Bombay High Court Weekly Round-Up: April 21 – April 27, 2025

2025 LiveLaw (Bom) 150 to 2025 LiveLaw (Bom) 163Nominal Index:Brijesh Barot vs Registrar General, High Court, 2025 LiveLaw (Bom) 150Elite Housing LLP Versus The Spectrum CHS Ltd., 2025 LiveLaw (Bom) 151Al-Quraish Human Welfare Association & Ors vs. The State Of Maharashtra, 2025 LiveLaw (Bom) 152High Court On Its Own Motion vs Vineeta Srinandan, 2025 LiveLaw (Bom) 153Arun Hastimal Firodia...

Elvish Yadav Approaches Allahabad HC Against Chargesheet, Summons In Alleged Rave Party And Misusing Snakes/ Snake Venom Case

Elvish Yadav has approached the Allahabad High Court against the chargesheet filed in FIR against him for alleged misuse of snakes and snake venoms for making YouTube videos. Allegations against him also include organizing rave parties and calling foreigners who make people consume snake venom and other intoxicating drugs.The Informant also alleged that after he had received the information,...

Composite Reference To Arbitration Can Be Made For Acceptance Of Offer At Consolidated Price Across Different Locations: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that the very acceptance of an offer at a consolidated price for works to be executed at different locations proves that the work orders issued were treated as part of a single transaction by the parties through their conduct therefore under such circumstances a composite reference of all work orders can be...

POCSO Act | Court Must Corroborate Victim's Testimony If Found To Be Unreliable: Gauhati High Court

The Gauhati High Court recently set aside a conviction under Section 10 of the POCSO Act passed by the Trial Court on the ground that the victim's evidence was not found to be of sterling quality and was utilised without corroboration. The single judge bench of Justice Mridul Kumar Kalita observed:“This Court is of considered opinion that once it is found that the prosecutrix has not...

[MACT] Salary Of Son Appointed On Compassionate Grounds Can't Be Taken As Salary Of Deceased For Determining Compensation: Allahabad HC

The Allahabad High Court has held that the salary of a son who has been appointed on compassionate grounds after father's demise in a road accident cannot be taken as salary of the deceased for determining compensation under the Motor Vehicles Act, 1988.Claimants' husband/ father was getting off from a bus when his leg got stuck. The bus started without noticing that his leg was stuck and as...

'Ensures Meritorious Students Get Admission': MP High Court Upholds Vires Of CM's Public Welfare Education Encouragement Scheme

The Madhya Pradesh High Court has upheld the constitutional validity of Mukhya Mantri Jankalyan Shiksha Protsahan Yojana (Chief Minister's Public Welfare Education Encouragement Scheme) which provides financial assistance to meritorious students domiciled in Madhya Pradesh to take admission in Government or Private institutions in Madhya Pradesh.Referring to Supreme Court's decision in TMA...

Protection Of Judges' Tenure Part Of Independence Of Judiciary: Allahabad HC Rejects PIL Against Justice Yashwant Varma's Transfer

The Allahabad High Court has rejected a Public Interest Litigation (PIL) plea challenging the recent transfer of Justice Yashwant Varma from the Delhi High Court to the Allahabad High Court. A bench of Justice Attau Rahman Masoodi and Justice Ajai Kumar Srivastava-I observed that the transfer, administration of oath, and functioning of a judge are the concomitants of...

Police Uniform Not A License To Assault Innocent Citizens; No Protection U/S 197 CrPC For Acts Beyond Official Duty: Allahabad HC

Refusing relief to 4 Uttar Pradesh police officials accused of abusing, assaulting, and unlawfully confining a doctor and his companions at a police post, the Allahabad High Court recently observed that acts falling outside the scope of a public servant's official duties do not require prior sanction for prosecution under Section 197 of the CrPC. “Merely because the applicants...

No One Should Harbour Misconception That They Can Undermine Or Outrage Court's Dignity: Allahabad HC Slams Fatehpur DM

In a strongly worded order, the Allahabad High Court recently slammed the District Magistrate of Fatehpur for filing an affidavit which, in the Court's view, subtly implied that he held the power to 'uphold', 'undermine' or 'outrage' the 'dignity' of the judiciary. A Bench of Justice JJ Munir took exception to the DM's assurance in his affidavit that the "dignity of the Court will always...

'Minor Children In Abandoned Condition': Allahabad HC Grants Bail To Woman Accused Of Killing Husband In Conspiracy With Lover

The Allahabad High Court recently granted bail to a woman accused of killing her husband in collusion with her mother and alleged lover, with whom she is said to have had an illicit relationship. A bench of Justice Rajesh Singh Chauhan granted bail to the accused (Khushbu Devi) by extending the benefit of Section 480 BNSS, noting that her husband has died and she is in jail, and there...

Civil Judges Exam | Jharkhand HC Finds 3 Incorrect Answers In Revised Key; Orders Re-Computation Of Marks, Publishing Of Final Merit List

The Jharkhand High Court has found that three answers in the revised answer key released by the Jharkhand Public Service Commission (JPSC) for the preliminary examination to the post of Civil Judges (Junior Division) were demonstrably incorrect and contrary to established law and precedent.Referring to Supreme Court's judgement Kanpur University & Ors v. Samir Gupta & Ors, a...

No Interim Relief U/S 9 Of A&C Act Without Exceptional Circumstances After Conciliation Fails & Arbitration Starts Under MSME Act: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that once conciliation fails under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), the Council may either conduct the arbitration itself or refer the matter to an arbitral institution. As per Section 18(3) of the MSME Act, the provisions of the Arbitration and Conciliation Act, 1996 (Arbitration...