[Admiralty Act] Intervention Application Permissible If Party Has An Interest In Ship Or Sale Proceeds: Bombay High Court

While dealing with a Commercial Admiralty Suit, the Bombay High Court observed that if a party has an 'interest' in a ship/vessel or proceeds of its sale, then it can file an interim application for intervention in the suit.The Court stated that Admiralty Rules, 2018 made under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 permit such intervention in the context of...

Bombay High Court Monthly Digest: July 2024

Nominal Index [Citation 320 - 390] ABC v. State of Maharashtra 2024 LiveLaw (Bom) 320 Ritu Dinesh Maloo v. State of Maharashtra 2024 LiveLaw (Bom) 321 Kartik Vaman Bhatt v. Union of India & Ors. 2024 LiveLaw (Bom) 322 Dr. Jaishri Laxmanrao Patil & Ors. v. Chief Minister, State Of Maharashtra & Ors 2024 LiveLaw (Bom) 323 The Indian Express (P) Ltd. and Ors....

Hate Speech: High Court Grants 4 Weeks To Maharashtra Police For Obtaining Sanction To Prosecute BJP Leader Vikram Pawaskar

The Bombay High Court on Thursday ordered the Maharashtra Police to obtain a sanction to prosecute Bharatiya Janata Party (BJP) State Vice President Vikram Pawaskar, for charges of hate speech, within four weeks.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan noted the submissions of Chief Public Prosecutor Hiten Venegavkar, who told the judges that the chargesheet in...

Right To Seek Divorce Is 'Personal Right' Of Individual, Family Cannot Pursue Proceedings After Son's Death: Bombay High Court

In a significant ruling, the Bombay High Court held that the 'right to seek divorce' is a personal right of an individual and the same cannot be extended to the family members of a person, even after his or her death.A division bench of Justices Mangesh Patil and Shailesh Brahme delivered the judgment while dismissing an appeal filed by the mother and brothers of a Pune-based man, who sought...

"Go To Pakistan Or Some Gulf Country, Do Not Take Undue Advantage Of India's Liberal Attitude": Bombay High Court Tells Refugee Who Overstayed

Coming down heavily on a 'refugee' for overstaying in India, the Bombay High Court on Wednesday asked a Yemen national to go to Pakistan or some other Gulf countries instead of overstaying here.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan said the refugee cannot take 'undue advantage' of India's liberal attitude."You can go to Pakistan, which is in the neighbourhood....

Maratha Reservation | Community Exceptionally Backward As Many Practise Superstition, Get Daughters Married Before 18-Yrs Age: MSCBC Tells Bombay HC

Justifying its recommendation for providing reservations to the Maratha Community, the Maharashtra State Commission for Backward Classes (MSCBC) on Tuesday told the Bombay High Court that the community has been pushed to the 'dark edges' of the mainstream society and that the Marathas continue to get their daughters married before completing 18 years, and also practice superstition.The...

Total 466 Criminal Cases Pending Against Various MPs, MLAs In Maharashtra & Goa: State Tells Bombay High Court

The Bombay High Court was on Thursday informed that a total of 466 criminal cases are pending against various former and sitting Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) across Maharashtra and Goa.A special division bench of Chief Justice Devender Kumar Upadhyay and Justice Nijamoodin Jamadar has been monitoring the status of criminal cases pending against...

AO Ought To Verify Details Before Initiating Reassessment Based On Faceless Information: Bombay High Court

The Bombay High Court has held that the Assessing Officer (AO) ought to verify details before initiating reassessment based on faceless information.The bench of Justice G. S. Kulkarni and Justice Somasekhar Sundaresan has held that the Assessing Officers need to bear in mind that when the Assessing Officer intends to resort to an action under Section 148 on the basis of information, which...

Assessment Order Need Not Contain Reference Disclosing Satisfaction On Each And Every Query: Bombay High Court

The Bombay High Court has held that it is not mandatory for assessment orders to contain reference and/or discussion to disclose its satisfaction in respect of each and every query raised.The bench of Justice K.R. Shriram and Justice Jitendra Jain has observed that since there is no discussion or finding on the issue of hazardous waste in the order, the respondent department should be taken...

Hawking Menace: Bombay High Court Slams BMC And Maharashtra Govt For Blame Games, Failure To Establish Town Vending Committees

The Bombay High Court on Thursday castigated the Brihanmumbai Municipal Corporation (BMC) and also the Maharashtra government for making the menace of illegal hawkers in Mumbai and other cities a "joke" by blaming each other on who will be taking action on the issue. A division bench of Justices Mahesh Sonak and Kamal Khata noted that the Street Vendors Act was introduced in 2014...

"Consensual Relationship With Married Man, Woman Was Adult Enough": Bombay HC Quashes Case Against Man Accused Of Raping Victim For 31 Yrs

The Bombay High Court on Wednesday quashed a rape case against a 73-year-old man, who allegedly raped the victim for 31 long years.A division bench of Justices Ajay Gadkari and Dr Neela Gokhale after perusing the First Information Report (FIR) held that there was a consensual relationship."The contents of the FIR clearly indicate a consensual relationship. The parties were indulging in...

[MV Act] Parents Living Separately Or At Native Place Entitled To Compensation Upon Ward's Accidental Death: Bombay High Court

The Bombay High Court on Tuesday held that the parents of a person dying in a road accident, if residing separately or at their native place, can still claim compensation as they will be categorised as 'dependents' under the Motor Vehicles Act, 1988.Single-judge Justice Arun Pendekar rejected the argument of the insurance company - Bajaj Allianz General Insurance Ltd. that the parents of...