Company, Its Officials Must Update Themselves With Ever-Changing Laws, Ignorance Not An Excuse For Breaking It: Bombay High Court

The Bombay High Court on Monday while refusing to quash a First Information Report (FIR) against a businessman observed that ignorance of law is not an excuse for breaking it.A division bench of Justices Ajay Gadkari and Dr Neela Gokhale refused to quash an FIR lodged against one Ajay Melwani, who was booked under relevant provisions of the Narcotics Drugs and Psychotropic Substances (NDPS)...

'Built Up Area' Definition Can't Have Retrospective Application, Bombay High Court Dismisses Dept. Appeal

The Bombay High Court has held that the expression 'built up area' introduced with effect from April 1, 2005, could not be applied retrospectively, and the Tribunal was justified in holding that up to April 1, 2005, the expression 'built up area' would exclude the balcony area. The bench of Justice G. S. Kulkarni and Somasekhar Sundaresan has observed that for the first time, the Legislature...

Bombay High Court Orders Mandatory Presence Of Medical Facilities In All Schools & Colleges Across Maharashtra

In a first, the Bombay High Court has ordered all educational institutions in Maharashtra to provide proper first aid and medical facilities for students and employees of the schools and colleges within the college premises, so as to provide immediate possible treatment in cases of emergencies.A division bench of Justices Nitin Jamdar and Milind Sathaye noted that educational institutes in...

Bombay High Court Temporarily Restrains Indrani Mukherjea From Visiting Spain And The United Kingdom

The Bombay High Court on Tuesday ordered Indrani Mukerjea, the prime accused in the Sheena Bora murder case, not to travel to Spain or the United Kingdom (UK) till July 29. Single-judge Justice Sarang Kotwal passed an interim order staying the special court's order dated July 19, by which, Indrani was permitted to travel to Spain and United Kingdom for updating her bank documents and...

[Section 9-A CPC] Trial Court Cannot Frame Issue Which Only Disposes Of The Suit In-Part: Bombay High Court

The Bombay High Court has held that under Section 9-A CPC (now repealed by the CPC (Maharashtra Amendment) Act, 2018), a Trial Court cannot frame an issue which has the effect of disposing of the suit only in part.The Court clarified that if consideration of a preliminary issue was pending on the date of commencement of the Amendment Act, 2018, the issue could be decided by the court as...

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court

In a significant ruling, the Bombay High Court has held that allegations of ill-treatment made by a man against his own family members will not fall within the ambit of section 498A (domestic violence) of the Indian Penal Code (IPC).A division bench of Justices Ajay Gadkari and Dr Neela Gokhale noted that in the instant case, the First Information Report (FIR) was lodged by a woman along with...

Merely Being Customers In A Bar Where Women Are Dancing Does Not Attract Offense Of Obscenity: Bombay High Court

Mere presence as customers in a bar where women are dancing in an obscene manner, will not attract offences of obscenity or abetting any crime/obscene act, the Bombay High Court held recently.A division bench of Justices Ajay Gadkari and Shyam Chandak pronounced the ruling while quashing a First Information Report (FIR) against four Ahemdabad-based men, who were booked from a Bar in South...

Bombay HC Clamps Down On Horse-Trading Tactics In Municipal Elections, Post-Poll Alliances By Independent Candidates To Be Considered Pre-Poll Alliances

In a move that can halt 'horse-trading' tactics resorted to by independent candidates in the Municipal Councils, a five-judge bench of the Bombay High Court held that the post-poll alliances (post-poll Aghadi) formed by independent candidates after the elections, will be considered as pre-poll alliance and the provisions of the Maharashtra Local Authority Members' Disqualification Act, 1986...

"Sheer Harassment Of Citizens" Bombay High Court Slams Mumbai Police, BMC For Failing To Act Against Menace Of Hawkers

The Bombay High Court on Monday, came down heavily on the Mumbai Police and also the Brihanmumbai Municipal Corporation (BMC) for failing to resolve the "recurring" issue of illegal hawkers across the city. A division bench of Justices Mahesh Sonak and Kamal Khata was irked over the Mumbai Police and the BMC both seeking time to submit their "action taken reports." The judges lost...

Bombay High Court Weekly Round-Up: July 15 To July 21, 2024

Nominal Index [Citations: 2024 LiveLaw (Bom) 349 To 2024 LiveLaw (Bom) 373]A vs P, 2024 LiveLaw (Bom) 349Sadhu Bhaskar Pawar vs State of Maharashtra, 2024 LiveLaw (Bom) 350M/s. Dem Homes LLP vs. Taruvel C.H.S.L. & Ors, 2024 LiveLaw (Bom) 351Akshay Khandve VS State of Maharashtra, 2024 LiveLaw (Bom) 352Mohammed Javed Shaikh vs Municipal Corporation of Greater Mumbai, 2024 LiveLaw...

Bombay HC Directs Meta, Other Platforms To Remove 'Deepfake' Videos Of NSE's CEO Urging Investors To Join Whatsapp Group For Stock Tips

The Bombay High Court ordered social media platforms, including Meta and WhatsApp, to remove Artificial Intelligence (AI) generated videos of the MD and CEO of the National Stock Exchange of India (NSE) that showed him urging the common investors to join a WhatsApp group for stock picking tips. The Court held that under the Information Technology (Intermediary Guidelines and...

Police Officers Must Follow SC Mandate On Furnishing Grounds Of Arrest To Accused In Writing: Bombay High Court

The Bombay High Court recently said that every police officer in each case, before making any arrests, must inform the person to be arrested, in writing, the grounds of his arrest and only then proceed to effect arrest, as the same is the law of the land as laid down by the Supreme Court of India.A division bench of Justices Bharati Dangre and Manjusha Deshpande granted bail to one...