Bombay High Court Upholds MSRTC's Right To Dismiss Conductor For Repeated Misconduct; Domestic Inquiries Do Not Require The Same Standard Of Proof As Judicial Proceedings

A Single Bench of Bombay High Court comprising Justice Sandeep V. Marne ruled in favour of the Maharashtra State Road Transport Corporation (MSRTC). It set aside the Industrial Court's order and reinstated MSRTC's right to dismiss a conductor, Raghu Deu Mongal, for serious misconduct. The court held that the domestic inquiry was fairly conducted and the punishment...

Bombay High Court Reaffirms Binding Nature Of Emergency Arbitrator's Decision, Grants Interim Relief U/S 9 Of Arbitration Act

The Bombay High Court bench of Justice Arif S. Doctor has observed that the object and intent of section 9 of the Arbitration Act is to support Arbitration and not defeat and/or permit parties to detract from the very process of arbitration. Therefore, party autonomy being the bedrock of arbitration, this would necessarily apply from the agreement to the rendering of the final arbitral...

Bombay High Court Overturns Labour Court's Reinstatement Of Typist; Clarifies Regularization Criteria To Contractual Workers In State Instrumentalities

A Single Bench of the Bombay High Court comprising Justice Sandeep V. Marne ruled in favour of the Maharashtra State Electricity Board (MSEB) and overturned a Labour Court award that had directed the MSEB to reinstate Suchita Vijay Surve as a permanent employee with 50% back wages. Surve had worked as a typist on a contractual basis for the Board and had sought permanency after six...

Bombay High Court Cites Procedural Flaws In MNLU Student's Expulsion For Sexual Misconduct, Urges Reformative Approach

A Division Bench of Bombay High Court comprising Justice A.S. Chandurkar and Justice Rajesh S. Patil set aside the expulsion of a law student from Maharashtra National Law University (MNLU) for sexual misconduct, citing serious procedural violations and recommending a reconsideration of the penalty. The court held that while the student's misconduct was significant, MNLU failed to comply...

Man Grooving His Neck Towards A Woman While Hearing Music & Riding Bike Is Not 'Stalking' : Bombay High Court

A man grooving his neck, towards a woman, while hearing music and riding a bike, will not amount to the offence of stalking as provided under section 354-D of the Indian Penal Code (IPC), the Bombay High Court held on Friday. The court however, held that the act of riding a two-wheeler at a high speed and in a wavering manner, coming close to another two-wheeler and overtaking it, would amount...

Bombay High Court Commutes Death Sentence Of Man Who Burnt Alive Woman, 2-Yr-Old; Awards Life Sentence

The Bombay High Court on Thursday commuted the death sentence to life imprisonment of a 46-year-old man, who set ablaze two women and a two-year-old girl.A division bench of Justices Revati Mohite-Dere and Shyam Chandak said the instant case, wherein the convict - Deepak Jath, set ablaze two women and a two-year-old girl, which led to the death of one of the women and the minor girl, does...

Expulsion Forever Will Lead To 'Academic Death': Bombay High Court Grants Relief To Law Student Accused In Multiple Sexual Harassment Cases

While disposing of a plea filed by a final year law student of the Maharashtra National Law University (MNLU) challenging the decision of the varsity to expel him from the institution after he was found guilty of 'repeated' sexual harassment of girls by the Internal Complaints Committee (ICC), the Bombay High Court on Thursday said that the student's expulsion for an 'unspecified' period...

Won't Act On Eviction Notices Against Shilpa Shetty & Raj Kundra Till Their Plea Against Provisional Attachment Is Decided: ED In Bombay HC

In a relief for Bollywood actor Shilpa Shetty and her businessman husband Raj Kundra, the Enforcement Directorate (ED) on Thursday told the Bombay High Court that it will not act upon the 'eviction notices' issued to the couple to vacate their residential house in Juhu and their Farm House in Pune.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan said it will dispose of...

Bombay High Court Quarterly Digest: July – September, 2024 [Citations 320 - 498]

Citation 2024 LiveLaw (Bom) 320 to 2024 LiveLaw (Bom) 498Nominal IndexABC v. State of Maharashtra 2024 LiveLaw (Bom) 320Ritu Dinesh Maloo v. State of Maharashtra 2024 LiveLaw (Bom) 321Kartik Vaman Bhatt v. Union of India & Ors. 2024 LiveLaw (Bom) 322Dr. Jaishri Laxmanrao Patil & Ors. v. Chief Minister, State Of Maharashtra & Ors 2024 LiveLaw (Bom) 323The Indian Express (P) Ltd....

Bombay High Court Asks State To File Affidavit On Steps Taken To Provide Facilities And Safety To Students Of Ashram Schools

The Bombay High Court has directed the State to file an affidavit concerning the steps taken by it to provide proper facilities and ensuring the safety of the students in various Ashram schools.The Court issued the directions in a Public Interest Litigation (PIL) concerning the conditions in the ashram schools in Maharashtra. The PIL filed by Ravindra Talpe said that the ashram schools lack...

Bombay HC Directs Municipal Corporations & Local Bodies To Conduct 'Special Drive' To Remove Illegal Hoardings Of Political Parties, Revives PIL

The Bombay High Court has revived a PIL pertaining to illegal hoardings and banners put up by political parties in public places. It has directed municipal corporations, municipal councils and other local bodies to conduct a 'special drive' to remove illegal hoardings and banners on public streets, public parks and other places.A division bench of Chief Justice Devendra Kumar Upadhyay and...

Purchase Of Goodwill And Continuing Same Business Must For Exemption Under Govt Notification Issued U/S 15(1) Of Bombay Rent Act: High Court

The Bombay High Court has observed that a Notification issued by the State Government on 24 September 1948, exercising its powers under the proviso to Section 15(1) of the Bombay Rent Act, 1947, permits a 'transfer of business' and not a 'transfer of tenancy' for certain commercial premises. Thus, the continuation of business must involve a purchase of goodwill so that the transfer is...