Bombay High Court
Bombay High Court Upholds First Conviction Of Police Officers In Fake Encounter Case In Mumbai, Sets Aside Acquittal of Ex-Cop Pradeep Sharma
The Bombay High Court, on Monday, sentenced former Mumbai Police encounter specialist Pradeep Sharma to life imprisonment while upholding the life imprisonment awarded to 13 others, including 12 police personnel, in the case of the fake encounter killing of Lakhan Bhaiya in 2006, who allegedly was the former aide of the notorious gangster Chhota Rajan.It was the first conviction of police officers in a fake encounter. The court acquitted six civilians. Justices Revati Mohite Dere and Gauri...
“Certificate Of Practice Subsists” – Bombay High Court Decides Not To Precipitate Action Against Lawyer Whose Bar Council ID Card Expired
The Bombay High Court has decided not to initiate any further action against advocate Avnendra Kumar, who had appeared without a valid identity card during a recent bail hearing, after accepting his unconditional apology.Justice Karnik observed, “In any case the Certificate of Practice issued by the Bar Council of India subsists, which could not be produced before the coordinate bench,...
Bombay High Court Intervention Temporarily Halts Transportation Of Kolhapur Elephant To Jamnagar
The Bombay High Court has directed the High-Power Committee to hear a Jain trust before making a final decision on transferring an elephant 'Madhuri' from Kolhapur to the Radhe Krishna Temple Elephant Welfare Trust (RKTEWT) in Jamnagar, Gujarat.The High Court bench stated that, "…the opinion of the owner (Jain Trust) ought to have been gathered prior to transferring the said elephant,...
Bombay High Court Quashes Reassessment Proceedings Against Castrol India Initiated On Basis Of A Change Of Opinion
The Bombay High Court has quashed reassessment proceedings against Castrol India initiated on the basis of a change of opinion.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the reasons to believe notice itself indicates that the AO was already seized with information prior to passing the original assessment order, and as such, there is no tangible information...
Advocate Enrolled Elsewhere Must File Vakalatnama Along With Maharashtra-Based Lawyer To Appear In Courts Here: Bombay High Court
The Bombay High Court has called for appropriate action against Uttar Pradesh based lawyer Avnendra Kumar for breach of rules that govern lawyers not registered with the Bar Council of Maharashtra and Goa (BCMG).Justice Prithviraj K. Chavan observed that despite the Advocates Rules regarding the conditions subject to which an Advocate shall practice, mandating Kumar to file his vakalatnama...
Bombay High Court Summons Commissioner Of Police Pimpri Chinchwad Over Ill-Preparedness Of His Officers In Assisting Public Prosecutors
The Bombay High Court on Friday expressed extreme displeasure at the lack of assistance and insufficient knowledge about the case displayed by police officers meant to assist prosecutors during bail hearings.Justice Madhav Jamdar observed that such behaviour was adversely affecting the administration of justice and summoned the commissioner of Pimpri–Chinchwad to appear in the matter...
Does A Public Trust Receiving State Grants Need To Provide Info Under The RTI Act? Bombay High Court Full Bench Judgment
The full bench of the Bombay High Court at Nagpur has clarified the obligations of public trusts registered under the Maharashtra Public Trusts Act, 1950 in providing information under the Right to Information (RTI) Act, 2005 when they run institutions receiving grants from the state government.The key question before the court was: Whether a public trust registered under the Maharashtra...
"Unbecoming Conduct": Bombay HC Upholds Action Against CISF Constable Who Knocked On Female Neighbour's Door After Consuming Alcohol, To Ask For 'Lemon' In Her Husband's Absence
The Bombay High Court has upheld the disciplinary action taken against a Central Industrial Security Force (CISF) constable for knocking on the door of a female colleague's quarters late at night for lime, terming his conduct as "unbecoming of a government servant."The court rejected the constable's claim that the actions were not in the course of duty and therefore, the incident does not...
SC/ST Act Proceedings Even If Held In Open Court Must Be Video Recorded: Bombay High Court
The Bombay High Court has clarified that it is mandatory to video record all proceedings, including bail proceedings, in cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Sarang V Kotwal court answered a reference by a single judge bench holding that the proceedings must be...
Harshad Mehta Scam: AO Can't Assess Additions Again If Deleted By CIT(A) In First Round Of Proceedings; Bombay High Court
The Bombay High Court in the Harshad Mehta Scam case, while upholding the ITAT's ruling, held that the Assessing Officer could not have assessed additions again since the CIT (A) had deleted the same in the first round of proceedings and the concerned matters have attained finality. The bench of Justice K. R. Shriram and Justice Dr. Neela Gokhale has observed that various types of...
By 2:1 Majority Bombay High Court Allows Centre To Notify 'Fact Check Unit' Which Can Declare Social Media Content About Its Business As Fake
By a 2:1 majority and in a setback for the petitioners in the 2023 IT Rules Amendment Case, the Bombay High Court -in an interim order – has refused to restrain the Union government from notifying its Fact Check Unit.Rule 3(1)(b)(v) of the IT Rules amendment 2023 empowers the government to establish a Fact check Unit and unilaterally declare online content related to the government's...
Application For Compensation To Landlord During Stay On Eviction Decree Can't Be Entertained When Appeal Is Ready For Final Hearing: Bombay HC
The Bombay High Court recently held that an application for compensation to a landlord in case of interim stay on eviction decree during appeal cannot be entertained after the appeal is ready for final hearing when both parties were heard at the time of admission of the case.Justice Rajesh S Patil, while dealing with a tenant's revision application against an eviction decree, dismissed...