Mira Road Communal Riots: Bombay High Court Grants Bail To 14 Muslim Men, Booked For Rioting, Injuring Hindu Family

The Bombay High Court on Monday granted bail to 14 Muslim men accused of rioting and injuring a Hindu family as it celebrated the consecration of the Ayodhya Lord Ram Temple in Mira Road, on January 21, this year.Single-judge Justice Nijamoodin Jamadar noted that the accused were in custody since January and the fact that given the huge number of witnesses and accused, the trial is unlikely to...

Unified Development Control & Promotional Regulations Must Be Read In Consistence With Maharashtra Regional Town Planning Act: High Court

In a case relating to the denial of Occupation Certificate (OC) to a developer, the Bombay High Court has observed that the restrictions on land use and development commences when the Draft Regional Plan (DRP) under the Maharashtra Regional Town Planning Act, 1966 (MRTP Act) is published.In doing so, the Court stated that the any permission granted under the MRTP Act before coming into effect...

Duty Bound To Implement Court Orders: Bombay HC Imposes 25K Cost Over Police's Failure In Returning Passport Despite Court Order

The Bombay High Court on Monday while pulling up the Mumbai Police for not returning the passport of a man, despite a clear order by a Sessions court, said the Police is duty bound to implement an order passed by any court.A division bench of Justices Revati Mohite-Dere and Shivkumar Dige also imposed costs of Rs 25,000 on the State for the failure of the officers at Mumbai's plush Cuffe...

'Sophisticated Form Of Extortion': Bombay High Court Slaps Rs 5 Lakh Costs On 'Unscrupulous' Tenant For Frivolous Petition

The Bombay High Court while slapping a fine of Rs 5 lakh on a tenant for 'obstructing' redevelopment of a nearly 83-year-old building, observed that often such petitions by tenants amount to 'sophisticated form of extortion' and thus such 'obstructionist' behaviour of the tenants must be deterred.A division bench of Justices Ajay Gadkari and Kamal Khata noted that filing petitions in the court...

Bombay High Court Weekly Round-Up: December 02 - December 08, 2024

Citations: 2024 LiveLaw (Bom) 618 to 2024 LiveLaw (Bom) 624Nominal Index:Bks Galaxy Realtors LLP v. Sharp Properties, 2024 LiveLaw (Bom) 618Aditya Birla Finance Limited Versus Paul Packaging Private Limited, 2024 LiveLaw (Bom) 619Pradipsingh Thakur vs State of Maharashtra, 2024 LiveLaw (Bom) 620Deepak Manaklal Katariay V/s. Ahsok Motilal Katariya and Ors., 2024 LiveLaw (Bom) 621Sunfresh...

Delisting Regulations Of SEBI Not Applicable To Delisting Of Equity Shares Under Resolution Plan: Bombay High Court

The Bombay High Court bench of Justices M.S.Sonak and Jitendra Jain has held that Delisting Regulations framed by the SEBI would not be applicable to the delisting of shares of the company in pursuance of the approval of a Resolution Plan under section 31 of the code. Brief Facts In this case, the petitioner challenges the vires of Regulation 3(2)(b)(i) of the SEBI...

Bombay High Court Monthly Digest: November 2024

CITATIONS: 2024 LiveLaw (Bom) 568 to 2024 LiveLaw (Bom) 616:Nominal Index: Sharad vs. The Chief General Manager, Telecom (R.E.) Project & anr., 2024 LiveLaw (Bom) 568M/s. Tata Steel Ltd vs. Maharashtra Shramjivi General Kamgar Union & anr., 2024 LiveLaw (Bom) 569Suruchi Rajendra Gurjar vs. Board of Trustees of the Mumbai Port Authority & anr., 2024 LiveLaw (Bom) 570Doctor vs State...

Ex-Cop Sachin Waze Moves Bombay High Court Seeking Interim Bail In Antilia Bomb Scare Case

Former Assistant Police Inspector Sachin Hindurao Waze, has moved an application before the Bombay High Court seeking interim bail in relation to the Antilia bomb scare case.Waze was arrested by the National Investigation Agency (NIA) on 13 March 2021 for allegedly placing an explosive-laden vehicle near Mukesh Ambanis's residence Antilia in Mumbai. He was charged under Sections 16 and 18 of...

Bombay High Court Upholds Post-Graduate Medical Admission Criteria For Domiciled Candidates Who Obtained MBBS Degree Outside Maharashtra

The Bombay High Court has upheld the framework for PG medical course admission in Maharashtra which mandates domiciled candidates who obtained MBBS degree outside the State, to have secured admission to MBBS course under the All-India Quota in any Government Medical College or the All India Institute of Medical Sciences or any other Central Government Institution, to be eligible for...

State Can't Treat Similarly Situated Parties Differently: Bombay High Court Orders Release Of ₹75 Lakhs Export Subsidy To Manufacturer

While directing the State Government to release an export subsidy amount of Rs. 75 lakhs to a manufacturer, the Bombay High Court observed that denying the subsidy to the manufacturer after it was disbursed to a similarly situated manufacturer, would violate Article 14 of the Constitution.The Court noted that non-payment of subsidy to the manufacturer would amount to treating identically...

"Maintainability" And "Jurisdiction" Cannot Be Conflated While Deciding Application U/S 20 Of Arbitration Act, 1940: Bombay HC

The Bombay High Court bench of Justice Amit Borkar has held that maintainability and jurisdiction cannot be used interchangeably as they connote different things. Lack of jurisdiction results in the nullity of proceedings, as the court inherently lacks authority to adjudicate. Non-compliance with maintainability bars leads to dismissal without deciding the merits of the case but does...

Strangulating Pregnant Wife To Death Not Exceptionally Violent Or Brutal: Bombay High Court Declares Husband Eligible For Remission

Strangulating a pregnant wife to death over unfulfilled dowry demands, is not exceptionally violent or brutal, held the Bombay High Court at Nagpur, while granting remission to a police personnel, convicted for killing his pregnant wife.A division bench of Justices Nitin Sambre and Vrushali Joshi held that the petitioner - Pradipsingh Thakur was eligible for remission under the...