Bombay High Court Weekly Round-Up: January 19 - January 25, 2026

Update: 2026-01-27 05:30 GMT
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Nominal Index [Citations 2026, LiveLaw (Bom) 27 to 2026, LiveLaw (Bom) 41]XYZ vs State of Maharashtra, 2026 LiveLaw (Bom) 27Ambernath Vikas Aghadi vs State of Maharashtra, 2026 LiveLaw (Bom) 28Ramesh Dada Kalel vs State of Maharashtra, 2026 LiveLaw (Bom) 29Yusuf Khan s/o Bahadur Khan vs State of Maharashtra, 2026 LiveLaw (Bom) 30Dr Mohinder Kumar vs The Chairman, NABARD, 2026 LiveLaw...

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Nominal Index [Citations 2026, LiveLaw (Bom) 27 to 2026, LiveLaw (Bom) 41]

XYZ vs State of Maharashtra, 2026 LiveLaw (Bom) 27

Ambernath Vikas Aghadi vs State of Maharashtra, 2026 LiveLaw (Bom) 28

Ramesh Dada Kalel vs State of Maharashtra, 2026 LiveLaw (Bom) 29

Yusuf Khan s/o Bahadur Khan vs State of Maharashtra, 2026 LiveLaw (Bom) 30

Dr Mohinder Kumar vs The Chairman, NABARD, 2026 LiveLaw (Bom) 31

Rahul Sambhu Kabade vs Subhashsingh Surajsingh Thakur, 2026 LiveLaw (Bom) 32

Digant Parekh (HUF) vs Akruti Kailash Construction, 2026 LiveLaw (Bom) 33

Seetabai Pandharinath Temghare vs Union of India, 2026 LiveLaw (Bom) 34

HDFC Ergo General Insurance Co. Ltd. vs Adil Lutfi Peters, 2026 LiveLaw (Bom) 35

Kapil vs Union of India, 2026 LiveLaw (Bom) 36

Rushikesh @ Monya Shamrao Waghere vs Commissioner of Police, Pimpri Chinchwad, 2026 LiveLaw (Bom) 37

Rushikesh @ Monya Shamrao Waghere vs Commissioner of Police, Pimpri Chinchwad, 2026 LiveLaw (Bom) 38

Ramesh Gaichor vs NIA, 2026 LiveLaw (Bom) 39

Ashwani vs State of Maharashtra, 2026 LiveLaw (Bom) 40

Sailappan Sodali Muthu vs The Municipal Corporation of Greater Mumbai, 2026 LiveLaw (Bom) 41

Judgments & FInal Orders

Immoral Traffic Prevention Act | Major Victim Can't Be Detained In Protective Home Only For Lack Of Family: Bombay High Court

Case Title: XYZ vs State of Maharashtra

Citation: 2026, LiveLaw (Bom) 27

The Bombay High Court while observing that the Immoral Traffic (Prevention) Act, 1956 is not meant to punish victims of sexual exploitation, ordered the release of a woman who was rescued during a police raid and was sent into the custody of a protection home on the ground that she has not source of income, nor family and thus she may again indulge in 'immoral' activities.

Ambernath Municipal Council: Bombay High Court Orders Collector To Decide Afresh On Alliances Of BJP-Congress, Shinde Sena-NCP

Case Title: Ambernath Vikas Aghadi vs State of Maharashtra

Citation: 2026, LiveLaw (Bom) 28

In a bid to settle the political chaos in Ambernath Municipal Council (AMC), the Bombay High Court on Monday directed the Collector of Thane to decide afresh, recognising an alliance, either of the Shiv Sena (Eknath Shinde Faction) along with the Nationalist Congress Party (Ajit Pawar Faction) or that of the Bharatiya Janata Party (BJP) along with the 12 'expelled' but elected Councillors of the Congress party and the NCP.

Over-Emphasis On Accused's Rights Risks Undermining Rights Of Victim, Courts Must Strike Balance: Bombay High Court In POCSO Case

Case Title: Ramesh Dada Kalel vs State of Maharashtra

Citation: 2026, LiveLaw (Bom) 29

The Bombay High Court on Monday, while upholding a man's conviction and life sentence for raping a minor girl, bemoaned the 'danger' of 'over-emphasis' on the rights of the accused while 'ignoring' the rights of the victim. A division bench of Justice Manish Pitale and Justice Manjusha Deshpande highlighted the fact that it is the victim, who sets the criminal law into motion and yet the rights of the victim are often ignored completely.

'Meant To Strike Terror': Bombay High Court Denies Bail To Vet Accused In Amravati Murder Over Nupur Sharma Post

Case Title: Yusuf Khan s/o Bahadur Khan vs State of Maharashtra

Citation: 2026, LiveLaw (Bom) 30

While denying bail to one of the prime accused in the 2022 brutal murder of pharmacist Umesh Kolhe by a group of Muslim men over his support to the controversial statements made by former BJP spokesperson Nupur Sharma against Prophet Mohammed, the Bombay High Court on Tuesday held that the offence was heinous, and strikes at the conscious of the society.

POSH Act | Once Allegation Not Proved, No Action Can Follow: Bombay High Court Quashes Reprimand For Videographing Colleagues

Case Title: Dr Mohinder Kumar vs The Chairman, NABARD

Citation: 2026, LiveLaw (Bom) 31

The Bombay High Court last week, came to the rescue of an employee of National Bank for Agriculture and Rural Development (NABARD), who challenged the penalty of 'Reprimand' imposed on him by the Central Complaints Committee (CCC) for 'video recording' his female colleagues who often 'disturbed' the working hours by 'sitting together, giggling, gossiping and singing.'

Bombay High Court Deprecates Practise Of Litigants Blaming Advocates For Delay In Proceedings Without Material

Case Title: Rahul Sambhu Kabade vs Subhashsingh Surajsingh Thakur

Citation: 2026, LiveLaw (Bom) 32

The Bombay High Court while refusing to condone the delay of 203 days in filing a first appeal challenging a trial court's order, deprecated the practice of litigants blaming advocates for the delay without making the said advocate a party and without initiating any action against the said lawyer.

Pending Civil Suit Over Agreement For Sale Does Not Bar Deemed Membership In Co-Operative Society: Bombay High Court

Case Title: Digant Parekh (HUF) vs Akruti Kailash Construction

Citation: 2026, LiveLaw (Bom) 33

The Bombay High Court held that the mere pendency of a civil suit relating to the enforcement of an agreement for sale or recovery of consideration does not bar the Registrar from deciding an application for membership or deemed membership under Section 22(2) of the Maharashtra Co-operative Societies Act, 1960. The Court observed that the MCS Act confers power upon the Registrar to decide membership when the society does not perform its duty, and the Registrar can confer membership in such a situation, subject to the decision in the civil suit.

Railway Employee With Valid Privilege Pass Is 'Bonafide Passenger' Despite Missing Journey Entries: Bombay High Court

Case Title: Seetabai Pandharinath Temghare vs Union of India

Citation: 2026, LiveLaw (Bom) 34

The Bombay High Court has held that mere non-endorsement of travel particulars on a valid privilege pass held by a railway employee does not, by itself, disentitle the employee from being treated as a bona fide passenger under Section 124A of the Railways Act, 1989. The Court observed that where the pass was valid on the date of travel and there was no evidence of misuse or excess travel beyond entitlement, denial of bonafide status on technical grounds is unjustified.

Bombay High Court Imposes ₹2 Lakh Costs On HDFC Ergo For Frivolous Appeal Against Compensation In Motor Accident Case

Case Title: HDFC Ergo General Insurance Co. Ltd. vs Adil Lutfi Peters

Citation: 2026, LiveLaw (Bom) 35

Holding that the finding by a Motor Accidents Claims Tribunal (MACT) based on fact cannot be challenged through a writ of certiorari on the ground that the finding was incorrect as "inadequate and insufficient" material was adduced, the Bombay High Court recently imposed hefty costs of Rs 2 lakhs on HDFC Ergo Genral Insurance, for challenging a Rs 45.25 lakh compensation awarded to an Air India crew.

Bombay High Court Rejects Plea To Restrain PSBs From Disqualifying Candidates On Past Misconduct, Upholds Autonomy In Recruitment Policy

Case Title: Kapil vs Union of India

Citation: 2026, LiveLaw (Bom) 36

The Bombay High Court (Aurangabad Bench) has held that Public Sector Banks (PSBs) are autonomous entities entitled to prescribe their own eligibility and disqualification criteria and the mere absence of a uniform instruction from the Government of India does not render such conditions arbitrary. The Court observed that it cannot interfere with the recruitment choices of the Banks unless a specific recruitment condition is shown to be arbitrary, discriminatory, or violative of constitutional guarantees.

Preventive Detention Illegal If In-Camera Witness Statements Not Verified Before Proposal Under Dangerous Activities Act: Bombay High Court

Case Title: Rushikesh @ Monya Shamrao Waghere vs Commissioner of Police, Pimpri Chinchwad

Citation: 2026, LiveLaw (Bom) 37

In a significant judgment, the Bombay High Court held that Preventive Detention is a 'punishment without a trial' and thus, a detention proposal made by a sponsoring authority without prior verification of the in-camera witness statements is materially defective and illegal and such a detention order cannot sustain in law.

'Long Chain' Of Bureaucratic Approvals In Preventive Detention Needs Pruning: Bombay High Court To Maharashtra Govt

Case Title: Rushikesh @ Monya Shamrao Waghere vs Commissioner of Police, Pimpri Chinchwad

Citation: 2026, LiveLaw (Bom) 38

In a bid to ensure that there is no delay in processing the preventive detention orders, the Bombay High Court recently ordered the Maharashtra Government to cut short the long chain of officers, through whom a proposal to detain an individual moves.

Bhima Koregaon Case: Bombay High Court Grants Bail To Ramesh Gaichor & Sagar Gorkhe After 5 Yrs In Jail

Case Title: Ramesh Gaichor vs NIA

Citation: 2026, LiveLaw (Bom) 39

The Bombay High Court on Friday granted bail to Ramesh Gaichor and Sagar Gorkhe, both arrested since 2020 for their roles in the Elgar Parishad - Bhima Koregaon case. A division bench of Justice Ajay Gadkari and Justice Shyam Chandak granted bail on the ground of long incarceration.

Drugs & Cosmetics Rules | 60-Day Sample Testing Mandatory; Web-Host Reports: Bombay HC Orders Strict Action Against Erring Officers

Case Title: Ashwani vs State of Maharashtra

Citation: 2026, LiveLaw (Bom) 40

The Bombay High Court (Nagpur Bench) last week expressed serious concern over repeated and systemic lapses by officers of the Drugs Department in adhering to the mandatory timelines prescribed under Rule 45 of the Drugs and Cosmetics Rules, 1945. The Court observed that failure to analyse drug samples within the stipulated period not only vitiates prosecutions but also jeopardises public health by allowing sub-standard drugs to remain in circulation.

Mumbai Municipal Act | Notice U/S 314 Can't Be Issued Mechanically; Commissioner's Satisfaction Of Specific Contravention Is A Must: High Court

Case Title: Sailappan Sodali Muthu vs The Municipal Corporation of Greater Mumbai

Citation: 2026, LiveLaw (Bom) 41

The Bombay High Court has held that a notice issued under Section 314 of the Mumbai Municipal Corporation Act, 1888 (MMC Act), cannot be sustained if it is issued mechanically and without disclosing which specific statutory provisions have been contravened. The Court observed that the power under Section 314 can be exercised only upon the Commissioner recording satisfaction that there is a contravention of Sections 312, 313 or 313A of the MMC Act, and such satisfaction must be reflected on the face of the notice itself.

Other Developments:

Bombay High Court Refuses Urgent Hearing Of Dhangar Quota Protest Plea, Recalls Maratha Protestors Who 'Overstayed, Littered Mumbai'

The Bombay High Court on Monday criticised the Maratha Community protestors who had brought the city of Mumbai to a standstill in September 2025, for 'littering' the roads of the city and overstaying on the streets while demanding reservation for the community.

Bombay High Court Issues Notice On YouTuber Dr Sangram Patil's Plea Against FIR Over 'Objectionable Posts' On PM Modi

The Bombay High Court on Thursday (January 22) issued notice to Maharashtra Government on a plea by YouTuber and United Kingdom (UK) based doctor Sangram Patil, booked for allegedly making 'objectionable' social media posts against Prime Minister Narendra Modi and other BJP leaders.

'Is This Rule Of Law In Maharashtra?' : Bombay High Court Questions Police Failure To Arrest Minister's Son For A Month

Sharply criticising the Maharashtra Government for its failure to arrest Cabinet Minister Bharat Gogawale's son Vikas, who was booked in a rioting case regarding civic polls in Mahad, Raigad district, last month, on Thursday, the Bombay High Court remarked if Chief Minister Devendra Fadnavis is 'so helpless' that he is unable to do anything in this case wherein the son of his own sitting minister is said to be 'absconding' but is in constant touch with the father.

Day After Bombay High Court Raps Maharashtra Govt, Minister's Son Surrenders In Mahad Rioting Case

A day after Bombay High Court came down heavily on the Maharashtra Government for its failure to arrest Cabinet Minister Bharat Gogawale's son Vikas, booked in a rioting case during civic polls in Mahad, Raigad, today the court was informed that Vikas and other accused in the case have surrendered before the local police.

Bombay High Court Proposes Stopping Salaries Of BMC, NMMC Commissioners For Their Failure To Contain Air Pollution Levels

The Bombay High Court on Friday criticised the Brihanmumbai Municipal Corporation (BMC) and the Navi Mumbai Municipal Corporation (NMMC) for the failure to bring down the rising levels of air pollution in Mumbai and neighbouring areas and therefore indicated that it may on the next date, pass 'coercive' orders of stopping the salaries of the Commissioners of both Mumbai and Navi Mumbai.

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