Justice Ramesh D Dhanuka To Take Oath As Chief Justice Of Bombay High Court Today, Will Retire On Tuesday

Justice Ramesh D Dhanuka will be sworn in as Chief Justice of the Bombay High Court today at Raj Bhavan and will take up matters in a vacation court division bench on Monday, a day before his retirement.The bench of Justice Dhanuka and Justice GS Kulkarni will take up nine matters on Monday from 10:30 AM.The Centre notified Justice Dhanuka’s appointment as the Chief Justice on Friday. The Supreme Court Collegium had recommended Justice Dhanuka’s appointment as Chief Justice on April 19.Justice...

Aryan Khan Bribery Case: Sam D'Souza's Writ Petition Withdrawn After Bombay High Court Denies Him Interim Protection

Sam D'Souza, accused in Rs 25 Crore extortion case regarding Aryan Khan's arrest in 2021, withdrew his quashing petition after the Bombay High Court expressed disinclination to grant him interim protection from arrest. A vacation bench of Justice Abhay Ahuja allowed D’Souza to withdraw his petition while keeping all his contentions open. D'Souza can seek anticipatory bail before the Sessions Court. CBI has alleged that D'Souza, as the aide of one KP Gosavi, took a bribe of Rs. 50 Lakhs along...

Centre Notifies Appointment Of Justice RD Dhanuka As Chief Justice Of Bombay High Court, To Have A Tenure Of 4 Days As CJ

The Central Government has notified the appointment of Justice RD Dhanuka as the Chief Justice of Bombay High Court."In exercise of the power conferred by clause (1) of Article 217 of the Constitution of India, the President is pleased to appoint Shri Justice Ramesh Deokinandan Dhanuka, Judge of the Bombay High Court, to be the Chief Justice of the Bombay High Court with effect from the date he assumes charge of his office," the notification reads.The Supreme Court Collegium had recommended the...

Non-Teaching Staff Of Aided Social Work Colleges Entitled To Leave Encashment On Retirement: Bombay High Court

The Bombay High Court recently held that on superannuation, non-teaching staff of aided social work colleges are also entitled to leave encashment under the Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Rules, 1984. A division bench comprising Justices Rohit Deo and Vrushali Joshi allowed an Assistant Librarian’s plea who was directed to return Rs. 5.2 lakh he received as leave encashment after 34 years of service. “We have no hesitation in holding, that the...

Court Custody Of Secured Asset Can't Be Used As Shield By Debtor To Prevent Creditor From Taking Possession Under SARFAESI Act: Bombay High Court

The Bombay High Court recently held that a secured creditor cannot be prevented from taking possession of a mortgaged property under section 13 of the SARFAESI Act just because the property is custodia legis (in custody of a court).Justice RI Chagla observed that the court has to assist the secured in taking possession of the secured asset. It particularly directed the court receiver to handover the possession of mortgaged property to Caparo Financial Solutions Limited, who had given a debt...

Bombay High Court “Shocked” After Woman Who Fought Tiger And Won Bravery Certificate Awarded Pittance In Compensation

The Bombay High Court has awarded Rs. 1 lakh compensation to a woman for the trauma of surviving a tiger attack and expressed shock at the casual manner in which forest officials wrote off the bravery awardee’s wounds as ‘simple injuries.’A division bench comprising Justices Rohit Deo and Vrushali Joshi set side the order of the Assistant Conservator of Forest. “We are shocked with the decision taken by the Assistant Conservator of Forrest considering the injuries sustained in Tiger attack as...

Amount Reimbursed Under Mediclaim Policy Can't Be Deducted From Compensation Payable By Offending Vehicle's Insurer: Bombay High Court

The Bombay High Court recently held that medical reimbursement received from a motor accident victim’s insurance company cannot be deducted from the compensation to be paid by the insurance company of the owner of the offending vehicle.Justice Shivkumar Dige upheld an award by the Motor Accident Claims Tribunal to an accident victim who received medical reimbursement under his father’s Mediclaim policy.“The Appellant/Insurance Company cannot claim deduction of the amount for which separate...

Section 115 Trademarks Act | Police Can’t Seal Factory Premises Instead Of Seizing Heavy Machinery: Bombay High Court

The Bombay High Court ordered de-sealing of factory premises in Chakan near Pune and observed that police don’t have the power under section 115 of the Trademarks Act to seal factory premises where incriminating articles were situated.A vacation bench of Justice Sharmila Deshmukh and Arif Doctor noted, “The provisions of sub-section (4) of section 115 of the Trade Marks Act, 1999 permits the police officer to seize without warrant the articles / items which are enumerated in the said...

Breaking | Bombay High Court Directs Sameer Wankhede To Not Publish WhatsApp Chats Or Make Press Statements In Extortion Case, Extends Protection

The Bombay High Court today extended the interim protection granted to former Narcotics Control Bureau (NCB) officer Sameer Wankhede in Rs 25 Crore extortion case regarding the arrest of Aryan Khan in 2021.The vacation bench of Justice Abhay Ahuja and Justice MM Sathaye extended its May 19 order asking CBI not to take any coercive steps against Wankhede, subject to his not publishing any material by way of WhatsApp chats or giving any press statement on the subject matter of petition or...

"Citizens Can Profess And Propagate Their Own Religion": Bombay High Court Quashes Section 144 Order Against Christian Couple Accused Of Conversion

Prohibiting individuals from carrying out any religious activities on their property through an order under section 144 of the CrPC is a direct violation of their fundamental rights enshrined in Article19(1), Articles 25 and 26 of the Constitution of India the Bombay High Court held.The Goa bench comprising Justices Mahesh Sonak and Valmiki Menezes quashed an order passed under section 144 of the CrPC by the district magistrate against a Christian couple accused of religious...

Sameer Wankhede Cites Alleged Chats With Shahrukh Khan To Counter CBI's Extortion Allegations In Cruise Ship Case, Says Khan Praised His Integrity

Former NCB officer Sameer Wankhede has cited before the Bombay High Court his alleged chats with actor Shah Rukh Khan after Aryan Khan’s arrest in the Cordelia Cruise Ship Case, to counter the allegation of extortion against him in CBI's FIR.“Mr. Shahrukh Khan has, vide his messages, clearly portrayed that he has no grievances against the Petitioner (Wankhede) and has only requested to be ‘kind to his son’. Mr. Khan has not only praised the Petitioner's integrity but has also expressed his...

Recognition Of Person As 'Tribal' After Transfer Of Land To Non-Tribal Won't Entitle Him To Seek Restoration: Bombay High Court Full Bench

The Bombay High Court recently held that recognition of a person as Tribal after the date he transfers his land to a non-tribal would not entitle the transferrer to restoration of the land under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974.A full bench comprising of Justice Sunil B Shukre, Justice AS Chandurkar, and Justice Anil L Pansare sitting at Nagpur...