Child Care Leave Policy Protects Motherhood, Denying It Violates Rights Of Mother And Her Child : Bombay High Court

The Bombay High Court today (April 16) said that the legislation by brining in the Child Care Leave (CCL) policy has acknowledged the contribution of a woman to familial stability, her role in nurturing her children and thus, the Government must ensure that the policy is properly implemented to secure its objects. Single-judge Justice Dr Neela Gokhale said that by granting the CCL to women not only protects her own rights but also the rights of her children. "The legislation...

Family Courts Cannot 'Casually' Pass Orders Directing Spouse To Undergo Medical Exam To Ascertain Mental Health: Bombay High Court

The Bombay High Court has held that though a Family Court possesses sufficient powers to refer a spouse for medical examination to ascertain if s/he suffers from a mental disorder, it cannot 'casually' pass such orders without applying its mind. The High court quashed an order sending a woman for examination before a psychiatrist. Justice Santosh Chapalgaonkar quashed and set aside the order passed by a Family Court in Dhule, allowed the application filed by the husband.It was the husband's...

'Dhurandhar' Script Row: Bombay High Court Calls For Settlement Between Parties, Says Defamation Suit Need Not Be Escalated

In a development in the ongoing defamation suit filed by Aditya Dhar, the director of "Dhurandhar" against filmmaker Santosh Kumar, for accusing the former of 'plagiarism' for his 'script', the Bombay High Court on Thursday (April 16) urged both the parties to try and 'settle' the dispute and not 'escalate' the same to the extent of filing defamation suit.Notably, Kumar has claimed before the media that the script of the film Dhurandhar is basically a copy of his original work, which he titled...

Trafficking Victim Can Be Repatriated Based On 'No Objection' By Trial Court, Magistrate's Order Not Needed: Bombay High Court

A person trafficked to India can be repatriated to his or her original country based on a 'No Objection' granted by the respective trial court dealing with the said trafficking case, the Bombay High Court held on Wednesday (April 15), while ordering immediate repatriation of a Bangladeshi woman.A division bench of Justice Ajay Gadkari and Justice Kamal Khata said the court that has passed orders granting custody of the victim to the shelter homes, can pass repatriation orders in cases of adult...

'Report But Don't Use Embellishments': Bombay High Court Tells Republic TV, Arnab Goswami Over Coverage Of Cases On Anil Ambani

The Bombay High Court on Thursday orally told Republic TV and its editor-in-chief Arnab Goswami not to use any "embellishments" while reporting on the ongoing investigations against industrialist Anil Ambani.Single-judge Justice Arif Doctor made it clear that he was not going to pass any gag order against the channel but asked Goswami to tone down the tenor of his reporting against Ambani. This comes after the bench was informed by advocate Mayur Khandeparkar, who represented Ambani, that...

"Shocking Misconduct": Bombay High Court Directs Bar Council To Act Against Advocate For Misleading Court & Party

The Bombay High Court recently asked the Bar Council of Maharashtra & Goa (BCMG) to initiate appropriate proceedings against advocate Santosh Damodar Chande for putting in appearance for private persons without any authority and also for misleading the court. A division bench of Justice Anil Kilor and Justice Nivedita Mehta ordered the BCM to take action against Chande for, what it termed, his 'misconduct' before the court. Notably, the bench was hearing a plea by one Pushpa Gupta,...

'Not Sudden Quarrel' Bombay High Court Upholds Man's Murder Conviction For Killing Friend Over Rs 200 Loan

While upholding the conviction and life sentence imposed on a man by a Sessions Court in Thane for stabbing a friend to death just because he refused to give him a 'loan' of Rs 200, the Bombay High Court last month held that the said crime cannot be said to be a 'sudden quarrel' as the accused first pre-mediated the attack and then executed the same, killing the deceased. A division bench of Justice Sarang Kotwal and Justice Sandesh Patil noted that the convict - Ejaj alias Pintya Sagir...

"Can't Hold Him" Indefinitely: Bombay High Court Asks UK-Based Doctor Booked For Posts On PM Modi To Assure Cooperation If Allowed To Fly Back

The Bombay High Court on Wednesday (April 15) ordered UK-based Doctor and YouTuber Dr Sangram Patil to file an undertaking spelling out that he will co-operate with the ongoing investigations against him for posting a 'defamatory' post on social media against Prime Minister Narendra Modi and other BJP leaders. Single-judge Justice Ashwin Bhobe asked Patil to file an undertaking specifying that...

[Tenancy Act] Landlord's Right To Terminate Tenancy For 'Bona Fide Personal Cultivation' Extinguishes Upon Sale Of Land: Bombay High Court

The Bombay High Court has held that a landlord's inherited right to terminate tenancy for bona fide personal cultivation extinguishes upon the sale of the land. The Court observed that once the land is sold, the requirement of personal cultivation ceases to exist, defeating the basis of such a claim. Justice Somasekhar Sundaresan was hearing writ petitions challenging a Maharashtra...

'Eviction Proceedings Cannot Be Continued Against Tenant Who Has Become Co-Owner Of Property': Bombay High Court

The Bombay High Court has held that eviction proceedings cannot be continued against a tenant who has subsequently become a co-owner of the property. The Court observed that once a tenant acquires ownership rights in the premises, even to the extent of a share, his status changes and eviction proceedings cannot be pursued against him.Justice Rajesh S. Patil was hearing a civil...

1993 Bombay Blasts Case: High Court Dismisses Abu Salem's Plea Seeking Premature Release

The Bombay High Court today rejected the plea filed by underworld gangster and one of the prime convicts in the 1993 Mumbai bomb blasts case, Abu Salem, who sought premature release arguing that he has already completed 25 years of imprisonment after counting the remissions and thus as per the treaty signed between the then Indian and the Portugal governments, he must now be released.A...

Absence Of Vishaka-Style Formal Complaint Committee Not Enough To Vitiate Sexual Misconduct Inquiry If Procedure Was Fair: Bombay High Court

The Bombay High Court has held that mere absence of a Complaints Committee in the exact form contemplated under the Vishaka guidelines does not by itself vitiate a domestic inquiry into allegations of sexual misconduct. The Court observed that the validity of such an inquiry depends on whether a fair procedure was followed and whether any real prejudice was caused to the employee.Justice...