Bombay High Court
Why The Bombay High Court Refused Scheduled Tribe Status To Approximately 1.5 Crore Dhangars Or Shepherd Community In Maharashtra?
On Friday in a setback for approximately 1.5 crore people of the Dhangar (shepherd) community in Maharashtra, the Bombay High Court dismissed pleas seeking Scheduled Tribe (ST) status for the community.A division bench comprising Justices Gautam Patel and Kamal Khata dismissed a clutch of petitions with the Maharani Ahiliya Devi Samaj Prabodhan Manch a Charitable Trust as the lead petitioner....
Assessee Ought Not To Have Meted Out Discriminatory Treatment Of Denying Clearance: Bombay High Court Allows Provisional Release Of Premium Cold Coffee
The Bombay High Court has held that the petitioner ought not to have been meted out such discriminatory treatment as denying clearance. The harsh and unreasonable conditions cannot be imposed, and more so when there is not an iota of material on the part of the department, as placed before the Court, indicating as to why a different yardstick would be required to be applied to the...
IT Rules Amendment: After Bombay HC Split Verdict, Third Judge To Hear Interim Application Against 'Fact Check Unit' From Feb 28
Justice AS Chandurkar of the Bombay High Court will hear petitions challenging the 2023 amendment to the IT Rules for grant of interim relief on 28th, 29th February and March 1, 2024.The petitioners in their interim application have sought stay on the notification for formation of Fact Check Unit (FCU) till the petitions are finally decided.During the hearing today, Solicitor General Tushar...
Married Sister-In-Law Who Frequently Visits House Not In Domestic Relationship With Complainant: Bombay High Court Quashes Domestic Violence Case
The Bombay High Court quashed a domestic violence case against a woman's married sister-in-law observing that the sister-in-law visiting frequently to the household of the complainant without any permanency is not sufficient to constitute residence in shared household.Justice Sharmila U Deshmukh allowed a writ petition filed by the sister-in-law challenging the order of the Sessions Court...
Bombay High Court Dismisses Plea By Deceased's Mother Against Legal Heirship Certificate To Son Of Deceased Excluding Her
The Bombay High Court refused to revoke legal heir certificate granted to wife and children of a deceased man in a petition filed by a woman claiming to be his biological mother, who alleged that the son of the deceased suppressed her pending suit claiming to be a legal heir.The petitioner's pending suit seeks a declaration that the deceased was her son and challenges his alleged adoption by...
Order 23 Rule 3A | Bar To Suit Challenging Compromise Decree Not Attracted When Compromise Recorded But Suit Not Disposed: Bombay HC
The Bombay High Court recently observed that bar under Order 23 Rule 3A of the CPC on a suit against a compromise decree is not attracted when a compromise is merely recorded in the earlier suit but the suit is not yet disposed.A division bench of Justice AS Chandurkar and Justice Jitendra Jain allowed an appeal against a trial court order declaring a suit non-maintainable observing that...
Bombay High Court Imposes 50K Costs On Slum Occupant For Making Claims Contrary To Original Pleadings In Suit Against Developers
The Bombay High Court recently imposed costs of Rs. 50,000 on a slum occupant who tried to amend a suit against the slum developers seven years after filing it and introduce claims contrary to her original pleadings.Justice Kamal Khata set aside an order dated September 10, 2018, allowing the amendment to the slum occupant's suit and observed that she was trying to hold onto the...
Fraud Being Non-Arbitrable Due To Complexity Is Archaic Position, Contemporary Arbitration Practice Has Evolved: Bombay High Court
The Bombay High Court single bench comprising Justice Bharati Dangre held that due to an evolution in contemporary arbitration where there was a belief that fraud disputes were unsuitable for arbitration, today, arbitral tribunals routinely navigate through extensive material in various dispute types. Thus, it held that the previous notion of fraud being non-arbitrable due to complexity...
"Reproductive Health Is A Facet Of Personal Liberty": Bombay High Court Allows Two Couples To Use Prohibited Donor Gametes For Surrogacy
The Bombay High Court has allowed two women to undergo surrogacy using 'donor gametes' which is otherwise prohibited under an amendment in 2023 to Surrogacy (Regulation) Rules, 2022.Justices GS Kulkarni and Firdosh Pooniwala passed the order. “...we are of the clear opinion that if the protection as prayed for is not granted to the Petitioners it would certainly prejudice their legal rights...
Bombay High Court Quashes Judicial Officer's Cruelty FIR Against Husband And Relatives, Says It Is A Counterblast To Matrimonial Dispute
The Bombay High Court on Friday quashed an FIR filed by a judicial officer against her husband and in-laws alleging cruelty and other offences observing that the FIR was a counterblast to a matrimonial dispute between the couple.A division bench of Justice AS Chandurkar and Justice Jitendra Jain observed that the delay in lodging the FIR along with the fact that the incidents described in the...
Former Mumbai NCB Zonal Director Sameer Wankhede Moves Bombay High Court For Protection From Arrest In ED's Money Laundering Case
Former Mumbai NCB Zonal Director Sameer Wankhede has approached the Bombay High Court seeking protection from coercive action amongst other reliefs in the Enforcement Directorate's (ED) money laundering case filed against him.The ED's money laundering case against Wankhede is based in a 2023 FIR registered by the Central Bureau of Investigation (CBI) alleging a Rs 25 crore bribe demand...