Simranjeet, Author at SCC Times

Bombay HC dismisses PIL against imposing double toll fees for non-FASTag vehicles

To incentivize adoption of FASTag from user fee payment, Respondent 1 provided cashback ranging from 10% to 2.5% on toll transactions via FASTag from 2016 till March 2020 i.e., for five years.

Case Briefs High Courts

‘Not an industry carried on by/under Central Government’s authority’; Bombay HC hold State Government as appropriate Government for ARAI

Automotive Research Association of India performed various functions other than certification of vehicles and all its functions are not carried out under the authority of the Central Government.

Cases Reported Never Reported Judgments

NRJ Series | Leave of court can be granted to determine the liability of a person who claimed to be firm’s partner in execution of decree against firm [(1954) 2 SCC 917]

This report covers the Supreme Court’s Never Reported Judgment on execution of decree against firm dating back to the year 1954.

Case Briefs High Courts

‘Will facilitate receipt of legal tender’; Bombay HC directs RBI to accept demonetized bank notes worth Rs 20 lakhs seized before deposit deadline

The Income Tax Department stated that it did not intend to seize the bank notes pursuant to which the police authorities returned the same to the petitioners on 14-1-2017.

Case Briefs High Courts

Bombay HC grants bail to woman accused of inflicting burn injuries on her niece for spending Rs 10 on chocolates

The applicant, on earlier occasions also, had harassed, ill-treated, and beaten up the victim.

Case Briefs High Courts

LLP bound by arbitration proceedings relating to its operations/governance, despite not being signatory to LLP Agreement: Bombay HC

Arguing that the LLP is a “third party” to the LLP Agreement is much like arguing that a company is a third party to its own Articles of Association.

Case Briefs High Courts

‘No concern of his obligation to maintain wife and daughters’; Bombay HC sentences husband to Civil prison for 6 months over contempt of maintenance order

The present case is a gross case wherein for six years, the contemnor in every possible manner avoided complying with the orders of the Court.

Case Briefs High Courts

‘Violates Director Karan Johar’s personality rights’; Bombay HC refuses to allow release of film “Shaadi Ke Director Karan Aur Johar”

“Merely because the Central Board of Film Certification (‘CBFC’) certificate is obtained for the film, the same does not restrict the applicant’s right to take action against the film for violation of his rights.”

Case Briefs High Courts

Bombay HC permits Adani Cementation Ltd. to cut 158 mangroves trees for jetty construction to transport cement

Ensure that any activity though aimed at as a commercial activity, does not deplete the available natural resources and even if it does so, in any minimized way, its loss shall be compensated.

Case Briefs High Courts

Drug/psychotropic addiction is quasi-pandemic; Statutory rules to be followed strictly without deviation: Bombay HC

The National Police Mission, Bureau of Police Research and Development issued communication to Police of all states/Union Territories in respect of Model FIR in registration of cases in narcotics under Section 52 of the NDPS Act and associated documents. The communication was issued as in recent times, several NDPS cases resulted in ‘acquittal’ in the Courts due to procedural irregularities.

Case Briefs High Courts

‘Cannot direct legislature to unbury or re-legislate’; Bombay HC rejects plea to revive Maharashtra Casinos (Control and Tax) Act, 1976

The Maharashtra Casinos (Control and Tax) Act, 1976 Act is “still born” and thus, when the 1976 Act itself is a dead letter, no legal rights can accrue to the petitioner to maintain the present petition.

Case Briefs High Courts

Instigation, or common intention cannot be mere basis to prove cruelty under S.498-A IPC: Bombay HC

The allegations submitted by Respondent 2 cannot amount to cruelty under Section 498-A of Penal Code, 1860 as each person shall act in his own way and the said act independently shall amount to cruelty.

Case Briefs High Courts

Bombay HC stays order directing registration of FIR against former SEBI Chairperson Madhabi Puri Buch and other SEBI, BSE officials

The special court passed the order on the complaint filed by Sapan Shrivastava, a media reporter, seeking investigation into the alleged offences committed by the accused persons, involving large scale financial fraud, regulatory violations, and corruption.

Cases Reported Never Reported Judgments

NRJ Series | When SC held that rights of charge-holder cannot prevail against mortgagees under Section 100 of Transfer of Property Act, 1882 [(1954) 2 SCC 865]

This report covers the Supreme Court’s Never Reported Judgment on Section 100 of the Transfer of Property Act, 1882, dating back to the year 1954.

Case Briefs High Courts

‘Issue involves mixed question of law and fact’; Bombay HC dismisses family’s plea to transfer RBI bonds of a Jain man who took sanyas

The petitioners have other efficacious and appropriate remedy before appropriate forum/Court to adjudicate the disputed claims.

Case Briefs District Court

‘Material contradictions and improvements in victim’s statements’; Delhi Court acquits three accused persons of charges of gang rape

There is no explanation on record as to why the victim did not depose in her examination-in-chief about commission of rape by the accused persons, which is the most important fact and there is no explanation as to how she forgot to mention such a material fact during her examination-in-chief.

Case Briefs High Courts

‘Discontinuation of contract, without reasons, is arbitrary’; Bombay HC quashes MMRDA’s order terminating Consultancy contract for Mumbai Metro Lines

Clause 2.8.1(f) of the General Conditions of Contract, which enables MMRDA to terminate the contract without assigning any reasons, cannot be read to mean that MMRDA has a licence to act unfairly, or arbitrarily.

Case Briefs High Courts

Mere change in tax rate for future AYs, no ground to reopen assessment without fulfilling jurisdictional parameters under S. 148 of Income Tax Act: Bombay HC

The jurisdictional parameter about failure to disclose fully and truly all material facts necessary for assessment are missing and without compliance with the said parameters, the respondents have no jurisdiction to proceed with the reopening of the assessment.

Case Briefs High Courts

‘Victim sensed a bad touch, so her instinct must be believed’; Bombay HC upholds former Army Officer’s sentence under POCSO Act

The victim’s testimony in sexual assault cases is vital and unless there are compelling reasons which necessitates looking for corroboration of her statement, the courts shall find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable.

High Courts

Bombay HC asks State Govt. to consider applicants entering mother’s social status in “Aaple Sarkar” Web Portal for obtaining caste certificate

While dealing with matters such as the present one, the Court must be conscious of the fact regarding the purpose and object of seeking such a caste certificate based on the mother’s social status, since the mother belongs to the reserved category.