[Maharashtra Ownership Flats Act] Private Agreements Cannot Override Statutory Duty To Grant Deemed Conveyance: Bombay High Court

The Bombay High Court has held that internal agreements or contractual clauses between the promoter and flat purchasers cannot override the statutory mandate of granting deemed conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963. The Court observed that once construction is completed in accordance with the sanctioned plan and the society is formed, the promoter's...

Bombay High Court Judge Duped Of Rs 6 Lakhs In Online Credit Card Fraud

A sitting Bombay High Court judge last week, filed a complaint with the Mumbai Police alleging that she has been duped in an online credit card fraud to the tune of Rs 6 lakhs. The female judge, lodged a First Information Report (FIR) against an unknown person, who claimed to be a representative of the HDFC Bank's credit card department and defrauded her of Rs 6 lakhs. According to her FIR...

[Land Acquisition Act] 'Compensation U/S 28A Cannot Be Restricted To Compensation Awarded In Foundational Award': Bombay High Court

The Bombay High Court has held that compensation determined in proceedings under Section 28-A of the Land Acquisition Act, 1894, cannot be restricted only to the amount awarded in the “foundational award” relied upon for redetermination. The Court observed that Section 28-A is a beneficial provision enacted to remove inequality in compensation between landowners whose lands are acquired...

Criminal Case Cannot Continue In Hope Of Finding Offender When No Prima Facie Offence Is Disclosed: Bombay High Court

The Bombay High Court has held that an investigating agency cannot continue a criminal investigation merely in the hope of discovering unknown accused persons when the preliminary enquiry does not disclose the commission of any prima facie offence. The Court observed that the machinery of criminal law cannot be set in motion to conduct a roving and fishing inquiry where the material...

'Security Paramount': Bombay High Court Rejects Plea Of Cab Drivers To Offer Namaz At Mumbai Airport Premises

The Bombay High Court on Thursday, while refusing to permit Muslim drivers and passengers to offer Namaz at the Chhatrapati Shivaji Maharaj International Airport (CSMIA), even for the limited period of Ramadan, made it clear that it cannot, at any cost, compromise the security of the airport and whether it is religion or something else, court will only favour security. A division bench of...

Employees' Compensation Act Claim Cannot Be Rejected Merely Because Disability Certificate Was Issued By Non-Treating Doctor: Bombay HC

The Bombay High Court has held that an application for compensation under the Employees' Compensation Act, 1923, cannot be rejected solely on the ground that the disability certificate was issued by a doctor who did not attend to the injured workman. The Court observed that the Act only requires the certificate to be issued by a “qualified medical practitioner” and does not mandate that...

'Divorce Decree Cannot Be Granted By Relying Merely On Whatsapp Chat': Bombay High Court

The Bombay High Court has held that a decree of divorce cannot be granted merely on the basis of WhatsApp chats without proper proof through evidence. The Court observed that allegations of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 must be established through legally admissible evidence, and the opposing party must be given an opportunity to rebut the material relied...

[Cooperative Societies Act] Audit Reports/Inquiry Orders Are Only Preparatory Steps, Not 'Orders' For Revision: Bombay High Court

The Bombay High Court has held that a Special Report submitted under Section 81(5B) of the Maharashtra Cooperative Societies Act, 1960, and an order directing inquiry under Section 88 are not “orders” or “decisions” amenable to revisional jurisdiction under Section 154 of the Act. The Court observed that if Section 154 is interpreted to include audit reports under Section 81, the...

Fresh Deemed Conveyance Plea Not Maintainable After Earlier Rejection On Merits; Quasi-Judicial Authorities Bound By Res Judicata: Bombay HC

The Bombay High Court has held that once a quasi-judicial authority has adjudicated an application for deemed conveyance on merits and rejected it without granting liberty to file a fresh application, it cannot subsequently take a contrary view on the same issue merely because a fresh application is presented in a modified form. The Court observed that such a course would undermine the...

More Women Joining Workforce To Become Economically Independent, State Cannot Deny Maternity Benefits: Bombay High Court

At the time when more and more women are joining the workforce for becoming economically independent, the authorities by denying them maternity leave benefits cannot compromise their role as a care giver to the child, observed the Bombay High Court while ordering the Brihanmumbai Municipal Corporation (BMC) to pay and extend the benefits to a Doctor, working in the civic-run KEM hospital, at...

Bombay HC Grants ₹50 Lakh COVID Compensation To MSRTC Supervisor's Widow; Says Field Staff Faced Same Risk As Drivers During Pandemic

The Bombay High Court has held that supervisory staff deputed to manage traffic operations during the COVID-19 pandemic were exposed to the same risk as drivers and conductors, and are therefore entitled to compensation of Rs. 50 lakhs under the applicable Government Resolution and MSRTC circulars. The Court observed that the deceased did his job at the risk to his life in a time when the life...

PIL In Bombay High Court Seeks Structural Safety Audit Of All Metro Lines In Mumbai After Slab Collapse Accident

An advocate has filed a Public Interest Litigation (PIL) seeking structural safety assessment of all the construction sites of various lines of Mumbai Metro after the tragic accident took place in the city wherein one man lost his life and three were seriously injured after a portion of the slab of an under-construction of Metro Line 4B fell on an autorickshaw and a private car. Notably,...