Bombay High Court Monthly Digest: December 2023
Live LawNominal Index The Hongkong and Shanghai Banking Corporation v. UoI 2023 LiveLaw 553 Shonali Kedar Dighe v. Ashita Tham and Ors. Juvenile Justice Act 2015 | No Insistence On DOB Certificate From First School Attended To Determine Juvenility Of Accused: Bombay High Court Case Title: Tohid Rehman Shaikh v. State of Maharashtra Citation: 2023 LiveLaw 614 An accused claiming to be a juvenile need not produce a Date of Birth certificate from his 'first' school to determine his age and a certificate from any school he attended can be submitted under the new Juvenile Justice Act 2015, the Bombay High Court held. College Principal's Chamber A Public Place, Uttering Abusive Words To Colleagues Inside It An Obscene Act: Bombay High Court Case Title: Nitin Shivdas Satpute v. State of Maharashtra Citation: 2023 LiveLaw 615 The Bombay High Court's Nagpur bench restored an order passed by a Magistrate Court in Murtizapur, Maharashtra, issuing process against a college principal for offences under Sections 294, 504 and 506 of the IPC. The college Principal's chamber was a 'public place' as contemplated under Section 294 of the IPC, the court said, adding, “The Sessions Court, however, took an erroneous view that the Principal's Chamber is not a public place.” Dispute Can't Be Referred To Arbitration By One Partner Of The Firm In Absence Of The Others: Bombay High Court Case Title: Shailesh Ranka and Ors v. Windsor Machines Ltd. Citation: 2023 LiveLaw 616 The High Court of Bombay held that a dispute related to the business of the firm cannot be referred to arbitration by a partner in absence of other partners. Bombay High Court Orders Inquiry Into Excise Officials Who Illegally Seized Chemical Company's Ethanol, Says Officials Prima Facie Acted At Behest Of Competitors Case Title: K Raj & Company & Anr v. State of Maharashtra & Ors Citation: 2023 LiveLaw 617 The Bombay High Court ordered the Additional Chief Secretary, Maharashtra Excise Department, to conduct an inquiry into excise officials who seized a company's ethanol despite it not being a contraband as per Bombay Prohibition Act.