“Can Number Of Autos, Taxis Be Limited?”: Bombay HC Asks State's Transport Commissioner To Decide Challenge Against Open Licensing Policy

The Bombay High Court recently ordered Maharashtra's Transport Commissioner to decide whether the 'open licensing policy' for autorickshaws and taxis–which has been questioned by an autorickshaw union–can be stopped so as to limit the number of autos and taxis in the State. The bench was hearing a petition filed by Pune-based Sawkash Authorickshaw Union, which contended that because of open licensing or open permit given to the auto-rickshaw drivers–as per a 2017 policy–there has been a...

Statutory Obligation To Pay Transit Rent To Displaced Slum Dwellers Even If Developer Undergoes Insolvency Proceedings: Bombay High Court

In a significant ruling, particularly for slum dwellers and also developers, the Bombay High Court recently held that it is the 'statutory obligation' of the developer to pay the transit rent to slum dwellers, who await rehabilitation of their homes.Single-judge Justice Amit Borkar upheld the termination of a developer, who was initially engaged for a rehabilitation scheme of a slum in Thane district, after noting that the developer - Anudan Properties Private Ltd. defaulted in paying transit...

Infant Deaths: Bombay High Court Forms Committee To Examine Medical Infrastructure In Nanded, Sambhaji Nagar Govt Hospitals

In a suo moto PIL concerning deaths in government hospitals in Nanded and Chhatrapati Sambhaji Nagar districts of Maharashtra, the Bombay High Court has formed a 5-member committee to visit government hospitals in the districts and prepare a report on the infrastructure and medical facilities available at these hospitals.A division bench of Chief Justice Alok Aradhe & Justice MS Karnik directed the committee to suggest short-term and long-term measures to ensure that incidents of...

Will Notify Rules On Regulating Public Gatherings And Agitations In Two Weeks: Maharashtra Govt Informs Bombay High Court

The Maharashtra Government told the Bombay High Court on Wednesday (March 26) that it has framed Rules under the Maharashtra Police Act to regulate public gathering, morchas and agitations.During the hearing a division bench of Chief Justice Alok Aradhe & Justice MS Karnik took note of an affidavit filed by a Deputy Commissioner of Mumbai Police, which stated that rules have been framed under Section 33 of the Maharashtra Police Act to regulate public gatherings and processions and that they...

Dr Payal Tadvi's Mother Moves Bombay HC Challenging State's Decision To Remove Pradip Gharat As SPP, Says He Was Prosecuting Effectively

The mother of the late Dr Payal Tadvi has approached the Bombay High Court, challenging the removal of Pradip Gharat as a Special Public Prosecutor (SPP) in the case against doctors accused of abbetting Dr Payal's suicide.Abeda Tadvi, informant and mother of Dr Payal Tadvi, has filed a petition challenging the removal of SPP Gharat from the case through a March 7 Government Notification....

Bombay HC Asks Bar Council To Clarify Stand On Complaints Filed Against Advocates For Appearing For Their Client, Calls It 'Serious & Larger Issue'

While noting that a mother and son duo had filed a complaint against an advocate who was representing their daughter/sister in her matrimonial dispute, the Bombay High Court recently ordered the Bar Council of Maharashtra & Goa (BCMG) to clarify its stance on the issue of litigants unnecessarily filing complaints against advocates and impleading them as respondents in writ petitions....

Spouse Threatening To Commit Suicide And Attempting It Is Cruelty, Grounds To Seek Divorce: Bombay High Court

The Bombay High Court has held that a spouse threatening to commit suicide and even attempting the same, would amount to cruelty and it can be a ground for one to seek divorce under the Hindu Marriage Act. Justice RM Joshi dismissed the second appeal filed by a woman, who challenged a judgment of a Family Court, which had granted decree of divorce in favour of the husband with a finding that...

Bill To Regulate Coaching Centres Likely To Be Tabled Before State Assembly In Monsoon Session: Maharashtra Govt Tells Bombay High Court

In relation to a Public Interest Litigation (PIL) seeking regulation of coaching institutions, the State government told the Bombay High Court that it has prepared a draft bill on the issue and that the bill would likely be tabled before the State Legislative Assembly in the monsoon session.The PIL filed in 1999 raised grievances that various private coaching centres were being run in the...

Arbitrator's Decision To Postpone Issue Of Partnership Firm's Dissolution To Stage Of Final Hearing Not Perverse: Bombay High Court

The Bombay High Court bench of Justices A.S. Chandurkar and Rajesh S. Patil has held that the decision of the Arbitrator to postpone the issue of determining the date of dissolution of the partnership firm to the stage of final hearing cannot be considered perverse for the purpose of section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), as it requires evidence to...

Bombay HC Directs Pollution Control Board To Hear Merchants' Representation On Charcoal Use In Bakeries Before Issuing Show Cause Notices

The Bombay High Court has directed the Maharashtra Pollution Control Board (MPCB) to grant a Charcoal Merchants Association an opportunity to be heard regarding the show cause notice being issued to various bakeries for using charcoal. A division bench of Chief Justice Alok Aradhe and Justice M. S. Karnik asked the MPCB to hear the association before issuing any show-cause notices against the...

Legal Education Rules Framed By BCI Not In Consonance With Advocates Act: Law College Tells Bombay High Court In Plea Opposing Inspection

The Bombay High Court on Monday, reserved its judgment in a petition filed by a law school against an inspection notice issued by the Bar Council of India (BCI).The petition filed in 2019 by Nathibai Damodar Thackersey Women's University Law School challenged the notice issued by the BCI for inspection of the college. The petitioner objected to the notice and argued that BCI does not have...

Bombay HC Quashes FIR Against Retd Professor Who Sent Obscene Message To Female Colleague, Claiming To Be Suffering From 'Mental Illness'

The Bombay High Court last week quashed a stalking case against a retired professor, who sent an 'obscene and objectionable' message to a female colleague, after noting that the accused was suffering from 'mental imbalance.'A division bench of Justices Sarang Kotwal and Shriram Modak noted that the complainant woman, too have given her consent to quash the First Information Report (FIR) that...