Workshops Are 'Public Places' Under Motor Vehicles Act; Insurer Liable For Blast During Repair Of Stationary Vehicle: Bombay High Court

The Bombay High Court has held that a private motor garage is a "public place" within the meaning of Section 2(34) of the Motor Vehicles Act, 1988, as members of the public have a right of access to such premises for purposes like vehicle repairs and related services. The Court observed that a vehicle stationed in a garage for repairs continues to be in "use" under the Act and, therefore,...

"No VVIP Above Law": Bombay High Court Pulls Up FDA Over 'False' Food Safety Reports For State-Run Canteens

"When you inspect your own home, you are biased," Court remarked.

'Despicable': Bombay High Court Upholds Removal Of RPF Constable After Viewing Viral Molestation Video

The Bombay High Court has upheld the removal from service of a Railway Protection Force (RPF) constable after personally viewing a viral video of him allegedly inappropriately touching a woman passenger at Kalyan railway station in 2018. Holding that the video clearly established his intention to outrage the woman's modesty, the Court observed that despite being entrusted with...

Externment Of Gang Member Under Police Act Requires Satisfaction About Gang's Activities, Not Individual Alone: Bombay High Court

The Bombay High Court has held that the "subjective satisfaction" required for passing an externment order under Section 55 of the Maharashtra Police Act, 1951 against a gang or body of persons is fundamentally different from the satisfaction required under Section 56 for externment of an individual. The Court observed that while Section 55 requires the authority to be satisfied about...

Wrong Claim Of Travel Distance For Transport Allowance Doesn't By Itself Amount To Misappropriation: Bombay High Court

The Bombay High Court has held that making an incorrect claim regarding travel distance for transport allowance cannot, by itself, be equated with misappropriation of the employer's funds. The Court further observed that where the misconduct is accompanied by mitigating circumstances, and the punishment of dismissal is shockingly disproportionate to the nature of the charge proved,...

Bombay High Court Adjourns Same Sex Couple's Tax Exemption Plea Till Karnataka High Court Decides Identical Matter

The Bombay High Court on Thursday (July 30) adjourned sine die the plea filed by a same sex couple seeking 'exemption' under section 56(2)(x) of the Income Tax (IT) Act, which grants exemption from tax on 'gifts' between heterosexual couples.A division bench of Justice Burgess Colabawalla and Justice Firdosh Pooniwalla has kept the matter in abeyance until an identical matter pending before...

Bombay High Court Calls For Civic Accountability To Tackle Plastic Waste Crisis, Suggests Linking Ward Officers' ACRs To Cleanliness

The Bombay High Court has directed the Municipal Corporation of Greater Mumbai (MCGM) to formulate a comprehensive ward-wise cleanliness framework and consider linking the performance of Ward Officers in maintaining sanitation standards to their Annual Confidential Reports (ACRs). The Court further observed that Mumbai's recurring plastic waste crisis, particularly garbage washed ashore...

Reservation Of Sarpanch Post Must Follow Statutory Rotation; Consecutive Reservation For Women Impermissible: Bombay High Court

The Bombay High Court has held that where the office of Sarpanch of a Gram Panchayat was reserved for the Women category in the immediately preceding term, it must ordinarily revert to the Open (General) category in the succeeding term in compliance with the statutory principle of rotation under the Maharashtra Village Panchayats (Sarpanch and Upa-Sarpanch) Election Rules, 1964. The Court...

'Passing Eviction Orders Without Enforcement Machinery Renders Law Meaningless': Bombay High Court

The Bombay High Court has held that merely passing eviction orders without providing an effective mechanism for their implementation renders the statutory scheme under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 meaningless. The Court further observed that the Competent Authority is under a statutory obligation to enforce eviction orders and cannot refuse to...

'Symbolic Immersion' Of Giant PoP Ganesh Idols Won't Affect Religious Sentiments, Will Protect Environment: Bombay High Court

The Bombay High Court on Wednesday (July 29) observed that the proposed 'symbolic immersion' of giant Plaster of Paris (PoP) Ganesh idols, followed by their recycling instead of immersion in natural water bodies, would not affect anyone's religious sentiments and would instead help protect the environment for future generations.A division bench of Justice Ajay Gadkari and Justice Kamal Khata...

Bombay High Court Restrains Media From Calling Rajesh Khanna's Former Bungalow 'Cursed', 'Haunted', 'Unlucky'

The Bombay High Court recently restrained media houses and certain YouTube channels from posting anything defamatory or using words such as "unlucky, haunted, cursed or ill-omened" about the iconic 'Ashirwad' bungalow formerly owned by Bollywood superstar Rajesh Khanna. Single-judge Justice Arif Doctor passed the order while hearing the suit filed by businessman Shashi Kiran Shetty, who now...

Bombay High Court Quashes Externment Of SDPI Worker For Merely Protesting Babri Masjid Demolition, Opposing Central Govt Decisions

In a significant order, the Bombay High Court quashed and set aside externment order passed against a leader of the Socialist Democratic Party of India (SDPI), who was ousted from the city for participating in various agitations protesting the decisions of the Central Government and also for sloganeering against the demolition of Babri Masjid. Single-judge Justice Madhav Jamdar noted that...