Bombay High Court Refuses To Stay Maharashtra Govt Resolution Granting OBC Status To Kunbi-Maratha Communities, Seeks State's Response

The Bombay High Court has declined interim relief in pleas seeking a stay on a September 2 Government Resolution (GR) by the Maharashtra Government by which it decided to confer Kunbi, Maratha-Kunbi and Kunbi-Maratha under the Other Backward Classes (OBC) category. A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, however, ordered the State's Social Justice Department to respond to the batch of petitions challenging the GR.One of the arguments for urgent...

Prior IBC Proceedings Don't Bar Criminal Prosecution Of Directors Under S. 138 Negotiable Instruments Act: Bombay High Court

The High Court of Bombay, Nagpur Bench, comprising Justice M.M. Nerlikar, has held that the prior initiation of IBC proceedings does not bar criminal prosecution of directors under section 138 of the Negotiable Instruments Act. Background of the Case The petitioner extended a short-term loan of Rs. 15 lakhs to the respondent through its directors. A post-dated cheque was issued as...

'Father Stan Swamy Died Natural Death, Was Provided Prompt Medical Treatment': State Tells Bombay High Court

The Bombay High Court was informed on Monday that a mandatory Magisterial Inquiry report on Father Stan Swamy's death was submitted before the Maharashtra State Human Rights Commission (MSHRC) earlier in May which concluded that he had died a 'natural death.'A division bench of Justices Ajay Gadkari and Ranjitsinha Bhonsale was informed by the State that a bench of the MSHRC chairman...

Bombay High Court Issues Fresh Notice In Sameer Wankhede's Plea Against FIR In Liquor Licence Case

The Bombay High Court on Monday issued a fresh notice on a plea filed by controversial IRS officer Sameer Wankhede in 2022 seeking to quash an FIR lodged against him for allegedly falsifying his age to obtain a liquor licence for starting a hotel in Navi Mumbai, when he was a minor.For context, the Kopri Police Station in Thane has booked Wankhede under Sections 181(false statement to...

Bombay High Court Refuses To Grant Interim Relief To OCI Cricketers Seeking To Play Domestic Tournaments

Observing that allowing OCI cardholders to play in domestic cricket tournaments in India would come at the cost of Indian nationals, the Bombay High Court recently declined to grant interim relief to a group of Overseas Citizens of India (OCI) challenging a Board of Control for Cricket in India (BCCI) resolution barring them from participating in such tournamentsA division bench of Justice M...

Pre-Show Cause Notice Consultation Not An Empty Formality, Mandatory When Demand Is Over ₹50 Lakhs: Bombay High Court

The Bombay High Court has held that pre-show cause notice consultation is not an empty formality; mandatory before the show cause notice (SCN) in demands above Rs. 50 lakhs. The question before Justices M.S. Sonak and Advait M. Sethna was whether a pre-consultation notice would be mandatory before issuing show cause notices where the tax demand exceeds Rs. 50 Lakhs. The bench...

Occupant Cannot Create Or Assign Third-Party Rights In Premises Without Permission: Bombay High Court

The Bombay High Court has held that an occupant who is not a recognised tenant has no right, title, or interest to assign or create third-party rights in the premises without proper legal authority. The Court took serious note of the conduct of Auto Credit Corporation and Rekha Prakash Jain, who had attempted to interfere with sealed premises and delay testamentary proceedings, and...

Bombay High Court Seeks SEBI's Response In Plea Challenging WeWork India's Ongoing IPO

A petition has been filed in the Bombay High Court challenging the ongoing Initial Public Offering (IPO) of WeWork India Management Private Limited, the Indian arm of the global co-working space brand. The Petitioner, retail investor Vinay Bansal, has alleged serious lapses in the company's offer documents and accused the Securities and Exchange Board of India (SEBI) of regulatory inaction in...

Proceedings For Conciliation & Arbitration Under MSME Act Cannot Be Clubbed: Bombay High Court

The Bombay High Court has set set aside two ex-parte orders passed by the Micro and Small Enterprises Facilitation Council (MSEFC), Daman holding that the council acted in breach of mandatory two stage procedures under the Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act”). The court remitted the matter for fresh arbitration in accordance with law. A bench led...

'Mere Awareness Of Contract Or Likelihood Of Receiving Incidental Benefits Not Sufficient To Establish Privity': Bombay High Court

The Bombay High Court has held that mere knowledge of a contract or incidental benefits flowing from it cannot create privity of contract or confer enforceable rights against third parties. The Court ruled that in the absence of a direct contractual relationship, no cause of action arises.Justice Kamal Khata was hearing an interim application filed by Amey Realty & Construction LLP...

Mere Registration Of FIR Or Pendency Of Proceedings Before DRT Does Not Bar Reference To Arbitration: Bombay High Court

The Bombay High Court bench of Justice Advait M. Sethna has held that the disputes between Mangal Credit and Fincorp Limited and Ulka Chandrshekhar Nair are arbitrable under the Arbitration and Conciliation Act, 1996 (Arbitration Act) even though allegations of fraud and forgery were raised and a criminal was filed in which no progress has been made. The Court further held...

'Arrest Brings Humiliation, Casts Scars Forever': Bombay High Court Orders Maharashtra Govt To Pay ₹1 Lakh For Illegal Arrest

The Bombay High Court recently imposed a cost of Rs 1 lakh on the Maharashtra government for wrongly invoking offences against a Karnataka-based man and thereafter illegally arresting him and keeping him in custody for nearly 20 days. A division bench of Justices Revati Mohite-Dere and Sandesh Patil noted that two officers - Pradeep Kerkar and Kapil Shirsath, Inspector and Police Sub-Inspector...