employee's Compensation Act, 1923; To Absolve Liability, Insurer Must Prove Negligence By Employer In Verifying Employee's Driving License: Bombay High Court

Case title: Sunita Balaji Tiwari and Ors. v. Protrans Supply Chain Management Pvt. Ltd. & Anr.

Citation: 2024 LiveLaw (Bom) 643

A single judge bench consisting of Justice Nitin B. Suryawanshi overturned a Labour Court order that dismissed a compensation claim under the Employee's Compensation Act, 1923. The claim was filed by the family of a truck driver who succumbed to an accident at work. The court established that the deceased was indeed employed by the Respondent. 

Bombay HC Shuns Maharashtra Govt's 'Law & Order' Excuse, Paves Way For AIMIM Rally In Pune To Celebrate Tipu Sultan's Birth Anniversary

Case title: Faiyaz Shaikh vs. State

Citation: 2024 LiveLaw (Bom) 644

The Maharashtra government on Tuesday told the Bombay High Court that it has permitted the All India Majlis-e-Ittehadul Muslimeen (AIMIM) to carry out a rally in Pune's Baramati area to commemorate the Constitution Day and also to celebrate the birth anniversaries of Bharat Ratna Maulana Azad and Tipu Sultan on December 24.

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan while accepting the statement, refused to quash a notice issued under section 149 of the Criminal Procedure Code (CrPC), which clearly mandates that the procession should not stop nearby any religious place, particularly temple in this case. The judges, however, pulled up the State Police for always citing 'law and order situation' in such cases.

Bombay HC Imposes ₹1 Lakh Cost On 'Venus Entertainment' For 'Taking Chance' By Filing Writ Plea Avoiding Alternate Remedy

Case title: M/s. Venus Worldwide Entertainment Pvt. Ltd. vs. The State of Maharashtra and ors.

Citation: 2024 LiveLaw (Bom) 645

The Bombay High Court recently imposed a cost of ₹1 lakh on 'Venus Worldwide Entertainment Pvt. Ltd.' for "taking a chance" by filing a writ petition challenging a review order passed under the Maharashtra Value Added Tax Act, 2002, despite having a remedy of appeal under the 2002 Act.

"Love Recognises No Barriers": Bombay High Court Quotes Maya Angelou, Allows Hindu Girl To Live-In With Muslim Boy

Case Title: ABC vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 646

The Bombay High Court recently quoted American civil rights activist Maya Angelou while permitting a Hindu girl to continue her 'live-in relationship' with a Muslim boy, observing that love recognises no barriers.

A division bench of Justices Bharati Dangre and Manjusha Deshpande in an order passed on December 13, ordered the release of the girl noting that she was an adult and had a right to exercise her 'right to choice.'

Bombay High Court Upholds Election Of Shiv Sena Shinde Faction's Ravindra Waikar To Lok Sabha From Mumbai

Case Title: Amol Kirtikar vs Ravindra Waikar 

Citation: 2024 LiveLaw (Bom) 647

The Bombay High Court on Thursday dismissed the election petition filed by Amol Kirtikar, a candidate from Uddhav Thackeray faction, who had challenged the election of Ravindra Waikar, a leader from Eknath Shinde faction, to the 18th Lok Sabha from Mumbai North-West constituency.

Single-judge Justice Sandeep Marne held that Kirtikar failed to establish how the alleged acts on part of the Returning Officer (RO), or Waikar 'materially affected' the outcome of the elections.

Bombay High Court Upholds State Govt's Cancellation Of Earlier Dharavi Redevelopment Tender And Award Of Fresh Tender To Adani Properties

Case title: SecLink Technologies Corporation vs. The State of Maharashtra & Ors. 

Citation: 2024 LiveLaw (Bom) 648

The Bombay High Court today (December 20), upheld the tender awarded to Adani Properties Pvt. Ltd. by the State Government for redevelopment of Dharavi slums.

In doing so, a division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar found that the cancellation of an earlier tender and award of a new tender to Adani Propertied was not arbitrary or irrational.

'Frivolous Petition': Bombay HC Slaps ₹1 Lakh Cost On Lalit Modi For Asking BCCI To Pay ₹10 Crore On His Behalf To ED In FEMA Case

Case Title: Lalit Modi vs BCCI and Others

Citation: 2024 LiveLaw (Bom) 649

The Bombay High Court on Thursday imposed of cost of Rs 1 lakh on former chief of the Indian Premiere League (IPL) Lalit Modi for filing 'misconceived' petition seeking directions to the Board of Control for Cricket in India (BCCI) to pay on his behalf the penalty of Rs 10.65 crores imposed on him by the ED for violating the Foreign Exchange Management Act (FEMA).

A division bench of Justice Mahesh Sonak and Justice Jitendra Jain noted that despite clear orders of the Supreme Court, passed way back in 2005 in Zee Telefilms Ltd. & Anr. Vs. Union of India & Ors that the BCCI does not answer the definition of 'State' within the meaning assigned to this term under Article 12 of the Constitution of India, Modi has filed the instant frivolous petition in 2018, seeking writ orders against the BCCI.

Bombay High Court Allows Mahim Dargah Mela To Continue, Quashes Police Notice To Stop Event Due To Christmas Celebrations

Case title: Zahid Khamisa vs. State of Maharashtra & Anr

Citation: 2024 LiveLaw (Bom) 650

The Bombay High Court on Tuesday (December 24) quashed a notice issued by Mumbai Police to stop the annual Mahim Mela (fun fair)–one of the city's most vibrant events–citing the "overcrowding" on the streets, especially on December 24 and 25, when people will usher in Christmas celebrations.

A vacation bench of Justices Shivkumar Dige and Advait Sethna said that the police, instead of stopping the event can instead provide more police force for keeping a check on overcrowding and traffic jams.

ITO Acted On Complete Change Of Opinion On Same Material With Intent To Review Assessment Order Passed By Him: Bombay HC Quashes Reopening

Case Title: Imperial Consultants and Securities vs. Deputy CIT

Citation: 2024 LiveLaw (Bom) 651

While setting aside the reassessment proceedings, the Bombay High Court held that 'change of opinion' or 'review of already completed assessment', is not permitted to AO.

While holding so, the Division Bench of Justice G.S Kulkarni and Justice Advait M Sethna observed that there is no whisper of allegations against the assessee that income that has escaped assessment was attributable to the assessee for not disclosing fully & truly all material facts necessary for assessment.

S.147 Of IT Act Doesn't Postulate Review Jurisdiction Such That Assessment Can Be Reviewed By AO Intending To Form Different Opinion: Bombay HC

Case Title: Shri Saibaba Sansthan Trust (Shirdi) vs. Union of India

Citation: 2024 LiveLaw (Bom) 652

The Bombay High Court ruled that the materials which were already available before AO and which ultimately were considered in passing assessment order u/s 143(3), cannot form basis of reopening, on ground that such materials were ignored in finalizing assessment.

The Division Bench of Justice G S Kulkarni and Justice Firdosh P Pooniwalla observed that AO cannot assume jurisdiction under garb of re-assessment u/s 147, to reopen assessment merely on basis of change of opinion and/or review assessment order passed against assessee.

Belated Filing Of Form 9A Is Not Attributable To Trust: Bombay HC Allows Exemption U/S 11 After Condoning Delay Under IT Act

Case Title: Nav Chetna Charitable Trust vs, CIT (Exemption)

Citation: 2024 LiveLaw (Bom) 653

The Bombay High Court held that bonafide delay in filing Form 9A on part of trust, has to be construed as procedural lapse and shall be condoned by exercising powers u/s 119(2) of Income tax Act.

The Division Bench of Justice G S Kulkarni and Justice Advait M Sethna observed that that the jurisdictional AO completely lost sight of the fact that at the time when assessee claimed deductions towards depreciation and capital expenditure u/s 11(1) by filing the revised computation, the time limit for submission of Form 9A had lapsed, due to change of procedure.

MOIL Ltd.'s Pension Scheme Struck Down By Bombay HC As Discriminatory; Distinction Between Resignation And Superannuation Declared Arbitrary

Case Title: Chandrabhan Atulkar v. MOIL Ltd.

Citation: 2024 LiveLaw (Bom) 654

A Division Bench of Justices Avinash G. Gharote and Abhay J. Mantri held that Clause 7(b) of the MOIL Group Superannuation Cash Accumulation Scheme is discriminatory and violative of Article 14. This clause restricted employees who resigned from receiving their pension. The court ruled that resignation alone cannot bar pensionary benefits when all other eligibility criteria are met.