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 Bombay High Court

Additional Public Prosecutor Not State Employee; Cannot Be Prosecuted As Public Servant Under PC Act: Bombay High Court

The Bombay High Court has upheld the discharge of an Additional Public Prosecutor accused of demanding a bribe, holding that an Additional Public Prosecutor appointed on a tenure basis is not a public servant for the purposes of prosecution under the Prevention of Corruption Act, 1988. The Court relied on the Supreme Court's ruling in State of U.P. v. Johri Mal, which distinguishes the appointment of Public Prosecutors and Additional Public Prosecutors from that of Assistant Public Prosecutors,...

Non-Payment Of Salaries To Employees Violates Fundamental Rights Under Articles 14, 19(1)(g) & 21: Bombay High Court

The Bombay High Court has held that non-payment of salaries directly breaches the fundamental rights guaranteed to employees under Articles 14, 21 and 19(1)(g) of the Constitution. The Court observed that no institution can function in a manner prejudicial to or exploitative of its employees by withholding their salaries, which constitute their basic source of livelihood and survival.A...

“Caste, Tribe Or Community Can Never Constitute Incriminating Material”: Bombay High Court Rejects Bail Pleas Of Accused Under MCOCA

The Bombay High Court has held that a person's caste, tribe or community can never constitute incriminating material and that no adverse inference can be drawn on that basis. The Court observed that the prosecution must stand or fall on legally admissible evidence while rejecting bail applications filed by three accused booked under the Maharashtra Control of Organised Crime Act...

Bombay High Court Pulls Up Litigant For Joining Court VC While Lying On Bed Without Clothes

The Bombay High Court has deprecated the conduct of a litigant who joined a video-conferencing hearing while lying on a bed without wearing clothes, observing that parties cannot be exhibited in such a manner before the Court while seeking exemption from personal appearance. The Court directed the litigant to leave the video conference and directed that on the next date, he must either remain personally present or place appropriate medical documents on record if he was medically advised not to...

[NDPS Act] Females Search Must Be In Seclusion; Conducting Search In Presence Of Males Vitiates Seizure: Bombay High Court

The Bombay High Court has granted bail to a woman accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, holding that the search and seizure of contraband from her was prima facie vitiated because the search was conducted in the presence and gaze of male police personnel and a male panch witness. The Court observed that Section 50(4) of the NDPS Act requires a female accused...

Bombay High Court Threatens Contempt Action Against Goa Civic Officials Over Failure To Submit Stray Dog, Cattle Data

The Bombay High Court has warned that it may initiate contempt proceedings against Panchayat Secretaries, Chief Officers of Municipal Councils and the Commissioner of the Corporation of the City of Panaji (CCP) for failing to comply with directions on collecting data about stray dogs, pet dogs and stray cattle, and setting up temporary animal shelters. The Court reiterated that the officials...

Asking Daughter-In-Law To Do Household Chores Like Washing Clothes, Utensils Is Not Cruelty U/S 498A IPC: Bombay High Court

In-laws asking daughter-in-law to do household chores like washing clothes and utensils would not amount to cruelty under section 498-A of the Indian Penal Code (IPC) and they cannot be prosecuted on this allegation, held the Bombay High Court while quashing FIR against six members of a family. Sitting at the Kolhapur seat, single-judge Justice Abhay Mantri noted the allegation made by...

Wont Permit This: Bombay High Court On Alleged Illegal Detentions During Mumbai CEC Protests

The Bombay High Court on Tuesday, while hearing a PIL alleging that Mumbai Police detained protesters and passers-by during anti-CEC protests held in the city on October 10 and 11, orally said that it would not permit illegal detentions. A Division Bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna was hearing a PIL filed by Sagar Kantilal Devre, alleging that around...

After Bombay High Court Orders Release Of CJP Members, Goa Police Justifies Detention Citing Past Violations, Patronising Umar Khalid

A day after the Bombay High Court in a special and urgent Sunday sitting ordered the release of seven Cockroach Janta Party (CJP) members for staging protest in Panaji, the Goa Police on Monday (October 12) through an affidavit justified its move to detain the CJP members citing the 'past history' of the said outfit, wherein it was found to be 'patronising' Umar Khalid.The Goa Police...

Bombay High Court Advocates Stage Symbolic Protest To Protect Constitution, Read Out Preamble

More than 50 advocates practising at the Bombay High Court on Monday (October 12) evening staged a symbolic protest opposite the High Court building at the iconic Flora Fountain site. The advocates, mostly young girls, gathered at the site, with an aim to read the Preamble of the Constitution and also to sing the National Anthem at the site. However, amid the heavy police bandobast outside...

Bombay High Court Denies Relief To Woman Seeking Abortion On Ground That Her Husband Concealed Previous Marriage

The Bombay High Court recently denied permission to terminate the pregnancy of a 33-year-old married woman, who sought the leave on the ground that her husband had concealed his earlier marriage from her. A division bench of Justice Bharati Dangre and Justice Ashish Chavan noted that the provisions of the Medical Termination of Pregnancy (MTP) Act does not allow a woman to terminate pregnancy...