Bombay High Court
Bombay High Court Grants Bail To Trustees Booked For Providing 'Bogus' Doctors To BMC-Run Hospital
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.According to the complainant,...
All Officers Instructed To Scrupulously Enforce S.193 BNSS, Intimate Investigation Progress To Informant: Maharashtra Police Tells High Court
The Bombay High Court was last month informed that the Maharashtra government has issued a circular instructing all the police officers across the State to 'scrupulously' implement the provisions of the newly enforced Bharatiya Nagarik Suraksha Sanhita (BNSS), which mandate the investigating officer to update the progress of the probe to the complainant, within 90 days of the registration of the First Information Report (FIR).A division bench of Justices Revati Mohite-Dere and Prithviraj...
Bombay High Court Quashes Children's Court Order Discharging Father For Sexual Assault Against Daughter On Ground That Victim Was Not Minor
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. Along...
Bombay HC Issues Non-Bailable Warrant Against Promoter Of IT Company Varanium Cloud For Non-Appearance In Case Over Default In Payment To Creditor
The Bombay High Court has directed the issuance of a non-bailable warrant against Harshwardhan H. Sabale, the promoter of IT company Varanium Cloud Ltd, for breach of its earlier orders, where it had directed Sabale to be present in the Court.On September 12, the court ordered Sabale to be brought before it on September 18. “…in view of the egregiously recalcitrant, grossly disobedient, contumacious and contemptuous conduct of the Respondent and continued audacious breaches not only of the...
Bombay High Court Weekly Round-Up: September 9 - September 15, 2024
Citations: 2024 LiveLaw (Bom) 466 To 2024 LiveLaw (Bom) 477Sete Mares Global Forex Private Limited v. Union of India, 2024 LiveLaw (Bom) 466Mahesh Motiram Kumbhar vs State of Maharashtra, 2024 LiveLaw (Bom) 467Nandkishor Sahu vs Sanjeevani Patil, 2024 LiveLaw (Bom) 468Miss XYZ vs State of Maharashtra, 2024 LiveLaw (Bom) 469Dilkhush Shrigiriwar vs State of Maharashtra, 2024 LiveLaw (Bom) 470Narsingrao Udgirkar vs Shivaji Kalge, 2024 LiveLaw (Bom) 471Rahul Lahase vs State of Maharashtra, 2024...
Officers Appointed To Assess Electricity Theft Are 'Public Servants', Court Can't Issue Process Against Them Without Sanction U/S 197 CrPC: Bombay HC
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.The petitioners nos. 1 to 3 were appointed as junior engineer and linemen respectively at the Maharashtra State...
Dermatologists Move Bombay High Court Seeking Action Against Dentists Performing Aesthetic And Hair Transplant Surgeries
A Public Interest Litigation (PIL) petition has been filed in the Bombay High Court seeking action against the Oral and Maxillofacial Surgeons, who are continuing to perform the Aesthetic and Hair Transplant surgery despite not being 'qualified' for the same.The petitioners - Dynamic Dermatologist and Hair Transplant Association moved a PIL petition challenging the guidelines issued by the Dental Council of India (DCI) on December 6, 2022, permitting the Oral and Maxillofacial Surgeons who are...
Bombay High Court Upholds Life Sentence Of Man Convicted For Sexually Abusing Five Minor Girls
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...
Maharashtra Police Not Serious About Probing Crimes Against Women & Children, Where Should Hapless Victims Go? Bombay High Court Remarks
If police in Maharashtra are going to be insensitive towards women and show their 'lackadaisical' attitude in investigating crimes against women and children, where should the poor, hapless women go? the Bombay High Court orally remarked on Wednesday while criticising the 'shoddy' probes in numerous cases pertaining to crimes against women.A division bench of Justices Ajay Gadkari and Dr Neela Gokhale expressed anguish over the manner in which crimes against women and children were being probed...
Customer In A Bar Encouraging Women To Dance In Obscene Manner Cannot Be Booked U/S 294 IPC: Bombay High Court
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...
Past Tax Claims Against Corporate Debtor Stands Extinguished Consequent To Approval Of Resolution Plan Under IBC: Bombay HC
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....
Bombay HC Quashes Rape Case Against Goa's Popular Musician, Says Victim Was 'Sufficiently Mature' To Understand Consequences Of Relationship
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...