Bombay High Court
Bombay High Court Releases 18-Yr-Old Who Mowed Down Woman From His Bike, Cites His 'Young Age' And 'Bright Future'
The Bombay High Court on Monday upheld the conviction of a youth under charges of causing death by negligence (304-A of IPC) of a woman, whom he dashed while driving his motorcycle in a rash manner, however, the court ordered his release under the Probation of Offenders Act after noting that he has a "bright future."Single-judge Justice Sanjay Mehare noted that the convict before him, was...
Court Continues To Be Flooded With Cases Where Minority Members Of Housing Societies Hinder Redevelopment Plans On 'Frivolous' Grounds: Bombay HC
The Bombay High Court expressed frustration at the conduct of non-consenting members of a Cooperative Housing Society who refused to vacate their flats despite the approval of a Development Agreement by majority of the Society's members.Justice Arif S. Doctor observed that “The docket of this Court continues to be flooded with several such matters where minority members continue to attempt...
Bombay High Court Weekly Digest: 08 July – 14 July, 2024
Citations: 2024 LiveLaw (Bom) 335 To 2024 LiveLaw (Bom) 348Nominal Index [Citation 335 – 348]Patanjali Foods Ltd. Versus UOI, 2024 LiveLaw (Bom) 335Konkan LNG Limited Versus The Commissioner of State Tax. 2024 LiveLaw (Bom) 336X. Y. Z. vs. Dean of Vitthal Sayanna Civil Hospital & Ors., 2024 LiveLaw (Bom) 337Symbiosis Open Education Society and Symbiosis Skills and Professional...
Bombay High Court Grants Default Bail To Two Booked For Being PFI Members
The Bombay High Court on Monday granted default bail to two men, accused of being members of the banned Popular Front of India (PFI).A division bench of Justices Revati Mohite-Dere and Gauri Godse pronounced the order on the pleas filed by Momin Moiuddin Gulam Hasan, alias Moin Mistri and Asif Aminul Hussain Khan Adhikari, both of whom were arrested by the Maharashtra Anti-Terrorism Squad...
'Unconvincing': Bombay HC Pulls Up Authorities For Delay In Deciding Representation Against Preventive Detention Due To Holidays, Official Work
The Bombay High Court while ordering the immediate release of a man, detained under a preventive detention order, said that the authorities responsible for curtailing the fundamental rights of a citizen must act with promptitude and with a sense of urgency.A division bench of Justices Bharati Dangre and Manjusha Deshpande while dealing with the plea filed by one Sadhu Pawar, noted that he...
High Court Cannot Deprive Wife Of Her Right To Choose Appropriate Forum To Seek Maintenance: Bombay High Court
It is the choice of a wife to file Domestic Violence proceedings seeking maintenance and reliefs before a Magistrate Court or before a Family Court when the husband has already instituted divorce proceedings, the Bombay High Court has recently observed while holding that in such a scenario, the High Court should not entertain applications filed by the husband to transfer the proceedings...
If Parole Can Be Given To Share Grief, Why Not To Share Happy Moments? Bombay HC Releases Convict To Meet Son Going Abroad To Study
The Bombay High Court earlier this week held that if parole can be provided to a convict in emergency situations or for marriages in the family, it can also be granted for the convict to share "happy moments" with his family like the travelling of his child to some other country for studies.The observation came on a plea filed by a life convict, who sought parole to meet his son, who has...
Reassessment Notice Not Complying Section 148 Pre-Conditions Is Beyond Jurisdictional: Bombay High Court
The Bombay High Court at Goa has held that the reassessment notice issued without complying with the pre-conditions mentioned in Section 148 of the Income Tax Act was beyond jurisdiction.The bench of Justice M. S. Karnik and Justice Valmiki Menezes has observed that the substantive rights of the original petitioner were governed by the provisions of the Portuguese Civil Code. The fact that...
Interpretation Of 'Scale Of Rates' By Tariff Authority For Major Ports Is A Binding Decision: Bombay High Court
The Bombay High Court has held that the Tariff Authority for Major Ports (TAMP) is the authority to interpret the 'Scale of Rates' fixed by it for services, port dues and other charges under the Major Port Trust Act, 1963 (MPT Act) and that its interpretation is a 'decision' and binding on the parties involved.The Division Bench of Justices K. R. Shriram and Jitendra Jain were considering...
'Unable To Focus, Come With Specific Issues': Bombay High Court Inclined To Close Plea Related To Potholes In Mumbai
The Bombay High Court on Friday expressed that it was inclined to close the proceedings stemming out of a contempt of court petition highlighting the issue of potholes across Mumbai and neighbouring cities.A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar expressed that the court and also the authorities were unable to focus on the main issue as there are...
RSS Defamation Case: Rahul Gandhi Gets Relief From Bombay High Court
In a relief for Congress leader Rahul Gandhi, the Bombay High Court on Friday quashed a Bhiwandi court order allowing the transcript of his speech as additional evidence in the criminal defamation case filed against him by a Rashtriya Swayamsevak Sangh (RSS) worker Rajesh Kunte.Single-judge Justice Prithviraj K Chavan allowed a writ petition filed by the Congress leader challenging the order...
No Foreigner In India Can Be Deprived Of Their Rights: Bombay HC Orders Rs 10 Lakh Compensation To Chinese Woman Harassed By Customs Dept
Observing that it is the obligatory duty of the State to ensure that the liberty of foreign nationals coming to India is not deprived except by law, the Bombay High Court on Thursday ordered the Customs Department to issue a "no objection certificate" (NOC) for facilitating the return of a Chinese national woman to her home country, who was wrongly booked in a gold smuggling...