Bombay High Court Monthly Digest: September 2024

Bombay High Court Monthly Digest: September 2024Nominal Index (2024 LiveLaw (Bom) 461 to 2024 LiveLaw (Bom) 498): Mohan Chavan vs State of Maharashtra, 2024 LiveLaw (Bom) 461Abhin Anilkumar Shah versus ITO, 2024 LiveLaw (Bom) 462Nitin Vasantrao Bode vs State of Maharashtra, 2024 LiveLaw (Bom) 463Tejasvee Abhishek Ghosalkar vs State Of Maharashtra And Ors, 2024 LiveLaw (Bom) 464Vijay Sapkale...

If Appeal Is Preferred Beyond Limitation, Notice Must Be Issued To Respondent; Court Can't Directly Proceed On Merits: Patna High Court

The Patna High Court has made it clear that if an appeal is filed beyond the period of limitation, a notice of hearing is to be mandatorily issued to the respondent party.Single bench of Justice Arun Kumar Jha added that appellate court cannot proceed with the appeal on merits keeping the issue of limitation pending till final judgment. It reasoned,"...issuance of notice to the respondent is...

Father Not Absolved From Providing Maintenance For Child Even If Mother Is Working: Punjab & Haryana High Court

While hearing a challenging to an interim maintenance order, the Punjab and Haryana High Court observed that even if mother is working and earning sufficiently, it would not automatically mean that the father is absolved of his responsibility to provide sustenance for his children.In doing so, the high court emphasized that the father is legally bound to maintain his child as per his...

Unless Recipient Chooses To Forward Message On WhatsApp, They Cannot Be Held Liable For Defamation: Bombay High Court

A WhatsApp message is encrypted end to end and it can only be read by the person, who received it unless the recipient chooses to forward the message, thus in such a situation a sender cannot be booked for defaming a person in society, the Bombay High Court held recently. For the 'illegal arrest' of the applicant, the High Court ordered the Investigating Officer (IO) to pay Rs 2 lakhs and...

High Court Directs Punjab & Haryana To Issue SOP On Timely Testing Of Forensic Evidence In FSL

The Punjab & Haryana High Court has issued set of directions to the Government of Punjab & Haryana to ensure expeditious Forensic Science Laboratory (FSL) reports of incriminatory evidences.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "a direction is also passed upon all the Directors General of Police in the States of Punjab and Haryana, to issue standing...

Allahabad HC Refuses To Quash 'Riots' FIR Lodged By Sitting MLA Against Bahraich Violence Victim's Relative, BJYM City Chief

The Allahabad High Court recently refused to quash an FIR, lodged on the complaint of Mahasi MLA Sureshwar Singh against a relative of the Bahraich violence victim Ram Gopal Mishra, the BJYM City Chief, and others. For the uninitiated, on October 13, the final day of Durga Puja celebrations, communal violence broke out in the Maharajganj/Mehsi area of District Bahraich after some...

Karnataka High Court Upholds Order Requiring Mutt Head To Appear In Court For Leading Evidence After Completing Daily Rituals

The Karnataka High Court dismissed a plea moved by the Matadhipathi (religious head) of Kadri Shri Jogi Mutt (Yogishwara Mutt) who had sought appointment of a Commissioner to record his evidence in a suit before the trial court seeking a declaration that the Mutt (monastery) belongs to the Jogi community.The petitioner defendant–Raja Yogi Nirmalnathji Maharaj had sought this appointment on...

If Elephants Are Not Protected Next Generation Would See Them In Museums, Like Dinosaurs: Kerala HC In Pleas To Prohibit Parading In Festivals

While hearing a batch of pleas concerning prohibition of cruelty against captive elephants in Kerala, the High Court on Tuesday (November 5) orally remarked that if the animal is not protected and the numbers keep dwindling, the next generation would see the animal in museums, just the way we see Dinosaurs. The high court, which is considering formulation of guidelines to prevent cruelty...

Courts Must Strive To Remove Barriers Faced By Persons With Disabilities: Madras HC Dispenses Language Test For Speech & Hearing Impaired Engineer

The Madras High Court recently highlighted the court's duty to remove the barriers faced by persons with disabilities in their daily life. Justice Anand Venkatesh noted that the barriers faced by persons with disabilities went beyond issues of accessibility and was deep rooted in prejudices and stereotypes in the society. The court added that persons with disabilities faced...

Delhi High Court Restrains Alpino Health Foods From Publishing Advertisements 'Disparaging' Oats

The Delhi High Court has recently restrained Alpino Health Foods Private Limited, a Bengaluru-based brand, from publishing or sharing its advertisements disparaging “Oats” as a category of foods, either on social media or otherwise. Justice Mini Pushkarna passed the ex parte ad interim injunction order in favour of Marico Limited in its suit against Alpino, a brand which has actress...

Nuh Demolition | Punjab & Haryana HC Disposes Of Suo Moto 'Ethnic Cleansing Case', Cites SC's Order To Pause 'Bulldozer Action' Across India

The Punjab & Haryana High Court today disposed of the suo moto cognisance taken on the Nuh violence and demolition drive that took place in August 2023, allegedly on account of communal violence which took place in Nuh and Gurugram district. While Suo Moto staying the demolition drive in 2023 the Court had wondered "whether the buildings belonging to a particular community are being...

Calcutta High Court Allows Urgent Hearing For Plea Alleging Communal Violence Against Hindus, Sikhs In Kolkata

The Calcutta High Court has agreed to hear a plea alleging instances of communal violence against Hindus and Sikhs in Kolkata's Rajabazar area.Counsel claimed that the violence had been taking place from the time of Durga puja, and had continued to intensify.It was argued that stones were being pelted and bombs were being thrown at members of the Hindu and Sikh communities by miscreants trying...