Bombay High Court
Error Of Scrutiny Committee Validating Caste Certificate Can't Be Challenged In Election Petition: Bombay HC Dismisses Plea Against Congress MP
The Bombay High Court bench at Aurangabad on Tuesday dismissed an election petition challenging the election of Congress leader Shivaji Kalge to the 18th Lok Sabha, from Latur constituency in Maharashtra.A candidate from the Vanchit Bahujan Aghadi (VBA) had challenged Kalge's election on the ground that he fraudulently won the election by claiming to be belonging to the 'Mala Jangam' case of...
"Crossed All Limits Of Humanity": Bombay High Court Upholds Man's Conviction For Rape Of Mentally Challenged Girl
Observing that he crossed all the limits of humanity, the Bombay High Court bench at Nagpur, recently upheld the conviction of a man for raping and impregnating a neighbourhood girl, who was suffering from Down syndrome.Single-judge Justice Govind Sanap noted from the material on record that there was sufficient evidence to prove beyond reasonable doubt that it was the appellant, who raped...
Bombay High Court Declines Urgent Hearing Of PIL Seeking Ban On Use Of DJ, Beam Lights During Eid-e-Milad
The Bombay High Court on Tuesday refused to grant an urgent hearing to a Public Interest Litigation (PIL) petition seeking a complete ban on the use of DJ and beam lights during the celebrations of the upcoming Eid-e-Milad celebrations. Four residents of Pune City have petitioned the High Court seeking a complete ban on use of DJ and beam lights claiming that the Muslim youth cannot dance to...
Distressing To See Women Dealing With Unwanted Pregnancies Alone: Bombay High Court Mulls Over Mechanism To Ensure Accountability Of Partners
The Bombay High Court last week expressed 'disturbance' over the predicament of young women, who are 'compelled' to move the court to get their 'unwanted' pregnancies terminated medically and in all this, the court said it is only the women who 'suffer' and not their 'partners.'Therefore, to provide 'succour' to such women, the division bench of Justices Ajay Gadkari and Dr Neela Gokhale...
Maintenance Tribunals Cannot Cancel Gift Deeds Merely On 'Vague Allegations' Of Senior Citizens Against Their Children: Bombay High Court
The Bombay High Court recently held that a Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot cancel the 'gift deed' executed by a parent merely on the 'vague' allegations of 'non-maintenance' of the senior citizen by their children or the person, whom they have 'gifted' their property.Single-judge Justice RM Joshi on August 29 quashed...
Rising Occurrences Of Illegal Buildings Has Detrimental Impact On Public Infra, Safety: Bombay High Court
Observing that the 'rising occurrence' of illegally constructed buildings has a detrimental impact on public infrastructure, the Bombay High Court recently denied anticipatory bail to a developer booked for constructing an illegal building that collapsed in July this year, in Navi Mumbai, Single-judge Justice Rajesh Laddha noted that the applicant - Mahesh Kumbhar, has been facing allegations...
KYC Not Done By Purchasing Party Is Not A New Fact To Reopen Proceedings: Bombay High Court Declines Reassessment
The Bombay High Court quashes reopening notice issued under Section 148 of the Income Tax Act, 1961 while emphasizing that unauthorized transactions are made without requisite KYC of the purchasing party cannot be said to be a fresh fact which has come to light which was not previously disclosed which tends to expose the untruthfulness of the fact. The Division Bench of Justices...
Even Appeal For Registering FIR Under SC/ST Act Will Have To Be Video Recorded: Bombay High Court
In a significant ruling, the Bombay High Court recently held that even the proceedings in an appeal seeking to register a First Information Report (FIR) under the stringent Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act (SC ST), will be needed to be "video-recorded."Single-judge Justice Sandeep Marne while hearing a plea filed by one Vijay Sapkale, who sought to register an...
High Court Notes "Lapses" In Mumbai Police's Probe Into Murder Of ShivSena (UBT) Corporator During FB Live, Transfers Investigation To CBI
The Bombay High Court on Friday transferred the investigation in the murder case of Shiv Sena (Uddhav Thackeray Faction) corporator Abhishek Ghosalkar, to the Central Bureau of Investigation (CBI).Ghosalkar, 41, was shot dead during a Facebook Live by his political rival Mauris Noronha on February 8, 2024. Soon after the incident, Noronha too allegedly committed suicide. Pointing several...
Bombay High Court Deprecates Practice Of Magistrates Giving Dates For Recording Statement Of Witnesses, Victims; Ignoring Urgency
The Bombay High Court on Thursday 'deprecated' the practice of the Magistrates in Mumbai for giving dates for recording statements of witnesses, victims or the confession of accused under the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS).A division bench led by Justice Revati Mohite-Dere took exception to this practice wherein Magistrates in the city, have been giving dates...
"No Intention To Disrupt Public Peace": Bombay High Court Grants Pre-Arrest Bail To Man Booked For Promoting Naxalism
The Bombay High Court bench at Nagpur recently granted anticipatory bail to a man booked for supporting and promoting 'Naxalism' through his WhatsApp messages and 'instigating' people against the existing Government of India by calling upon people to 'revive Naxalism' in the country.Single-judge Justice Urmila Joshi-Phalke on August 2, noted that the applicant - Nitin Bode, an insurance...
Bombay HC Grants Leave To Jain Charities To Challenge Govt Notification Restricting Meat Sale Only On First And Last Day Of Paryushan Parva
Regarding the ban on animal slaughter and meat sales during the Jain festival of Paryushan Parva, the Bombay High Court has granted leave to the petitioners (Jain Charities) to challenge the Government Notification of June 2019, which prohibited slaughtering and sale of meat only on the first and last day of the festival.Through the Government Notification dated 29th June 2019, the...